text:
(a) The purpose of the Legislature, in enacting this chapter, is to recognize that individuals with exceptional needs, as defined in Section 56026, between 3 and 21 years of age, residing in California’s state hospitals and developmental centers, are entitled to, under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), the same access to educational programs as is provided for individuals with exceptional needs residing in our communities.

(b) It is the intent of the Legislature to ensure that services shall be provided in the community near the individual state hospitals and developmental centers to the maximum extent appropriate, and in the least restrictive environment.

(c) It is the further intent of the Legislature to ensure equal access to the educational process and to a full continuum of educational services for all individuals, regardless of their physical residence.

(d) It is the further intent of the Legislature that educational services designated for state hospital or developmental center residents not eligible for services mandated by the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) shall not be reduced or limited in any manner as a result of the enactment of this chapter.

(e) It is the further intent of the Legislature that any cooperative agreements to provide educational services for state hospitals and developmental centers shall seek to maximize federal financial participation in funding these services.

history: (History: Amended by Stats. 2023, Ch. 44, Sec. 1. (AB 121) Effective July 10, 2023.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 30. SPECIAL EDUCATION PROGRAMS > 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals


kind: section

code: EDC

text:
(a) In developing the individualized education program for an individual residing in a state hospital or developmental center who is eligible for services under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), a state hospital or developmental center shall include on its interdisciplinary team a representative of the local educational agency from the district in which the state hospital or developmental center is located, and the individual’s state hospital or developmental center teacher, depending on whether the state hospital or developmental center is otherwise working with the local educational agency for the provision of special education programs and related services to individuals with exceptional needs residing in state hospitals and developmental centers. However, if a district or special education local plan area that is required by this section to provide a representative from the district or special education local plan area does not do so, the county office of education shall provide a representative.

(b) The state hospital or developmental center shall reimburse the local educational agency for the costs, including salary, of providing the representative who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of individuals with exceptional needs.

(c) Once the individual with exceptional needs is enrolled in the community program, the local educational agency providing special education shall be responsible for reviewing and revising the individualized education program with the participation of a representative of the state hospital or developmental center and the educational rights holder, as defined in subdivision (b) of Section 56863. The public agency responsible for the individualized education program shall be responsible for all individual protections, including notification and due process.

history: (History: Amended by Stats. 2023, Ch. 44, Sec. 2. (AB 121) Effective July 10, 2023.)

division: 4. INSTRUCTION AND SERVICES

part: 30. SPECIAL EDUCATION PROGRAMS

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals


text: In developing the individualized educational program and providing all special education programs and related services to individuals with exceptional needs residing in the state hospitals, the state hospitals shall comply with the requirements of the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and special education provisions of this part and implementing regulations. Special education and related services shall be provided to each individual residing in a state hospital pursuant to the individualized education program for that individual.

history: (History: Amended by Stats. 1993, Ch. 1296, Sec. 26. Effective October 11, 1993.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: The State Department of Education, within its existing program review process, shall specifically review the appropriateness of pupil placement for educational services as designated in the pupil’s individualized education program and the criteria used in determining such placement.

history: (History: Added by Stats. 1982, Ch. 1201, Sec. 51. Effective September 22, 1982.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) This chapter does not affect the continued authority of the State Departments of Developmental Services and State Hospitals over educational programs for individuals not eligible for services under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) nor shall it affect the overall responsibility of the state hospitals and developmental centers for the care, treatment, and safety of individuals with exceptional needs under their control. The state hospitals and developmental centers shall continue to render appropriate and necessary developmental services, health related services, psychiatric services, and related services assigned to the state hospitals and developmental centers in the local written agreements, as part of their responsibilities for the care and treatment of state hospital and developmental center residents.

(b) For purposes of this section, “health-related services” shall include services provided by physicians, psychiatrists, psychologists, audiologists, registered nurses, social workers, physical therapists, occupational therapists, psychiatric technicians, rehabilitation therapists, and speech language pathologists, and shall be the responsibility of the state hospital or developmental center if the individual with exceptional needs requires these services while in the community program.

history: (History: Amended by Stats. 2023, Ch. 44, Sec. 3. (AB 121) Effective July 10, 2023.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) The Superintendent and the Directors of the State Departments of Developmental Services and State Hospitals shall develop written interagency agreements to carry out the purposes of this chapter.

(b) For each county in which a state hospital is located, the county superintendent of schools, with the approval of the county board of education and the administrator of the state hospital, shall develop a local written agreement to carry out the purposes of this chapter. These agreements shall be reviewed and updated annually and may be modified at any time with the concurrence of both parties to the agreements.

history: (History: Amended by Stats. 2012, Ch. 440, Sec. 2. (AB 1488) Effective September 22, 2012.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: For each county in which a state hospital is located the county superintendent of schools shall ensure that appropriate special education and related services are available in the community for which the state hospitals can contract. Such contract shall provide for any eligible individual with exceptional needs residing in the state hospitals whose individualized education program specifies that educational services for that individual should be most appropriately provided, in whole or in part, in a program other than on the hospital grounds. The county board of education shall approve any programs operated by the county superintendent pursuant to this chapter.

history: (History: Added by Stats. 1980, Ch. 1191, Sec. 4. Effective September 29, 1980.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: In order to provide appropriate special education and related services to an individual residing in a state hospital, the State Departments of Developmental Services and State Hospitals shall contract with a county superintendent of schools, nonpublic, nonsectarian school, or other agency to provide all or part of the services that the individual’s individualized education program indicates should be provided in a program other than on state hospital grounds. A contract between a state hospital and a nonpublic, nonsectarian school shall only be entered into when no appropriate public education program is available.

history: (History: Amended by Stats. 2012, Ch. 440, Sec. 3. (AB 1488) Effective September 22, 2012.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Nothing in this chapter shall preclude the State Departments of Developmental Services and State Hospitals from contracting with a local public education agency, a nonpublic, nonsectarian school, or another agency to provide special education and related services on the state hospital grounds for those pupils whose individualized education programs do not indicate that such education and services should be provided in a program other than on state hospital grounds. These contracts shall not involve funds appropriated for purposes of community-based special education programs provided for state hospital pupils pursuant to this chapter.

history: (History: Amended by Stats. 2012, Ch. 440, Sec. 4. (AB 1488) Effective September 22, 2012.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) Community school agencies providing school programs on state hospital or developmental center grounds shall begin the orderly transfer of all state hospital or developmental center pupils whose individualized education programs indicate that a community school program is appropriate, to schools located in the community.

(b) All pupils covered by subdivision (a) shall be served in community schools other than on state hospital or developmental center grounds, and the contracting provisions of this chapter shall apply only to pupils in community school programs other than on state hospital or developmental center grounds.

(c) Waivers to subdivisions (a) and (b) may be granted only when approved by the State Superintendent of Public Instruction and either the Director of the State Department of Developmental Services, for individuals receiving developmental disability services pursuant to Division 4.1 (commencing with Section 4400) of the Welfare and Institutions Code, or the Director of State Hospitals, for individuals receiving mental health services pursuant to Division 4 (commencing with Section 4000) of the Welfare and Institutions Code.

history: (History: Amended by Stats. 2023, Ch. 44, Sec. 4. (AB 121) Effective July 10, 2023.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) On the first day of each month, the State Department of Developmental Services or the State Department of State Hospitals, as appropriate, upon submission of an invoice by the county superintendent of schools, shall pay to the county superintendent of schools the amount projected to cover the cost of hospital or developmental center pupils educated in community school programs.

(b) The amount described in subdivision (a) shall be determined according to procedures agreed by the State Department of Developmental Services or the State Department of State Hospitals, and the State Department of Education.

(c) Upon completion of the fiscal year, the county superintendent of schools shall calculate the actual cost of hospital pupils educated in community schools according to procedures in subdivision (b) approved by the State Department of Developmental Services or the State Department of State Hospitals and the State Department of Education.

(d) If the calculated actual cost of educating these pupils is greater than the total amount the county superintendent of schools has received for the fiscal year pursuant to subdivision (a), the following years’ distribution shall be adjusted accordingly.

(e) The county superintendent of schools shall distribute funds to participating districts on a pro rata basis.

history: (History: Amended by Stats. 2023, Ch. 44, Sec. 5. (AB 121) Effective July 10, 2023.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) A contract prescribed by this chapter shall become effective unless disapproved by the State Department of Finance or State Department of General Services within 20 working days of receipt of the contract. Each department shall have 10 working days to consider the contract.

(b) Contracts shall be submitted to the State Department of Developmental Services or the State Department of State Hospitals, as appropriate, for approval before May 15.

(c) A payment shall not be processed before contract approval, and educational services shall not be provided in the community school programs before contract approval.

history: (History: Amended by Stats. 2023, Ch. 44, Sec. 6. (AB 121) Effective July 10, 2023.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) Nothing in this chapter shall prohibit the inclusion of in-kind services or the assignment of state hospital personnel in a contract for services pursuant to this chapter.

(b) Ten percent of the contract costs shall be attributed to in-kind services. In-kind services above 10 percent of the contract costs shall be mutually agreed upon by both parties to the contract. Any disagreement over in-kind services above 10 percent shall not be cause for delaying approval of the contract.

(c) A 60 day prior written notice shall be given by the state hospital to the county superintendent of schools for the initiation or removal of in-kind state hospital classified personnel.

history: (History: Added by Stats. 1982, Ch. 1201, Sec. 60. Effective September 22, 1982.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: All certificated state hospital or developmental center employees hired to provide educational services to individuals with exceptional needs shall possess an appropriate California credential in special education. Certificated state hospital or developmental center employees who do not possess appropriate California credentials in special education shall be reassigned to provide educational services to individuals residing in state hospitals and developmental centers who are not eligible for services under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).

history: (History: Amended by Stats. 2023, Ch. 44, Sec. 7. (AB 121) Effective July 10, 2023.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Special transportation shall be the responsibility of the state hospital.

history: (History: Repealed and added by Stats. 1982, Ch. 1201, Sec. 63. Effective September 22, 1982.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
It is not the intent of this chapter to displace educational and related services personnel already employed by the state hospitals under the administration of the State Department of Developmental Services or the State Department of State Hospitals, or to reduce their salaries or other employee benefits.

The State Department of Developmental Services and the State Department of State Hospitals shall complete an annual review of the impact that implementation of this act will have in reducing the need for positions in state hospitals due to time spent by residents in community education programs and shall submit a report on its findings to the Department of Finance for approval.

history: (History: Amended by Stats. 2012, Ch. 440, Sec. 5. (AB 1488) Effective September 22, 2012.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) The state hospital or developmental center, as part of the notification to the educational rights holder of their rights pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and this part and implementing regulations, shall notify the educational rights holder of the right that the student can be considered for education programs other than on state hospital or developmental center grounds.

(b) For purposes of this section, “educational rights holder” means a parent, a legal guardian, a conservator, a person acting as a parent of a child, an adult student who is not conserved, a surrogate parent appointed pursuant to Section 300.519 of Title 34 of the Code of Federal Regulations, or any other person responsible for protecting the student’s rights and interests with respect to educational or developmental services, including any special education and related services.

(c) Information and records concerning state hospital and developmental center patients in the possession of the Superintendent shall be treated as confidential under Section 5328 of the Welfare and Institutions Code and the federal Privacy Act of 1974, Public Law 93-579.

history: (History: Amended by Stats. 2023, Ch. 44, Sec. 8. (AB 121) Effective July 10, 2023.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Individuals with exceptional needs residing in state hospitals shall not be included within the funding calculation made pursuant to Chapter 7.2 (commencing with Section 56836).

history: (History: Amended by Stats. 1998, Ch. 89, Sec. 59. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Funds appropriated by Section 11 of Chapter 1191 of the Statutes of 1980 may be used for remodeling classrooms located in a community school, in addition to the purposes of Chapter 25 (commencing with Section 17785) of Part 10, in order to serve state hospital pupils whose individualized education programs require a community school program.

history: (History: Added by Stats. 1982, Ch. 1201, Sec. 66. Effective September 22, 1982.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
The Legislature hereby finds and declares that several schools have developed programs of individualized instruction based upon performance criteria, including the integration of vocational education with the regular coursework, which have greatly improved their students’ achievement and that the success of such programs offers great promise for improving the effectiveness of education throughout the state. The Legislature intends to extend the use of individualized instruction programs on a large scale and to immediately organize a comprehensive program of individualized instruction based upon performance criteria in a major urban school district. Such a comprehensive program shall:

(a) Address the range of socioeconomic-educational problems of urban school children which will be faced by other urban school districts which may desire to develop individualized instruction programs.

(b) Convert the entire curriculum for kindergarten through 12th grade and articulate the curriculum with a community college.

(c) Fully integrate vocational education with the regular curriculum in order to acquaint students with a variety of career alternatives and to provide them with flexible opportunities to acquire the combination of vocational and academic skills required for their individual educational and career objectives.

(d) Draw together existing experience, techniques, and material in the field of individualized instruction, and produce an increased fund of economically reproducible instructional resources to accelerate large-scale conversion of schools in other school districts of the state.

(e) Provide a careful evaluation of the effectiveness of individualized instruction and the problems of conversion, including teacher training, curriculum design and production, integration of vocational education with the regular coursework, and plant utilization. Such an evaluation will help other school districts avoid pitfalls and unnecessary expenditures and permit their programs of individualized instruction to be developed with maximum efficiency and effectiveness.

(f) Provide a major opportunity to design and test the criteria and tools for measuring educational performance. Such an opportunity shall contribute essential information and experience to efforts to set goals and measure performance in all the schools of this state.

(g) Provide the Governor and the Legislature with more precise information on the fiscal requirements for converting schools in this state to programs of individualized instruction.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

part: 31. EXPERIMENTAL SCHOOL PROGRAMS

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 2. Individual Instruction

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 31. EXPERIMENTAL SCHOOL PROGRAMS > 2. Individual Instruction


text: As used in this chapter “individualized instruction based upon performance criteria” means an educational method in which (a) aptitudes, interests, motivations, and other characteristics of each student play a major role in the selection of educational objectives and the determination of the sequence of study and choice of materials and procedures; (b) the time spent by each student in a given subject area is determined by his performance; and (c) the progress of each student is measured by comparing his performance with a specific objective, rather than with the performance of other students.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: The Legislature further finds and declares that funds are needed to convert the regular curriculum to individualized instruction and integration of vocational education and that once such conversion and integration have been accomplished, such program shall operate on the funds regularly available to the school districts.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: The State Board of Education shall establish application procedures and select a school district to undertake an individualized instruction program pursuant to this chapter. The specific goal of the individualized instruction program authorized by this article shall be to convert at least one high school and the network of elementary and junior high schools which provide students to that high school to a program of individualized instruction based upon performance criteria, including the full integration of vocational education with the regular coursework, and to articulate this program with a community college. In authorizing this program, the Legislature recognizes that conversion of the entire network of schools may require incremental development beginning, for example, with a high school, one junior high school, and one elementary school.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
In selecting a school district to undertake an individualized instruction program pursuant to this chapter, the board shall use the following criteria:

(a) The school district shall be a large urban unified district, which had an average daily attendance of not less than 30,000 for the school year 1967–1968, and which has an agreement with a community college to articulate their curricula.

(b) The high school and network of junior high and elementary schools shall be representative of the range of socioeconomic-educational problems faced by urban schools.

(c) The local board of education and administrators of the school district and the administrators and teachers of the schools to be involved shall be strongly committed to the goals of the individualized instruction program.

(d) The individualized instruction program shall be carried out with maximum participation of the teachers and administrators of the individual schools and with substantial flexibility for each school to establish its own program within the framework of general goals and requirements for the overall program within the school district.

(e) The school district shall have a plan for community involvement with the program, including students, parents, and representatives of business, industry, organized labor, community and civic organizations, and the general public.

(f) The cost experience of the individualized instruction program and the instructional technology used in the school district shall be readily transferable to other schools in the state.

(g) The schools selected by the district to participate in the program shall receive entitlement equivalent to the total amount of resources from state, local and federal funds which would otherwise be provided the schools under the district’s current budgeting procedures.

(h) The instructional program shall include the full integration of vocational education with the regular curriculum and shall acquaint students in all grades with career alternatives and the relevancy of the school curricula to achieving career objectives.

(i) The school district shall have a written statement adopted by the local board of education setting forth the goals, and to the extent feasible, the measurable objectives of education in the district.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: In selecting the school district to undertake the individualized instruction program pursuant to this chapter, the State Board of Education shall conduct a thorough field review in order to make independent judgments of the suitability of a district to participate in the program. The field review shall include a rating of the levels of commitment of the teachers and administrators to the individualized instruction program set forth in this chapter.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: The district selected to undertake the program authorized by this chapter shall have complete responsibility for the program’s progress and success. The staff of the Department of Education shall serve as a resource team that shall provide technical assistance and advice to the school district.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: The state board may waive any provision of this code, with the exception of Article 1 (commencing with Section 16500), and Article 3 (commencing with Section 39140) of Chapter 2 of Part 23, which it deems is necessary to waive to assure the success of the program authorized by this chapter.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 127. Effective January 1, 2007.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
District evaluation and reporting requirements required by this article shall not supersede other legal requirements.

It is the intent of the Legislature, however, that the State Board of Education and the Department of Education make every effort to use the evaluation and reporting requirements under this chapter in fulfilling any other legal requirements in order to minimize the administrative burdens on the school district.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
The governing board of any school district may establish and maintain one or more alternative schools within the district.

For the purposes of this article, an alternative school is defined as a school or separate class group within a school which is operated in a manner designed to:

(a) Maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity, responsibility, and joy.

(b) Recognize that the best learning takes place when the student learns because of his desire to learn.

(c) Maintain a learning situation maximizing student self-motivation and encouraging the student in his own time to follow his own interests. These interests may be conceived by him totally and independently or may result in whole or in part from a presentation by his teachers of choices of learning projects.

(d) Maximize the opportunity for teachers, parents and students to cooperatively develop the learning process and its subject matter. This opportunity shall be a continuous, permanent process.

(e) Maximize the opportunity for the students, teachers, and parents to continuously react to the changing world, including but not limited to the community in which the school is located.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 3. Alternative Schools

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 31. EXPERIMENTAL SCHOOL PROGRAMS > 3. Alternative Schools


text:
The following notice shall be sent along with the notification of parents and guardians required by Section 48980: “Notice of Alternative Schools

California state law authorizes all school districts to provide for alternative schools. Section 58500 of the Education Code defines alternative school as a school or separate class group within a school which is operated in a manner designed to:

(a) Maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity, responsibility, and joy.

(b) Recognize that the best learning takes place when the student learns because of his desire to learn.

(c) Maintain a learning situation maximizing student self-motivation and encouraging the student in his own time to follow his own interests. These interests may be conceived by him totally and independently or may result in whole or in part from a presentation by his teachers of choices of learning projects.

(d) Maximize the opportunity for teachers, parents and students to cooperatively develop the learning process and its subject matter. This opportunity shall be a continuous, permanent process.

(e) Maximize the opportunity for the students, teachers, and parents to continuously react to the changing world, including but not limited to the community in which the school is located.

In the event any parent, pupil, or teacher is interested in further information concerning alternative schools, the county superintendent of schools, the administrative office of this district, and the principal’s office in each attendance unit have copies of the law available for your information. This law particularly authorizes interested persons to request the governing board of the district to establish alternative school programs in each district.”

Further, a copy shall be posted in at least two places normally visible to pupils, teachers, and visiting parents in each attendance unit for the entire month of March in each year.

history: (History: Amended by Stats. 1981, Ch. 469, Sec. 3.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: The parent or guardian of any pupil may request the governing board of a school district to establish an alternative school program or programs in the district pursuant to this chapter.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Teachers employed and students enrolled in the alternative school shall be selected entirely from volunteers.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Previous classroom performance shall not be a criterion limiting any student from the opportunity of attending an alternative school.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: A district may establish alternative schools in each attendance area or on a districtwide basis, with enrollment open to all students districtwide, or any combination thereof.

history: (History: Amended by Stats. 1977, Ch. 911.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
Alternative schools shall be operated in a manner to maximize the opportunity for improvement of the general school curriculum by innovative methods and ideas developed within the alternative school operation and to improve the general level of education in the State of California as provided in Section 58510.

Any alternative school shall be maintained and funded by the school district at the same level of support as other educational programs for children of the same age level operated by the district.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: For the operation of alternative schools as herein defined, the Superintendent of Public Instruction may, upon application of a school district, waive any provisions of this code other than those relating to earthquake safety and the provisions of this chapter.

history: (History: Amended by Stats. 1978, Ch. 380.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Each district operating an alternative school shall annually evaluate such school. The evaluation shall include testing of basic skills for student participants, and must identify the variables which may have affected student academic achievement. The process of evaluation shall also include teacher, parent, and student input from the alternative school itself. These evaluation reports shall be sent to the Superintendent of Public Instruction on or before August 1st of the following year and shall be annually reviewed by persons designated by the superintendent who are not employed by the district operating the alternative school under review.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: The Superintendent of Public Instruction shall establish minimum standards to further implement the definition of alternative schools as used in Section 58500 and may also establish such further guidelines as may be deemed by him necessary to the proper administration of this article.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: The governing board of a school district maintaining an alternative school may provide in whole or in part for the transportation of a pupil attending the alternative school. In lieu of providing such transportation, the governing board may pay to the parents or guardian of the pupil a sum not to exceed the cost of actual and necessary travel incurred in transporting such pupils in cases where transportation is provided by or paid for by the parents or guardian; provided, that in no case shall the district’s state apportionment for transportation expenses be increased because of the operation of an alternative school.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
It is the intent of the Legislature in enacting this chapter to assist in the establishment of specialized high schools in the state to provide advanced instruction and training in high technology fields and in the performing arts.

The Legislature recognizes that the establishment of these specialized high schools will benefit the state economy by providing opportunities to talented pupils to obtain enhanced learning opportunities in high technology fields and in the performing arts while enrolled in schools located in school districts in close proximity to areas in which these industries are located.

The Legislature also recognizes that the high technology specialized high schools established under this chapter will enable the faculty providing instruction in these schools to develop model curricula of general application in the fields of mathematics, science, performing arts, and computer technology to be made available to other school districts in the public school system.

history: (History: Amended by Stats. 1987, Ch. 106, Sec. 1.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 6. Specialized Secondary Programs

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 31. EXPERIMENTAL SCHOOL PROGRAMS > 6. Specialized Secondary Programs


text:
Any school district operating one or more high schools, or any consortium of school districts that operate one or more high schools, or any county superintendent of schools, or any county board of education, may submit a proposal to the Superintendent of Public Instruction to establish a school or schools with specialized curricula in high technology, performing arts, or other special curricular areas, for pupils in grades 9 through 12. School districts that submit proposals as a consortium shall agree to accept pupils from each district in the consortium at the specialized school.

The Superintendent of Public Instruction shall, commencing with the 1984–85 fiscal year, allocate funds for startup costs of these specialized secondary schools or programs.

history: (History: Amended by Stats. 1985, Ch. 831, Sec. 1. Effective September 19, 1985.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Entities eligible for funding of startup costs pursuant to Section 58801 shall be eligible to compete for funding for startup costs regardless of funding in any prior year. Receipt of funds for additional startup costs shall be based upon the addition of new program offerings. Funds provided pursuant to this section shall supplement, and shall not supplant, funds provided pursuant to Section 58801.

history: (History: Added by Stats. 1987, Ch. 676, Sec. 1.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: The Superintendent of Public Instruction shall apportion funds as available from the annual Budget Act for support of specialized secondary programs established prior to the 1991–92 fiscal year that operate in conjunction with the California State University. Funds apportioned pursuant to this section shall be distributed equally among eligible specialized secondary schools.

history: (History: Added by Stats. 1992, Ch. 563, Sec. 2. Effective January 1, 1993.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Faculty members providing instruction in specialized secondary programs shall develop model curricula which the Superintendent of Public Instruction shall make available to other school districts in the state.

history: (History: Amended by Stats. 1994, Ch. 922, Sec. 166. Effective January 1, 1995.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
Notwithstanding any other provision of law, specialized secondary programs may select as teachers noncredentialed persons who possess unique talents or skills from business, performing arts, or postsecondary institutions. No noncredentialed person shall be retained as a teacher in a specialized secondary program unless, within 60 days after the governing board has hired such a person, the Commission on Teacher Credentialing has issued a certificate of clearance for him or her, which the commission shall issue when it has verified the person’s personal identification and good moral character.

Each school district governing board that employs noncredentialed persons to teach in specialized secondary programs shall annually report to the Superintendent of Public Instruction the number of those persons employed, the subjects they are employed to teach, and the unique talents and skills they possess.

history: (History: Added by Stats. 1983, Ch. 498, Sec. 112. Effective July 28, 1983.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
From the funds appropriated by the Legislature for the purposes of Section 42238, the Superintendent of Public Instruction shall make allocations for the purposes of this chapter to county superintendents of schools, and county boards of education, operating approved specialized secondary schools, as follows:

(a) For the 1985–86 fiscal year, and for each fiscal year thereafter, in lieu of the funding calculation set forth in Section 42238, the revenue limit for each county superintendent of schools, or county board of education, operating one or more specialized secondary schools shall be calculated by multiplying the average daily attendance for the school or schools by the statewide average base revenue limit per unit of average daily attendance, for high school districts, as computed under paragraph (2) of subdivision (d) of Section 42238.

(b) The school district of residence of any pupil enrolled in a specialized secondary school operated by a county superintendent of schools or county board of education shall not include the attendance of that pupil in any computation of average daily attendance for purposes of Section 42238.

history: (History: Added by Stats. 1985, Ch. 831, Sec. 2. Effective September 19, 1985.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
Commencing with the 1992–93 academic year, each specialized secondary school operated pursuant to Section 58801.6 shall annually evaluate the success of its program as follows:

(a) The program shall be deemed successful if it meets all of the following:

(1) Eighty percent of the pupils participating in the program pursue either postsecondary education or additional professional training in their chosen fields of study after graduation from high school.

(2) Eighty percent of the pupils that remain in the program complete their high school education.

(b) The program shall also be evaluated based on an assessment of other factors including, but not limited to, the following:

(1) Increased pupil, parent, community, professional and business community, and school employee satisfaction with pupil learning, school organization, and school governance and management.

(2) Counseling and other support services that enhance the program and the success of the pupils.

(3) Improvement in the academic performance of pupils as measured by grade point average or other appropriate standards of achievement.

history: (History: Amended by Stats. 1993, Ch. 1296, Sec. 32. Effective October 11, 1993.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) The Superintendent of Public Instruction may enter into an interagency agreement with a consortium of two or more school districts to establish an academy of visual and performing arts to operate specialized secondary school programs in visual and performing arts that are conducted outside the regular schoolday, subject to this chapter.

(b) The governing boards of any two or more school districts or county offices of education may enter into the consortium described in subdivision (a). The academy established by this section shall be governed, subject to the interagency agreement provided for by subdivision (a), by a five-member governing board which shall be made up of 3 members representing the consortium who shall be superintendents or their designees of school districts or county offices of education with the largest student participation; and two members appointed by the Foundation for the Academy of Performing and Visual Arts. The authority of the board to operate the academy shall include, but not be limited to, the following:

(1) The appointment of a director to develop and administer the academy and the specialized secondary school programs operated by the academy.

(2) The execution of an agreement with any urban campus of a college or university with a means for assisting in the development of similar programs at other campuses or universities on a statewide basis, for the use of the educational resources of that campus for the purposes of this section.

(3) Responsibility over the fiscal accountability of the academy.

(c) For the purposes of subdivision (e) of Section 46300, the off-campus participation, by a pupil in any of the grades 9 to 12, inclusive, in any program of visual or performing arts operated under this section may be authorized as an independent study program in accordance with Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28. In no event shall a pupil concurrently enrolled in an independent study program and in a regular comprehensive high school or junior high school generate, for the purposes of Section 46300, more than one unit of average daily attendance per school year.

history: (History: Added by Stats. 1986, Ch. 1315, Sec. 1.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: A specialized secondary school operated by a county superintendent of schools under this chapter shall be considered a school district by the Superintendent of Public Instruction for purposes of receiving funds pursuant to Sections 42239 and 42239.5 of the Education Code. If a specialized secondary school counts a pupil in its summer school enrollment, the school shall notify the pupil’s school district of original attendance, and that school district shall not count that pupil in its summer school enrollment.

history: (History: Added by Stats. 1990, Ch. 448, Sec. 1. Effective July 31, 1990.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: There are two state schools for the deaf, known and designated as the California School for the Deaf, Northern California, and the California School for the Deaf, Southern California. The term “California School for the Deaf” shall refer to both schools unless the context otherwise requires.

part: 32. STATE SPECIAL SCHOOLS AND CENTERS

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 1. California Schools for the Deaf

article: 1. Administration

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 32. STATE SPECIAL SCHOOLS AND CENTERS > 1. California Schools for the Deaf > 1. Administration


text: The California School for the Deaf is part of the public school system of the state except that it derives no revenue from the State School Fund, and has for its object the education of the deaf who, because of their severe hearing loss and educational needs, cannot be provided an appropriate educational program and related services in the regular public schools.

history: (History: Amended by Stats. 1977, Ch. 1247.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
The Legislature finds and declares all of the following:

(a) It is essential for the well-being and growth of deaf and hard-of-hearing pupils that educational programs recognize the unique nature of deafness and ensure that all deaf and hard-of-hearing pupils have appropriate, ongoing, and fully accessible educational opportunities.

(b) It is essential that a deaf or hard-of-hearing pupil obtain an education in which special education teachers, psychologists, speech therapists, assessors, administrators, and other school and residential program personnel understand the unique nature of deafness and are trained to work with a deaf or hard-of-hearing pupil.

(c) It is essential that a deaf or hard-of-hearing pupil obtain an education in which his or her special education teachers are proficient in the primary language mode of that pupil.

(d) It is essential that a deaf or hard-of-hearing pupil obtain an education in which his or her parents are involved in determining the extent, content, and purpose of programs.

(e) It is essential that a deaf or hard-of-hearing pupil, like all pupils, have programs in which his or her unique vocational needs are provided for, including appropriate research, curricula, programs, staff, and outreach.

(f) Each deaf or hard-of-hearing pupil should receive an education that allows him or her to master a primary language.

history: (History: Added by Stats. 2003, Ch. 865, Sec. 1. Effective January 1, 2004.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
It is the intent of the Legislature that programs at the California School for the Deaf provide all of the following:

(a) Each pupil should be assured an education appropriate to his or her needs in publicly supported programs through completion of his or her prescribed course of study or until the time that he or she has met proficiency standards.

(b) Each pupil should have his or her educational goals, objectives, special education, and related services specified in a written individualized education program.

(c) Procedures and materials for assessment and placement of individuals with exceptional needs should be selected and administered so as not to be racially, culturally, or sexually discriminatory. No single assessment instrument should be the sole criterion for determining placement of a pupil. The procedures and materials for assessment and placement should be in the individual’s mode of communication. All assessment materials and procedures should be selected and administered pursuant to Section 56320.

(d) Psychological and health services for individuals with exceptional needs should be available to each schoolsite.

(e) Continuous evaluation of the effectiveness of these education programs should be made to ensure the highest quality educational offerings.

(f) Appropriate qualified staff should be employed, consistent with credentialing requirements, to fulfill the educational responsibilities, and positive efforts are made to employ qualified deaf and hard-of-hearing individuals.

(g) Educational and residential program personnel should be adequately prepared to provide educational instruction and services to individuals with exceptional needs in the appropriate communication mode, including American Sign Language.

(h) There should be appropriate access to information and training in American Sign Language for parents and pupils to ensure that they are able to appropriately communicate with their families.

history: (History: Added by Stats. 2003, Ch. 865, Sec. 2. Effective January 1, 2004.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
The California Schools for the Deaf are under the administration of the State Department of Education.

The Superintendent of Public Instruction, in connection with the California Schools for the Deaf, shall do all of the following:

(a) Provide educational assessments and individual educational recommendations for individuals who are referred for those services pursuant to Section 56326.

(b) Maintain a comprehensive elementary educational program, including related services, for deaf individuals.

(c) Serve as a regional secondary educational program providing a comprehensive secondary education, including a full-range academic curriculum, appropriate prevocational and vocational preparation opportunities, and nonacademic and extracurricular activities.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 50. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
The Superintendent of Public Instruction, in connection with the California Schools for the Deaf and in cooperation with public and private agencies, may do one or more of the following:

(a) Serve as a demonstration school to promote personnel development through student teaching, in-service education, internships, professional observations for special education and related services personnel in cooperation with institutions of higher education and local education agencies.

(b) Serve as a resource center to develop and disseminate special curriculum, media teaching methods, and instructional materials adapted for deaf individuals, achievement tests and other assessment methods useful to the instruction of deaf individuals.

(c) Provide counseling and information services for parents, guardians, and families of deaf individuals, and public information about deafness to community groups and other agencies.

(d) Conduct experimental programs and projects to promote improvement in special education for deaf individuals.

(e) Promote and coordinate community and continuing education opportunities for deaf individuals utilizing existing community resources.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 51. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
The State Department of Education in relation to the California Schools for the Deaf shall:

(a) Prescribe rules for the government of the schools.

(b) Appoint the superintendents and other officers and employees.

(c) Remove for cause any officer, teacher, or employee.

(d) Fix the compensation of officers, teachers, and employees.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 51.5. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text: The superintendent of the school shall have had not less than three years’ experience in the art of teaching the deaf and shall hold a credential issued by the State Board of Education authorizing him to teach in secondary schools of this state.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text: The powers and duties of the superintendents of the schools are such as are assigned by the Superintendent of Public Instruction.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 51.7. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
The Superintendent of Public Instruction may authorize the California Schools for the Deaf to establish and maintain teacher training courses designed to prepare teachers of the public schools and such other persons holding a credential issued by the State Board of Education as are recommended by the president of a campus of the California State University, to give instruction to the deaf and the hard of hearing. The Superintendent of Public Instruction shall prescribe standards for the admission of persons to the courses, and for the content of the courses.

The California Schools for the Deaf may enter into agreements with the Trustees of the California State University, the University of California, or any other university or college accredited by the State Board of Education as a teacher training educational institution, to provide practice teaching required for issuance of the credential authorizing the holder to teach the deaf and severely hard of hearing. The agreement may provide a reasonable payment, for services rendered, to teachers of the California Schools for the Deaf who have practice teachers under their direction.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 52. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text: The State Department of Education may employ any person, otherwise qualified, who has retired for service under either the Public Employees’ Retirement System or the State Teachers’ Retirement System as a substitute in a position requiring certification qualifications at the California Schools for the Deaf, except that the total of that service and any service rendered pursuant to Section 23919 shall not exceed 90 teaching days in any one fiscal year.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 52.5. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
(a) The Department of Human Resources shall consider making salaries for teachers, specialists, and administrators of the California School for the Deaf competitive with the salaries of similarly qualified school teachers, specialists, and administrators who are employed by the encompassing school districts.

(b) For purposes of this section, “teachers,” “teacher specialists,” and “administrators” mean those individuals who hold the appropriate teaching, service, or teaching and administrative credential, as appropriate, as issued by the Commission on Teacher Credentialing, as determined by the employing state agency.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 10. (SB 1308) Effective January 1, 2013.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
(a) The department may require employees, prospective employees, volunteers, contractors, and subcontractors for the California School for the Deaf, as defined in Section 59000, to undergo a fingerprint-based state and national criminal history background check.

(b) The department shall electronically submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

history: (History: Added by Stats. 2025, Ch. 113, Sec. 23. (SB 160) Effective September 17, 2025.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
Every deaf person between the ages of 3 and 21 years, who is a resident of the state and who meets the criteria set forth in this section, is entitled to an education in the California School for the Deaf free of charge.

Priority in admission to the California School for the Deaf shall be given to elementary age deaf minors residing in sparsely populated regions and to secondary age deaf minors in need of a high school program, for whom appropriate comprehensive educational facilities and services are not available or cannot be reasonably provided by their local school districts or county educational agencies.

The criteria of admission to California Schools for the Deaf and Blind shall be administratively determined by the Superintendent of Public Instruction.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Pupils

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 32. STATE SPECIAL SCHOOLS AND CENTERS > 1. California Schools for the Deaf > 2. Pupils


text: If the parent or guardian of any pupil in the school is unable either himself or from the estate of the child to clothe the child, or pay for its transportation to and from school, or for necessary dental work, eye care, operations, and hospitalization of the child while at the school, or is unable either himself or from the estate of the child to reimburse the Department of Education for expenses incurred by it in providing dental work, eye care, operations, or hospitalization for the child in an emergency, the parent or guardian may apply for a certificate to that effect to the superior court of the county of which the parent or guardian of the child is a resident. If the court is satisfied that the parent or guardian either himself or from the estate of the child is unable to pay for any such service, it shall issue a certificate to that effect. The application for the certificate may also be made to the court by the superintendent of the school.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Pupils


text: If it appears to the satisfaction of the court that the parent or guardian has sufficient pecuniary ability or that there are sufficient funds in the estate of the child to provide the service for the child or to reimburse the Department of Education for expenses incurred by it in providing the service for the child in an emergency, the court shall not issue the certificate, but shall, according to the nature of the application before it, either order the superintendent to provide the child with the service or order the parent or guardian either himself or from the estate of the child, as the court determines, to reimburse the Department of Education for expenses incurred by it in providing the service for the child in an emergency.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Pupils


text: If the Department of Education is not reimbursed by the parent or guardian personally or from the estate of the child for expenditures made by the superintendent under the order of the court or if the parent or guardian does not comply with an order of the court to reimburse the Department of Education either personally or from the estate of the child for expenses incurred by it in providing the service for the child in an emergency, the superintendent may sue the parent or guardian, in the name of the state, to recover any money paid out by order of the court or due the Department of Education as reimbursement under an order of the court.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Pupils


text: All money expended under the authority of any such certificate for clothing and transportation, necessary dental work, eye care, operations, and hospitalization, and all money expended by the Department of Education for expenses incurred by it in providing dental work, eye care, operations, or hospitalization for the child in an emergency for which the Department of Education cannot be reimbursed by the parent or guardian of the child as shown by the certificate, constitutes a legal charge against the county from which the certificate is issued. Expenditures for clothing and transportation shall not exceed the sum of three hundred eighty-five dollars ($385) for the 1974–75 school year, and an amount thereafter which shall be adjusted annually in conformance with the Consumer Price Index, all items, of the Bureau of Labor Statistics of the United States Department of Labor, measured for the calendar year next preceding the fiscal year to which it applies. The State Controller shall determine the amount authorized pursuant to this section for the 1975–76 school year and thereafter.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Pupils


text: The certificate shall be presented to the superintendent of the school. When the certificate shows that the parent or guardian of the child is unable either himself or from the estate of the child to clothe the child, or pay for his transportation to and from school, or for necessary dental work, eye care, operations, and hospitalization of the child while in school, the superintendent shall clothe the child and provide the transportation, necessary dental work, eye care, operations, and hospitalization. The expense of the services, or any of them, shall be advanced by the Department of Education out of money appropriated for the support of the school.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Pupils


text: Upon presentation to the county in which the certificate is issued, of an itemized claim, duly sworn to by the superintendent of the school before an officer authorized to administer oaths, for the expense for clothing, transportation, and other items provided and furnished under the authority of the certificate, or for the reimbursement of the Department of Education, the claim shall be processed and paid pursuant to the provisions of Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code. The amount paid and all reimbursements of the Department of Education under this section shall be credited to the current appropriation for the support and maintenance of the school.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Pupils


text: All pupils in the school shall be maintained at the expense of the state, except as provided in Sections 59021, 59023 to 59028, inclusive, 59030, and 59031.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Pupils


text:
The governing board of each school district of residence shall, from the general fund of the school district, pay for the transportation cost of each pupil of the district in attendance at the California School for the Deaf as a day-class pupil.

For determining the school district responsible under the provisions of this section for making the payment when the pupils reside in other than a unified school district, pupils 15 years of age or older as of September 1 of each fiscal year shall be considered residents of the high school district, and pupils 14 years of age or under as of September 1 shall be considered residents of the elementary district.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Pupils


text:
The Superintendent of Public Instruction shall allow to the California Schools for the Deaf, an amount not to exceed three hundred eighty-nine dollars ($389) per fiscal year per unit of average daily attendance of each deaf pupil attending one of the schools as a five-day residential pupil for the purpose of providing transportation to and from the pupil’s home on weekends and school holiday periods. In no case shall the total apportionment made to the schools exceed the actual total transportation expenditures of the schools.

The administrators of such schools shall arrange for transportation of such pupils utilizing the most practical means including, but not limited to, commercial bus, rail, or air, charter bus or private passenger vehicle.

history: (History: Added by Stats. 1977, Ch. 1249.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Pupils


text: Deaf persons not residents of this state may be admitted to the benefits of the school upon paying to the Department of Education the school year cost for the maintenance, care, and instruction of persons at the school, payable quarterly in advance. The cost of the care, maintenance, and instruction shall be determined by the Department of Education with the approval of the Department of Finance.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Pupils


text: The Department of Education, in connection with the California School for the Deaf, may establish and maintain a preschool and kindergarten service for the care and teaching of children under school age. The department shall prescribe the rules and regulations which shall govern the conduct of the preschool and kindergarten service, appoint such teachers as it determines necessary, and fix their salaries.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Services

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 32. STATE SPECIAL SCHOOLS AND CENTERS > 1. California Schools for the Deaf > 3. Services


text: The Department of Education, in connection with the California School for the Deaf, may offer courses of instruction to parents of a deaf child to assist and instruct the parents in the early care and training of such child, to train the child in play, and to do everything which will assure the child’s physical, mental and social adjustment to its environment.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Services


text: The Superintendent of Public Instruction may authorize the California School for the Deaf to establish and maintain a testing center for deaf and hard-of-hearing minors. It shall be the purpose of this center to test hearing acuity and to give such other tests as may be necessary for advising parents and school authorities concerning an appropriate educational program for the child.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Services


text: Nothing in this article and no rule or regulation established thereunder shall authorize the compulsory physical examination or medical treatment of any child or minor if the parent or guardian objects on the ground that such examination or treatment is contrary to the religious beliefs of such parent or guardian.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Services


text: The Department of Education, in connection with the California School for the Deaf which maintains automobile driver training courses, may purchase from available funds public liability, property damage, collision, fire, theft, and comprehensive automobile insurance for motor vehicles, whether owned by private parties or such school for the deaf, used in connection with such courses.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Services


text: The Superintendent of Public Instruction, in conjunction with the California Schools for the Deaf, shall provide assessment and instructional planning services for individuals who are referred for those services pursuant to Section 56326.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 52.7. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Services


text: Notwithstanding Sections 59051, 59052, 59053, and 59054, the California School for the Deaf may not use the American Sign Language Proficiency Interview (ASLPI) or an alternative test selected by the American Sign Language Competency Evaluation Committee of the California School for the Deaf for the purposes specified in this article unless it is first determined that the test is a valid and reliable test for employment purposes.

history: (History: Added by Stats. 2003, Ch. 865, Sec. 3. Effective January 1, 2004.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Employment Qualifications

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 32. STATE SPECIAL SCHOOLS AND CENTERS > 1. California Schools for the Deaf > 4. Employment Qualifications


text: During the 2004–05, 2005–06, and 2006–07 school years, for purposes of hiring a certificated individual to instruct deaf pupils, preference shall first be given to a candidate who achieves a minimum score of 4 on the American Sign Language Proficiency Interview (ASLPI) or an equivalent score on an alternate test selected by the American Sign Language Competency Evaluation Committee of the California School for the Deaf that assesses American Sign Language linguistic competency.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Employment Qualifications


text:
(a) Commencing with the 2004-05 school year, an individual may not be hired as a certificated employee to instruct deaf pupils unless the individual achieves a minimum score of 2.5 on the American Sign Language Proficiency Interview (ASLPI) or an equivalent score on an alternate test selected by the American Sign Language Competency Evaluation Committee of the California School for the Deaf that assesses American Sign Language linguistic competency.

(b) Commencing with the 2005-06 school year, an individual may not be hired as a certificated employee to instruct deaf pupils unless the individual achieves a minimum score of 3 on the ASLPI or an equivalent score on an alternate test, as described in subdivision (a).

(c) Commencing with the 2006-07 school year, an individual may not be hired as a certificated employee to instruct deaf pupils unless the individual achieves a minimum score of 3.5 on the ASLPI or an equivalent score on an alternate test, as described in subdivision (a).

(d) The minimum score requirements specified in subdivisions (a) to (c), inclusive, may be waived by the superintendent of the school if he or she certifies that no candidate who meets those requirements and all other selection criteria has applied to instruct deaf pupils and open positions remain.

history: (History: Amended by Stats. 2005, Ch. 22, Sec. 51. Effective January 1, 2006.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Employment Qualifications


text:
(a) Commencing with the 2004–05 school year, and every three years thereafter, a certificated employee who instructs deaf pupils and who has not achieved a minimum score of 4 on the American Sign Language Proficiency Interview (ASLPI) or an equivalent score on an alternate test selected by the American Sign Language Competency Evaluation Committee of the California School for the Deaf that assesses American Sign Language linguistic competency, shall retake one of those assessments.

(b) A certificated employee who instructs deaf pupils and who does not achieve a minimum score of 4 on the ASLPI or an equivalent score on an alternate test, as described in subdivision (a), may not be subject to discipline. The certificated employee shall be encouraged to study until that score is achieved.

(c) Any fee imposed to take the ASLPI or an alternate test, as described in subdivision (a), shall be paid by the certificated employee. If the certificated employee receives a minimum score of 4 on the ASLPI or an equivalent score on the alternate test, the California School for the Deaf shall reimburse the certificated employee for that fee.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Employment Qualifications


text:
(a) For purposes of hiring an individual to serve as a substitute teacher, preference shall be given as follows:

(1) First, to a candidate who achieves a minimum score of 4 on the American Sign Language Proficiency Interview (ASLPI) or an equivalent score on an alternate test selected by the American Sign Language Competency Evaluation Committee of the California School for the Deaf that assesses American Sign Language linguistic competency.

(2) Second, to a candidate who achieves a minimum score of 3 on the ASLPI or an equivalent score on an alternate test, as described in paragraph (1).

(3) Third, to a candidate who achieves a minimum score of 2.5 on the ASLPI or an equivalent score on an alternate test, as described in paragraph (1).

(b) Except as provided in subdivision (c), a candidate who fails to achieve a score of at least 2.5 on the ASLPI or who fails to achieve an equivalent score on an alternate test, as described in paragraph (1), may not be hired as a substitute teacher.

(c) The superintendent of the school may waive the requirements of subdivision (b) if no candidate for the substitute teacher position has achieved the minimum score required by subdivision (b) and there is an immediate need to fill an open position.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Employment Qualifications


text: There is one state school for the blind, known and designated as the California School for the Blind.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 2. California School for the Blind

article: 1. Administration

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 32. STATE SPECIAL SCHOOLS AND CENTERS > 2. California School for the Blind > 1. Administration


text: The California School for the Blind is a part of the public school system of the state except that it derives no revenue from the State School Fund, and has for its object the education of visually impaired, blind, and deaf-blind pupils who, because of their severe sensory loss and educational needs, cannot be provided an appropriate educational program and related services in the regular public schools.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 53. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
The California School for the Blind is under the administration of the State Department of Education.

The Superintendent of Public Instruction, in connection with the California School for the Blind, shall do all of the following:

(a) Provide educational assessments and individual educational recommendations for individuals referred for those services pursuant to Section 56326.

(b) Maintain a comprehensive elementary and secondary educational program, including related services and nonacademic and extracurricular activities for visually impaired, blind, and deaf-blind individuals.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 54. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
The Superintendent of Public Instruction, in connection with the California School for the Blind and in cooperation with public and private agencies, may:

(a) Serve as a demonstration school to promote personnel development through student teaching, in-service education, internships, and professional observations for special education and related services personnel, in cooperation with institutions of higher education and local education agencies.

(b) Serve as a resource center to develop and disseminate special curriculum, media, teaching methods and instructional materials adapted for visually impaired, blind, and deaf-blind individuals, achievement tests, and other assessment methods useful to the instruction of visually impaired, blind, and deaf-blind individuals.

(c) Provide counseling and information services to parents, guardians, and families of visually impaired, blind, or deaf-blind individuals, and public information about sensory losses to community groups and other agencies.

(d) Conduct experimental programs and projects to promote improvement in special education for visually impaired, blind, and deaf-blind individuals.

(e) Promote community and continuing education opportunities for visually impaired, blind, and deaf-blind individuals utilizing existing community resources.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 55. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
The Department of Education in relation to the California School for the Blind shall:

(a) Prescribe rules for the government of the school.

(b) Appoint the superintendent and other officers and employees.

(c) Remove for cause any officer, teacher, or employee.

(d) Fix the compensation of officers, teachers, and employees.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
(a) The Department of Human Resources shall consider making salaries for teachers, specialists, and administrators of the California School for the Blind competitive with the salaries of similarly qualified school teachers, specialists, and administrators who are employed by the encompassing school districts.

(b) For purposes of this section, “teachers,” “teacher specialists,” and “administrators” mean those individuals who hold the appropriate teaching, service, or teaching and administrative credential, as appropriate, as issued by the Commission on Teacher Credentialing, as determined by the employing state agency.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 11. (SB 1308) Effective January 1, 2013.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
(a) The department may require employees, prospective employees, volunteers, contractors, and subcontractors for the California School for the Blind, as defined in Section 59100, to undergo a fingerprint-based state and national criminal history background check.

(b) The department shall electronically submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

history: (History: Added by Stats. 2025, Ch. 113, Sec. 24. (SB 160) Effective September 17, 2025.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text: The superintendent of the school shall have had not less than three years’ experience in the art of teaching the blind and shall hold a credential issued by the State Board of Education authorizing him to teach in secondary schools of this state.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Teaching Force

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 32. STATE SPECIAL SCHOOLS AND CENTERS > 2. California School for the Blind > 2. Teaching Force


text: The powers and duties of the superintendent of the school are such as are assigned by the Superintendent of Public Instruction.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 56. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Teaching Force


text:
There is hereby created at the California School for the Blind the position of field worker to be appointed by the superintendent of the school with the approval of the Superintendent of Public Instruction. The field worker shall be a member of the teaching staff of the California School for the Blind and shall receive a salary fixed and payable in accordance with law.

The fieldworker shall visit graduates and former pupils of the school in their homes to advise them regarding the extension and continuance of their education, to assist them in securing remunerative employment, to improve their economic condition in all possible ways, and to provide them with preparatory instruction found necessary for a selected occupation. The fieldworker shall be a person who has had special training for such work. Blindness shall not be grounds to disqualify a person for this position.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Teaching Force


text: The Department of Education may employ any person, otherwise qualified, who has retired for service under either the Public Employees’ Retirement System or the State Teachers’ Retirement System as a substitute in a position requiring certification qualifications at the California School for the Blind; provided, that the total of such service and any service rendered pursuant to Section 23919 shall not exceed 90 teaching days in any one fiscal year.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Teaching Force


text: Every blind person resident of this state, of suitable age and capacity, is entitled to an education in the California School for the Blind free of charge.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Pupils

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 32. STATE SPECIAL SCHOOLS AND CENTERS > 2. California School for the Blind > 3. Pupils


text: All pupils in the school shall be maintained at the expense of the state, except as provided in Sections 59121, 59124 to 59128, inclusive, and 59131.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Pupils


text:
The governing board of each school district of residence shall, from the general fund of the school district, pay for the transportation cost of each pupil of the district in attendance at the California School for the Blind as a day-class pupil.

For determining the school district responsible under the provisions of this section for making the payment when the pupils reside in other than a unified school district, pupils 15 years of age or older as of September 1 of each fiscal year shall be considered residents of the high school district, and pupils 14 years of age or under as of September 1 shall be considered residents of the elementary district.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Pupils


text:
The Superintendent of Public Instruction shall allow to the California School for the Blind, an amount not to exceed three hundred eighty-nine dollars ($389) per fiscal year per unit of average daily attendance of each blind pupil attending the school as a five-day residential pupil for the purpose of providing transportation to and from the pupil’s home on weekends and school holiday periods. In no case shall the total apportionment made to the school exceed the actual total transportation expenditures of the school.

The administrators of such schools shall arrange for transportation of such pupils utilizing the most practical means including, but not limited to, commercial bus, rail, or air, charter bus or private passenger vehicle.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Pupils


text: If the parent or guardian of any pupil in the school is unable either himself or from the estate of the child to clothe the child, or pay for its transportation to and from school, or for necessary dental work, eye care, operations, and hospitalization of the child while at the school, or is unable either himself or from the estate of the child to reimburse the Department of Education for expenses incurred by it in providing dental work, eye care, operations, or hospitalization for the child in an emergency, the parent or guardian may apply for a certificate to that effect to the superior court of the county of which the parent or guardian of the child is resident. If the court is satisfied that the parent or guardian either himself or from the estate of the child is unable to pay for any such service, it shall issue a certificate to that effect. The application for the certificate may also be made to the court by the superintendent of the school.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Pupils


text: The certificate shall be presented to the superintendent of the school and the superintendent when the certificate shows the parent or guardian of the child is unable either himself or from the estate of the child to clothe the child, or pay for his transportation to and from school, or for necessary dental work, eye care, operations, and hospitalization of the child while in school, shall clothe the child and provide the transportation, dental work, eye care, operations, and hospitalization. The expense of the services, or any of them, shall be advanced by the Department of Education out of money appropriated for the support of the school.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Pupils


text: All money expended under the authority of any such certificate for clothing and transportation, necessary dental work, eye care, operations and hospitalization, and all money expended by the Department of Education for expenses incurred by it in providing dental work, eye care, operations, or hospitalization for the child in an emergency for which the Department of Education cannot be reimbursed by the parent or guardian of the child as shown by the certificate, constitutes a legal charge against the county from which the certificate is issued. Expenditures for clothing and transportation shall not exceed the sum of three hundred eighty-five dollars ($385) for the 1974–75 school year, and an amount thereafter which shall be adjusted annually in conformance with the Consumer Price Index, all items, of the Bureau of Labor Statistics of the United States Department of Labor, measured for the calendar year next preceding the fiscal year to which it applies. The State Controller shall determine the amount authorized pursuant to this section for the 1975–76 school year and thereafter.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Pupils


text: Upon presentation to the county in which the certificate is issued, of an itemized claim, duly sworn to by the superintendent of the school before an officer authorized to administer oaths, for the expense for clothing, transportation, and other items provided and furnished under the authority of the certificate, or for the reimbursement of the Department of Education, the claim shall be processed and paid pursuant to the provisions of Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code. The amount paid and all reimbursements of the Department of Education under this section shall be credited to the current appropriation for the support and maintenance of the school.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Pupils


text: If it appears to the satisfaction of the court that the parent or guardian has sufficient pecuniary ability or that there are sufficient funds in the estate of the child to provide the service for the child or to reimburse the Department of Education for expenses incurred by it on providing the service for the child in an emergency, the court shall not issue the certification, but shall according to the nature of the application before it, either order the superintendent to provide the child with the service, or order the parent or guardian either himself or from the estate of the child, as the court determines, to reimburse the Department of Education for expenses incurred by it in providing the service for the child in an emergency.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Pupils


text: If the Department of Education is not reimbursed by the parent or guardian personally or from the estate of the child for expenditures made by the superintendent under the order of the court or if the parent or guardian does not comply with an order of the court to reimburse the Department of Education either personally or from the estate of the child for expenses incurred by it in providing the service for the child in an emergency the superintendent may sue the parent or guardian, in the name of the state, to recover any money paid out by order of the court or due the Department of Education as reimbursement under an order of the court.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Pupils


text: Blind persons not residents of this state may be admitted to the benefits of the school upon paying to the Department of Education the sum of the school year cost for the maintenance, care, and instruction of persons at the school, payable quarterly in advance. The cost of the care, maintenance, and instruction shall be determined by the Department of Education with the approval of the Department of Finance.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Pupils


text: The Department of Education, in connection with the California School for the Blind, shall establish and maintain a kindergarten service for the care and teaching of children under school age. The department shall prescribe the rules and regulations which shall govern the conduct of the kindergarten service, appoint such teachers as it determines necessary, and fix their salaries.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Services and Courses

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 32. STATE SPECIAL SCHOOLS AND CENTERS > 2. California School for the Blind > 4. Services and Courses


text: The Department of Education shall create the position of visiting teacher to blind children of preschool age. With the consent of the parents of any blind child of preschool age it shall be the duties of such visiting teacher to assist and instruct the parents in the early care and training of said child, to train the child in play, and to do everything which will assure the child’s physical, mental and social adjustment to its environment. The Department of Education shall maintain a sufficient number of visiting teachers to adequately serve the needs of parents of preschool blind children in accordance with the known number of such children. In any event the caseload of each visiting teacher shall not exceed a number of clients that can be adequately and fully served.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Services and Courses


text: The Department of Education, in addition to the teaching and education of the blind of suitable age, shall adopt measures and prescribe rules for the giving of vocational training to the pupils at the school, in order that they may be equipped upon their graduation to engage in occupations or industries by which they may become self-supporting. The board shall determine the nature and scope of the vocational training, with the view of best adapting the blind to follow useful and productive pursuits, after the completion of their education.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Services and Courses


text:
The Superintendent of Public Instruction may authorize the California School for the Blind to establish and maintain, either independently or in cooperation with the University of California or the Trustees of the California State University, teacher training courses for teachers of the blind. The Superintendent of Public Instruction shall establish standards for the admission of persons to the courses, and for the content of the courses.

The California School for the Blind may enter into one or more agreements with the Trustees of the California State University, the University of California, or any other university or college accredited by the State Board of Education as a teacher training educational institution, to provide practice teaching required for issuance of the credentials authorizing the holder to teach visually impaired, blind, or deaf-blind individuals, or provide orientation and mobility instruction. The agreement or agreements may provide for a reasonable payment, for services rendered, to teachers of the California School for the Blind who have practice teachers under their direction.

history: (History: Amended by Stats. 1993, Ch. 1296, Sec. 33. Effective October 11, 1993.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Services and Courses


text: The Superintendent of Public Instruction, in conjunction with the California School for the Blind, shall provide assessment and instructional planning services for individuals who are referred for those services pursuant to Section 56326.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 58. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Services and Courses


text: Students attending the California School for the Deaf, Northern California, California School for the Deaf, Southern California, and California School for the Blind shall be tested for exposure to tuberculosis at least once every two years. The results of these tests shall be provided to the director of the appropriate special school. The parent or guardian of the student shall be responsible for the cost, if any, of the test.

history: (History: Added by Stats. 2000, Ch. 93, Sec. 2. Effective July 7, 2000.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 32. STATE SPECIAL SCHOOLS AND CENTERS > 2.5. Tuberculosis Testing in Special Schools


text: There are three diagnostic centers, to be known and designated as Diagnostic Center, Northern California, Diagnostic Center, Central California, and Diagnostic Center, Southern California.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 60. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 3. Diagnostic Centers

article: 1. Administration

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 32. STATE SPECIAL SCHOOLS AND CENTERS > 3. Diagnostic Centers > 1. Administration


text: The diagnostic centers are a part of the public school system of the state, except that they derive no revenue from the State School Fund. The diagnostic centers provide services, including pupil assessment, consultation, technical assistance, and training, to school districts, county offices of education, and special education local plan areas.

history: (History: Amended by Stats. 2002, Ch. 1168, Sec. 60. Effective September 30, 2002.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text: The centers are under the administration of the Superintendent of Public Instruction.

history: (History: Amended by Stats. 1992, Ch. 759, Sec. 62. Effective September 21, 1992.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
The Superintendent of Public Instruction, in relation to the diagnostic centers, shall do all of the following:

(a) Prescribe rules for the government of the centers.

(b) Appoint the directors of the centers and other officers and employees.

(c) Remove for cause any officer, teacher, or employee.

history: (History: Amended by Stats. 2002, Ch. 1168, Sec. 61. Effective September 30, 2002.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
The Superintendent of Public Instruction, in connection with the diagnostic centers and in cooperation with public and private agencies, may:

(a) Conduct projects designed to meet needs of those categories of disabled children selected by the Superintendent of Public Instruction.

(b) Serve as a demonstration program to promote personnel development through in-service education, internships, and professional observations for education personnel, in cooperation with institutions of higher education and local education agencies.

history: (History: Amended by Stats. 2002, Ch. 1168, Sec. 63. Effective September 30, 2002.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
(a) The Department of Human Resources shall consider making salaries for teachers, specialists, and administrators of the Diagnostic Center, Southern California, the Diagnostic Center, Central California, and the Diagnostic Center, Northern California, competitive with the salaries of similarly qualified school teachers, specialists, and administrators who are employed by the encompassing school districts.

(b) For purposes of this section, “teachers,” “teacher specialists,” and “administrators” mean those individuals who hold the appropriate teaching, service, or teaching and administrative credential, as appropriate, as issued by the Commission on Teacher Credentialing, as determined by the employing state agency.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 12. (SB 1308) Effective January 1, 2013.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text:
(a) The department may require employees, prospective employees, volunteers, contractors, and subcontractors for the diagnostic centers, as defined in Section 59200, to undergo a fingerprint-based state and national criminal history background check.

(b) The department shall electronically submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state-and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

history: (History: Added by Stats. 2025, Ch. 113, Sec. 25. (SB 160) Effective September 17, 2025.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Administration


text: The powers and duties of the directors of the diagnostic centers are such as are assigned by the Superintendent of Public Instruction.

history: (History: Amended by Stats. 2002, Ch. 1168, Sec. 64. Effective September 30, 2002.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Teaching Force

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 32. STATE SPECIAL SCHOOLS AND CENTERS > 3. Diagnostic Centers > 2. Teaching Force


text: Pupils residing within California shall be accepted by a diagnostic center pursuant to criteria adopted by the Superintendent of Public Instruction.

history: (History: Repealed and added by Stats. 2002, Ch. 1168, Sec. 67. Effective September 30, 2002.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Pupils

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 32. STATE SPECIAL SCHOOLS AND CENTERS > 3. Diagnostic Centers > 3. Pupils


text: Notwithstanding any provision of this part to the contrary, the district of residence of the parent or guardian of any pupil attending a state-operated school pursuant to this part, excluding day pupils, shall pay the school of attendance for each pupil an amount equal to 10 percent of the excess annual cost of education of pupils attending a state-operated school pursuant to this part.

history: (History: Amended by Stats. 1981, Ch. 1093, Sec. 18.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 4. Finance

article: 1. Local Contribution

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 32. STATE SPECIAL SCHOOLS AND CENTERS > 4. Finance > 1. Local Contribution