text:
(a) It is the intent of the Legislature that communities implementing new programs or initiatives connect with existing program strategies and build upon existing local collaboratives, when possible, to provide a unified integrated system of service for children and families.

(b) No application for participation in the Cal-SAFE program is complete unless each county superintendent of schools, in conjunction with superintendents of school districts, the Adolescent Family Life Program, the Cal-Learn program, the local child care and development planning council as defined by Section 8499.5, and, as appropriate, other existing organizations such as Healthy Start and local job training councils, have developed a county service coordination plan for providing educational and related support services to pregnant and parenting teens and their children.

(c) The county service coordination plan shall include, at a minimum, all of the following information:

(1) Incidence of live births to teen mothers by a method to be determined by the State Department of Education.

(2) Incidence of pregnant and parenting pupils receiving welfare aid by a method to be determined by the State Department of Education.

(3) Incidence of low birth weight children born to teen mothers by a method to be determined by the State Department of Education.

(4) Educational alternatives for pregnant and parenting teens.

(5) Child care and development resources for the children of teen parents.

(6) Public and private resources providing support services necessary for pregnant and parenting teens to achieve academically.

(7) Gaps and overlaps in educational and support services for pregnant and parenting pupils and their children.

(8) Proposed strategies to address identified gaps and overlaps in services.

(d) The county service coordination plan shall be submitted to the State Department of Education no later than June 1, 2000.

(e) If the county service coordination plan is not submitted to the State Department of Education by June 1, 2000, a local education agency may only operate a Cal-SAFE program on an interim basis until January 1, 2001.

(f) The county superintendent of schools, in conjunction with superintendents of school districts, the Adolescent Family Life Program, the Cal-Learn program, the local child care and development planning council as defined by Section 8499.5, and, as appropriate, other existing organizations such as Healthy Start and local job training councils, shall annually review the county service coordination plan, update the plan as needed, disseminate the revised plan to superintendents of school districts within its jurisdiction, and submit a copy of the revised plan to the State Department of Education.

history: (History: Amended by Stats. 2000, Ch. 71, Sec. 20. Effective July 5, 2000.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


kind: section

code: EDC

text:
(a) In the administration of the Cal-SAFE program, the following provisions apply:

(1) Participation by a school district or county superintendent of schools in the Cal-SAFE program is voluntary.

(2) The governing board of a school district or county superintendent of schools may submit an application to the State Department of Education in the manner, form, and by the date specified by the department to establish and maintain a Cal-SAFE program.

(3) A school district or county superintendent of schools approved to implement the Cal-SAFE program shall be funded as one program to be operated at one or multiple sites depending upon the need within the service area.

(4) Notwithstanding any other law, a school district or county superintendent of schools operating, by October 1, 1999, a School Age Parent and Infant Development Program pursuant to Article 17 (commencing with Section 8390) of Chapter 2 of Part 6, a Pregnant Minors Program pursuant to Chapter 6 (commencing with Section 8900) of Part 6 and Section 2551.3, or a Pregnant and Lactating Students Program pursuant to Sections 49553 and 49559, as those provisions existed prior to January 1, 1999, or any combination thereof, that chooses to participate in the Cal-SAFE program shall have priority for Cal-SAFE program funding for an amount up to the dollar amount provided to each school district or county superintendent of schools under those provisions in the fiscal year prior to participation in the Cal-SAFE program, provided that an application is submitted and approved.

(5) If a school district or county superintendent of schools operating a School Age Parent and Infant Development Program, a Pregnant Minors Program, or a Pregnant and Lactating Students Program, or any combination thereof, chooses not to participate in the Cal-SAFE program, it is the intent of the Legislature that the funding it would have received for the operation of those programs shall be redirected to the Cal-SAFE program and the school district or county superintendent of schools may apply in a subsequent school year to operate a Cal-SAFE program.

(6) A school district or county superintendent of schools that terminates its Cal-SAFE program may reapply to establish a Cal-SAFE program.

(7) In order to continue implementation of the Cal-SAFE program beyond the initial three years of funding, each funded agency shall be reviewed by the department to determine progress towards achieving the goals set forth in Section 54742. Thereafter, funded agencies shall be reviewed and reauthorized every five years based upon a process determined by the department to continue implementation of a Cal-SAFE program.

(b) All of the following requirements apply to an application for the Cal-SAFE program:

(1) The governing board of a participating local education agency shall adopt a policy or resolution declaring its commitment to provide a comprehensive, continuous, community-linked program for expectant and parenting pupils and their children that reflects the cultural and linguistic diversity of the community.

(2) The local education agency shall provide assurance for participation in the development of the County Service Coordination Plan as described in Section 54744.

(3) A school district or county superintendent of schools shall agree to participate in the data collection and evaluation of the Cal-SAFE program.

(c) To implement a Cal-SAFE program, the funded school district, or county superintendent of schools shall meet all of the following criteria:

(1) Be in compliance with the regulations adopted pursuant to Title IX of the Education Amendments of 1972.

(2) Ensure that enrolled pupils retain their right to participate in any comprehensive school or educational alternative programs in which they could otherwise enroll. School placement and instructional strategies shall be based upon the needs and styles of learning of the individual pupils. The classroom setting shall be the preferred instructional strategy unless an alternative is necessary to meet the needs of the individual parent, child, or both.

(3) Enroll pupils into the Cal-SAFE program on an open entry and open exit basis.

(4) Provide a quality education program to pupils in a supportive and accommodating learning environment with appropriate classroom strategies to ensure school access and academic credit for all work completed.

(5) Provide parenting education and life skills instruction to enrolled pupils.

(6) Make maximum utilization of available programs and facilities to serve expectant and parenting pupils and their children.

(7) Provide a quality child care and development program for the children of enrolled teen parents located on or near the schoolsite.

(8) Make maximum utilization of its local school food service program.

(9) Provide special school nutrition supplements, as defined by subdivision (b) of Section 49553, to pregnant and lactating pupils.

(10) Enter into formal partnership agreements, as necessary, with community-based organizations and other governmental agencies to assist pupils in accessing support services or to provide child care and development services.

(11) Provide staff development and community outreach in order to establish a positive learning environment and school policies supportive of expectant and parenting pupils’ academic achievement and to promote the healthy development of their children.

(12) Maintain an annual program budget and expenditure report to document that funds are expended pursuant to Section 54749.

(13) Assess no fees to enrolled pupils or their families for services provided through the Cal-SAFE program.

(14) Establish and maintain a database in the manner and form prescribed by the State Department of Education for purposes of program evaluation.

(15) Coordinate to the maximum extent possible with Cal-Learn program case managers provided pursuant to Section 11332.5 of the Welfare and Institutions Code and Adolescent Family Life Program case managers provided pursuant to Article 1 (commencing with Section 124175) of Chapter 4 of Part 2 of Division 106 of the Health and Safety Code.

history: (History: Amended by Stats. 2003, Ch. 523, Sec. 2. Effective January 1, 2004.)

division: 4. INSTRUCTION AND SERVICES

part: 29. PROGRAMS FOR DISADVANTAGED PUPILS

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 9. Miscellaneous Programs

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 29. PROGRAMS FOR DISADVANTAGED PUPILS > 9. Miscellaneous Programs > 7.1. California School Age Families Education Program


text:
(a) In meeting the goals of the program and responding to the individual needs and differences of pupils and their children to be served, the funded agency shall complete an intake procedure regarding each pupil and child upon entry into the program and periodically as needed thereafter.

(b) Based upon the information provided during the intake procedure pursuant to subdivision (a), the funded agency shall determine appropriate levels and types of services to be provided. These services may not duplicate services currently provided to the pupil by a local Adolescent Family Life Program or Cal-Learn program. In addition to an academic program that meets district standards, necessary support services for pupils shall be funded by the calculation pursuant to paragraph (1) of subdivision (a) of Section 54749. Allowable expenditures for support services are as follows:

(1) Parenting education and life skills instruction.

(2) Perinatal education and care, including childbirth preparation.

(3) Safe home-to-school transportation.

(4) Case management services.

(5) Comprehensive health education, including reproductive health care.

(6) Nutrition education, counseling, and meal supplements.

(7) School safety and violence prevention strategies targeted to expectant and parenting teens and their children.

(8) Academic support and youth development services, such as tutoring, mentoring, and community service internships.

(9) Career counseling, preemployment skills, and job training.

(10) Substance abuse prevention education, counseling, and treatment services.

(11) Mental health assessment, interventions, and referrals.

(12) Crisis intervention counseling services, including suicide prevention.

(13) Peer support groups and counseling.

(14) Family support and development services, including individual and family counseling.

(15) Child and domestic abuse prevention education, counseling, and services.

(16) Enrichment and recreational activities, as appropriate.

(17) Services that facilitate transition to postsecondary education, training, or employment.

(18) Support services for grandparents, siblings, and fathers of babies who are not enrolled in the Cal-SAFE program.

(19) Outreach activities to identify eligible pupils and to educate the community about the realities of teen pregnancy and parenting.

(c) The funded agency shall provide child care and development program services located on or near the schoolsite for the children of teen parents enrolled in the Cal-SAFE program. Program services shall be funded by the revenue generated pursuant to paragraph (4) of subdivision (a) of Section 54749.

(1) Participation in the child care and development component of the Cal-SAFE program shall be voluntary.

(2) There is no minimum age for enrollment, but the child shall be eligible for enrollment in the child care and development component until the age of five years or the child is enrolled in kindergarten, whichever occurs first, as long as the teen parent is enrolled in the Cal-SAFE program.

(3) Each child shall have a health evaluation form signed by a physician, or his or her designee, before the child is allowed on the school campus or is enrolled in the child care and development program. Health screening and immunizations shall not be required when the custodial parent annually files a written request as provided for in Section 49451 and Section 120365 of the Health and Safety Code.

(4) A developmental profile shall be maintained for each infant, toddler, and child. This development profile shall be utilized by the program staff to design a program that meets the infant’s, toddler’s, or child’s developmental needs.

(5) The arrangement of the child care site environment shall be safe, healthy, and comfortable for children and staff, easily maintained, and appropriate for meeting the developmental needs of the individual child. Child care sites shall meet the health and safety requirements specified in Chapter 1 (commencing with Section 101151) of, and Subchapter 2 (commencing with Section 101351) of, Division 12 of Title 22 of the California Code of Regulations.

(6) The child care and development component of the Cal-SAFE program shall operate pursuant to applicable sections of Chapter 2 (commencing with Section 8200) of Part 6. In addition to meeting the requirements of Section 8360, teachers shall have at least three semester units, or the equivalent number of quarter units, of coursework related to the care of infants and toddlers.

(7) The child care site shall be available as a laboratory for parenting or related courses that are offered by the funded agency with priority given to pupils enrolled in the Cal-SAFE program.

(d) In-service training for school staff on teen pregnancy and parenting-related issues may be funded from revenue generated pursuant to paragraphs (1) and (4) of subdivision (a) of Section 54749. However, use of these funds for this purpose shall supplement and, not supplant, existing resources in these areas.

(e) The database required pursuant to paragraph (14) of subdivision (c) of Section 54745 may be funded from revenue appropriated for purposes of subdivision (a) of Section 54749.

history: (History: Amended by Stats. 2002, Ch. 1168, Sec. 44. Effective September 30, 2002.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 7.1. California School Age Families Education Program


text:
(a) Local education agencies that are applying to operate a Cal-SAFE program pursuant to Section 54749 but which are not in full compliance may submit a timeline and a corrective action plan for approval by the Superintendent of Public Instruction on a case-by-case basis to extend, to no later than June 30, 2002, a waiver from implementation of the child care and development requirements set forth in paragraph (7) of subdivision (c) of Section 54745 and in subdivision (c) of Section 54746.

(b) Local education agencies that are applying to operate a Cal-SAFE program pursuant to Section 2551.3 but are not in full compliance may submit a timeline and a corrective action plan for approval by the Superintendent of Public Instruction on a case-by-case basis to extend, to no later than June 30, 2002, a waiver from implementation of the child care and development physical environment requirements pursuant to paragraph (5) of subdivision (c) of Section 54746, and as set forth in subdivision (d) of Section 101238 of, Section 101238.2 of, subdivision (a) of Section 101238.3 of, subdivisions (b) and (c) of Section 101238.4 of, subdivisions (e), (h), and (j) of Section 101239 of, and paragraph (2) of subdivision (a) of Section 101239.2 of, Title 22 of the California Code of Regulations.

(c) If the Superintendent of Public Instruction finds that a local education agency that has submitted a timeline and a corrective action plan pursuant to this section has not complied with all provisions of the corrective action plan as approved by the Superintendent of Public Instruction, the local education agency shall be ineligible for any funding pursuant to Section 2551.3 after the date of mailing of the written notification of noncompliance to the local education agency.

(d) For teachers in Cal-SAFE child care programs operated pursuant to Section 54749, the Superintendent of Public Instruction may waive the qualification requirements of paragraph (6) of subdivision (c) of Section 54746 for the 2001–02 fiscal year if the superintendent determines that the existence of compelling need is appropriately documented and the applicant is making satisfactory progress toward securing a permit issued by the Commission on Teacher Credentialing.

(e) For teachers in Cal-SAFE child care programs operated pursuant to Section 2551.3, the Superintendent of Public Instruction may waive the qualification requirements of paragraph (6) of subdivision (c) of Section 54746 until June 30, 2002, if the superintendent determines that the existence of compelling need is appropriately documented and the applicant is making satisfactory progress toward securing a permit issued by the Commission of Teacher Credentialing.

history: (History: Added by Stats. 2001, Ch. 734, Sec. 48. Effective October 11, 2001.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) A male or female pupil, 18 years of age or younger, may enroll in the Cal-SAFE program and be eligible for all services afforded to pupils enrolled if he or she is an expectant parent, the custodial parent, or the noncustodial parent taking an active role in the care and supervision of the child, and has not earned a high school diploma or its equivalent.

(b) A pupil who is an expectant parent, custodial parent, or noncustodial parent taking an active role in the care and supervision of his or her child, has not earned a high school diploma or its equivalent, and has an active special education Individualized Education Plan (IEP) shall be eligible as long as she or he has an active IEP and meets the eligibility criteria as specified in paragraph (4) of subdivision (c) of Section 56026, and shall continue to receive services identified in the IEP while enrolled in the Cal-SAFE program.

(c) Pupils shall be eligible for enrollment on a voluntary basis for as long as they meet eligibility criteria specified in subdivisions (a) and (b) until they earn a high school diploma or its equivalent.

(d) A pupil may not be denied initial or continuous enrollment in the Cal-SAFE program for any of the following reasons:

(1) The pupil has had multiple pregnancies.

(2) The pupil has more than one child.

(3) The pupil’s eligibility status changed from expectant to parenting.

(e) If an enrolled 18-year-old pupil reaches age 19 without earning a high school diploma or its equivalent, the pupil may be enrolled for one additional semester if the pupil has been continuously enrolled in the Cal-SAFE program since before his or her 19th birthday.

(f) Pupils receiving services under Article 3.5 (commencing with Section 11331) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code are eligible for services under this chapter. Child care provided under this article shall be the primary source of child care for these recipients when participating in a Cal-SAFE program operated by school districts or county superintendents of schools.

history: (History: Amended by Stats. 2002, Ch. 1168, Sec. 45. Effective September 30, 2002.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
The duties of the State Department of Education include all of the following:

(a) Provision of technical assistance, focused upon transition into the Cal-SAFE program, to school districts and county superintendents of schools currently operating a School Age Parent and Infant Development Program, a Pregnant Minors Program, or a Pregnant and Lactating Students Program, or any combination thereof.

(b) Provision of technical assistance to school districts and county superintendents of schools that do not currently operate a School Age Parent and Infant Development Program, a Pregnant Minors Program, or a Pregnant and Lactating Students Program as defined by subdivision (a) of Section 54745.

(c) Identification and sharing of information on best practices across program sites.

(d) Development of benchmarks to determine to what degree pupils and children enrolled in the Cal-SAFE program attain the program goals.

(e) Consultation with local education agency representatives and others, as appropriate, to develop strategies for implementation of the Cal-SAFE program.

(f) Determination of areas in the state where there are pupils who are most in need or pupils who are least likely to access services on their own if there are not enough resources to serve all eligible pupils.

(g) Development of an application process and approval of local education agencies to implement a Cal-SAFE program.

(h) Development of operating guidelines for implementing an effective Cal-SAFE program.

(i) Development of guidelines for fiscal reporting.

(j) Coordination with other state agencies that administer teen pregnancy prevention and intervention programs.

(k) Development of procedures to conduct program evaluation and monitoring, as appropriate.

(l) Commencing March 1, 2005, and every five years thereafter, preparation and submission of a report to the Joint Legislative Budget Committee and appropriate policy and fiscal committees of the Legislature. The report shall include data, analysis of data, and an evaluation of the Cal-SAFE program.

history: (History: Amended by Stats. 2000, Ch. 71, Sec. 24. Effective July 5, 2000.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) For the 2000-01 fiscal year and each fiscal year thereafter, a school district or county superintendent of schools participating in Cal-SAFE is eligible for state funding from funds appropriated for services provided for the purposes of the program as follows:

(1) A support services allowance of two thousand two hundred thirty-seven dollars ($2,237) for each unit of average daily attendance generated by each pupil who has completed the intake process pursuant to subdivision (a) of Section 54746 and is receiving services pursuant to subdivision (b) of Section 54746. This allowance shall be adjusted annually by the inflation factor set forth in subdivision (b) of Section 42238.1. In no event shall more than one support service allowance be generated by any pupil concurrently enrolled in more than one educational program.

(A) A support services allowance may not be claimed for units of average daily attendance reported pursuant to the following:

(i) Subdivision (b) of Section 1982 for pupils attending county community schools operated pursuant to Chapter 6.5 of Part 2 (commencing with Section 1980).

(ii) Pupils attending juvenile court schools operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27.

(iii) Pupils attending community day schools operated pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27.

(iv) Pupils attending a county operated Cal-SAFE program pursuant to this article whose attendance is reported pursuant to Section 2551.3.

(B) A support services allowance may not be used to supplant average daily attendance and revenue limit funding provided pursuant to paragraph (2) for the support of educational programs that Cal-SAFE program pupils attend.

(2) Average daily attendance and revenue limit funding for pupils receiving services in the Cal-SAFE program shall be computed pursuant to provisions and regulations applicable to the educational program or programs that each pupil attends, except as provided in paragraph (3).

(3) For attendance not claimed pursuant to paragraph (2), a county office of education may claim the statewide average revenue limit per unit of average daily attendance for high school districts, payable from Section A of the State School Fund, for the attendance of pupils receiving services in the Cal-SAFE program, provided that no other revenue limit funding is claimed for the same pupil and pupil attendance of no less than 240 minutes per day and is computed and maintained pursuant to Section 46300.

(4) Except as provided in subdivision (c) of Section 54749.5, operators of Cal-SAFE programs shall be reimbursed in accordance with the amount specified in subdivision (b) of Section 8265 and the amounts specified in subdivisions (a) and (b) of Section 8265.5 for each child receiving services pursuant to the Cal-SAFE program who is the child of teen parents enrolled in the Cal-SAFE program. To be eligible for funding pursuant to this paragraph, the operational days of child care and development programs are only those necessary to provide child care services to children of pupils participating in Cal-SAFE.

(5) Notwithstanding paragraph (1), pupils for whom attendance is reported pursuant to subdivision (b) of Section 1982, pupils attending juvenile court schools, and pupils attending community day schools may complete the intake process for the Cal-SAFE program and, if the intake process is completed, shall receive services pursuant to subdivision (b) of Section 54746. The children of pupils receiving services in the Cal-SAFE program pursuant to subdivision (b) of Section 54746 and attending juvenile court schools, county community schools, or community day schools are eligible for funding pursuant to paragraph (4) and no other provisions of this section.

(b) Funds allocated pursuant to paragraph (1) of subdivision (a) shall be accounted for separately and shall be expended only to provide the supportive services enumerated in subdivision (b) of Section 54746, to provide in-service training as specified in subdivision (d) of Section 54746, and for the expenditures enumerated in subdivision (d) of this section.

(c) Funds allocated pursuant to paragraph (4) of subdivision (a) shall be accounted for separately and shall be expended only to provide developmentally appropriate child care and development services pursuant to subdivision (c) of Section 54746 and staff development of child development program staff pursuant to subdivision (d) of Section 54746 for children of teen parents enrolled in the Cal-SAFE program for the purpose of promoting the children’s development comparable to age norms, access to health and preventive services, and enhanced school readiness.

(d) Funds generated pursuant to Section 2551.3, subdivision (b) of Section 54749.5, and this section shall be accounted for separately and shall be expended only to provide the services enumerated in Section 54746 and the following expenditures as defined by the California State School Accounting Manual:

(1) Expenditures defined as direct costs of instructional programs.

(2) Expenditures defined as documented direct support costs.

(3) Expenditures defined as allocated direct support costs.

(4) Expenditures for indirect charges.

(5) Expenditures defined as facility costs, including the costs of renting, leasing, lease-purchase, remodeling, or improving buildings.

(e) Indirect costs may not exceed the lesser of the approved indirect cost rate or 10 percent.

(f) Expenditures that represent contract payments to community-based organizations and other governmental agencies pursuant to paragraph (10) of subdivision (b) of Section 54745 for the operation of a Cal-SAFE program shall be included in the Cal-SAFE program account.

(g) To the extent permitted by federal law, any funding made available to a school district or county superintendent of schools is subject to all of the following conditions:

(1) The program is open to all eligible pupils without regard to any pupil’s religious beliefs or any other factor related to religion.

(2) No religious instruction is included in the program.

(3) The space where the program is operated is not used in any manner to foster religion during the time used for operation of the program.

(h) A school district or county superintendent of schools implementing a Cal-SAFE program may establish a claims process to recover federal funds available for any services provided that are Medi-Cal eligible.

(i) For purposes of serving pupils enrolled in the Cal-SAFE program in a summer school program or enrolled in a school program operating more than 180 days, eligibility for child care services pursuant to subdivision (c) of Section 54746 shall be determined by the parent’s hours of enrollment and shall be for only those hours necessary to further the completion of the parent’s educational program.

(j) To meet startup costs for the opening of child care and development sites, as defined in subdivision (ab) of Section 8208, and applicable regulations, a school district or county office of education may apply for a one-time 15-percent service level exemption within the amount appropriated in the annual Budget Act for the purposes of paragraph (4) of subdivision (a) for each site meeting the criteria set forth in subdivision (ab) of Section 8208. To the extent that Budget Act funding is insufficient to cover the full costs of Cal-SAFE child care, reimbursements to all participating programs shall be reduced on a pro rata basis. A school district or county office of education shall submit claims pursuant to this subdivision with other claims submitted pursuant to this section. Funding provided for startup costs shall be utilized for approvable startup costs enumerated in subdivision (a) of Section 8275.

(k) To meet costs for the renovation, repair, or improvement of an existing building to make the building suitable for licensure for child care and development services and for the purchase of new relocatable child care facilities for lease to school districts and contracting agencies that provide child care and development services, a school district or county office of education that provides child care pursuant to this article may apply for and receive funding pursuant to Section 8278.3.

(l) Notwithstanding any other provision of this article, the implementation of this article is contingent upon appropriations in the annual Budget Act for the purpose of its administration and evaluation by the department.

(m) Notwithstanding any other law, a charter school may apply for funding pursuant to this article and shall meet the requirements of this article to be eligible for funding pursuant to this section.

history: (History: Amended by Stats. 2005, Ch. 677, Sec. 44. Effective October 7, 2005.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) County superintendents who operated pregnant minors programs in the 1979–80 fiscal year, or commenced operation during the 1996–97 fiscal year, shall continue to operate pregnant minors programs in the 1980–81 fiscal year, or the 1997–98 fiscal year, as appropriate, and each fiscal year thereafter, and school districts that increased their revenue limit in the 1981–82 fiscal year pursuant to subdivision (d) of Section 42241 shall continue to operate pregnant minors programs in subsequent fiscal years, unless the program is transferred to another local education agency, or unless the county superintendent or district superintendent demonstrates that programs and services for pregnant minors, such as continuation school, home instruction, or independent instruction, are available from other local education agencies in the county, pursuant to rules and regulations adopted by the Superintendent of Public Instruction.

(b) Pregnant minors programs that continue to operate pursuant to subdivision (a) and that continue to operate as Cal-SAFE programs may continue to claim funding pursuant to Section 2551.3 for an amount of average daily attendance up to the amount certified at the 1998–99 annual apportionment for that program. Programs continuing under this section may enroll pupils above the level of average daily attendance certified at the 1998–99 annual apportionment, and that additional average daily attendance shall be eligible for funding pursuant to Section 54749 and provisions that apply to the educational program that the pupil attends.

(c) County offices of education that choose to retain their pregnant minor program revenue limit rather than convert to the Cal-SAFE revenue limit shall provide child care services from funds provided in their pregnant minor program revenue limit pursuant to Section 2551.3 for children of pupils comprising base year average daily attendance as certified at the 1998–99 annual apportionment. Growth funding for child care shall be equal to the proportionate share of child care funding for the specific agency’s program, determined by dividing the certified growth in pupil average daily attendance by the total certified average daily attendance.

(d) Nothing in this section shall be construed as allowing a county superintendent to receive funding pursuant to Sections 2551.3 and 54749 for the same average daily attendance, or for average daily attendance generated by the same pupil on the same calendar day.

history: (History: Amended by Stats. 2000, Ch. 1057, Sec. 8. Effective January 1, 2001. Note: Previously, this section was conditionally amended and renumbered from 8901 by Stats. 1998, Ch. 1078, and amended by Stats. 2000, Ch. 71.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) Commencing with the 2009–10 school year, when funds become available for additional partnership academies within the total number of grants available for all partnership academies pursuant to Section 54691, the Superintendent shall issue grants for the establishment of partnership academies and shall give priority to the establishment of partnership academies dedicated to educating pupils in the emerging environmentally sound technologies until no less than one green technology partnership academy has been established in each of the nine economic regions established by the state. The academies may include, but are not limited to, technologies that educate pupils in the following areas:

(1) Energy audits that include a determination of energy savings.

(2) Retrofitting and weatherization activities that increase energy efficiency and conservation.

(3) Energy-efficient and water-efficient buildings.

(4) Retrofitting and installing energy-efficient household appliances, windows, doors, insulation, and lighting.

(5) Retrofitting and installing water and energy conservation technologies in existing homes, industrial buildings, and commercial and public buildings, to improve efficiency, including the use of energy and water management technologies and control systems.

(6) The design, construction, manufacture, sale, assembly, installation, and maintenance of energy-efficient technologies and renewable energy facilities, or the component parts of renewable energy technologies.

(7) Energy-efficient technologies or practices and renewable energy production, or the component parts of renewable energy plants and energy distribution, including energy storage; energy infrastructure, including transmission; transportation, including logistics; and water and wastewater, including water conservation.

(8) Performance and low-emission vehicle technology, automotive computer systems, mass transit fleet conversion, and the servicing and maintenance of those technologies.

(9) Pollution prevention and hazardous and solid waste reduction.

(10) Ocean, soil, or water conservation, or forestation strategies to mitigate climate change impacts.

(b) (1) The selection of school districts to establish the green technology partnership academies and the planning and development of the green technology partnership academies shall be conducted pursuant to the procedures and requirements established in Section 54691 for all partnership academies. The planning grants shall be made available for academies pursuant to this article from the total number of grants established pursuant to Section 54691.

(2) In the event a school district applies to convert an existing school program to a partnership academy and meets all the criteria for a partnership academy pursuant to Section 54692 and paragraph (3), the department, in coordination with the Superintendent, may provide that academy with first-year implementation funds, as appropriate.

(3) (A) In order to be eligible for funding pursuant to this article, the coursework and internship or preapprenticeship programs of the proposed academy shall focus on the use of environmentally sound technologies and practices. The proposed academy shall demonstrate this through its efforts to obtain input from environmental industry, utilities, and professional trade organizations.

(B) Staff development opportunities also shall be included in the academy plans to ensure that teaching staff has the opportunity to be educated in the use of emerging technologies and to become familiar with new materials and current practices in the field.

(c) The priority established in this section may be satisfied when the specified number of green technology partnership academies meeting the requirements of this article are funded by any of, or a combination of, funds appropriated for the establishment of partnership academies.

history: (History: Added by Stats. 2008, Ch. 685, Sec. 2. Effective January 1, 2009.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 29. PROGRAMS FOR DISADVANTAGED PUPILS > 9. Miscellaneous Programs > 7.5. Green Technology Partnership Academies


text:
(a) Commencing with the 2009–10 school year, when funds become available for additional partnership academies within the total number of grants available for all partnership academies pursuant to Section 54691, the Superintendent shall issue grants for the establishment of partnership academies and shall give priority to the establishment of partnership academies dedicated to educating pupils in goods movement occupational areas, such as port and terminal operations, pollution prevention, performance and low-emission vehicle technology, transportation computer systems, fleet conversion, and the servicing and maintenance of those technologies, shipping, logistics, trucking, rail, air, and security, until no less than one goods movement partnership academy has been established in each of the four transportation corridors established by the state.

(b) (1) The selection of school districts to establish the goods movement partnership academies and the planning and development of the goods movement partnership academies shall be conducted pursuant to the procedures and requirements established in Section 54691 for all partnership academies. The planning grants shall be made available for academies pursuant to this article from the total number of grants established pursuant to Section 54691.

(2) In the event a school district applies to convert an existing school program to a partnership academy and meets all the criteria for a partnership academy pursuant to Section 54692 and paragraph (3), the department, in coordination with the Superintendent, may provide that academy with first-year implementation funds, as appropriate.

(3) (A) In order to be eligible for funding pursuant to this article, the coursework and internship or preapprenticeship programs of the proposed academy shall focus significant time on the use of emerging technologies and state-of-the-art equipment. The proposed academy shall demonstrate this through its efforts to obtain input from industry and professional trade organizations.

(B) Staff development opportunities also shall be included in the academy plans to ensure that teaching staff has the opportunity to be educated in the use of emerging technologies and to become familiar with new equipment and current practices in the field.

(c) The priority established in this section may be satisfied when the specified number of goods movement partnership academies meeting the requirements of this article are funded by any of, or a combination of, funds appropriated for the establishment of partnership academies.

history: (History: Added by Stats. 2008, Ch. 685, Sec. 3. Effective January 1, 2009. See same-numbered section in Article 9, as added by Stats. 1989, Ch. 82.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 29. PROGRAMS FOR DISADVANTAGED PUPILS > 9. Miscellaneous Programs > 7.7. Goods Movement Partnership Academies


text: It is the intent of the Legislature to provide equal educational opportunity for all children in California. To achieve this end, the Legislature hereby establishes supplemental grants to be allocated to school districts that are receiving less than average funding from existing state programs. It is the intent of the Legislature that supplemental grants be funded by appropriations in the Budget Act in each of the two fiscal years following the first fiscal year in which funds for these grants are appropriated.

history: (History: Added by Stats. 1989, Ch. 82, Sec. 24. Effective June 30, 1989. See same-numbered section in Article 7.7, as added by Stats. 2008, Ch. 685. Note: A similar Section 54760 in former Article 9, as added by Stats. 1989, Ch. 83, was repealed on Jan. 1, 2006, pursuant to former Section 54763.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 9. Supplemental Grants

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 29. PROGRAMS FOR DISADVANTAGED PUPILS > 9. Miscellaneous Programs > 9. Supplemental Grants


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

(a) The trend of low-income youth struggling to become proficient in reading and writing is a narrative that is passed down from era to era.

(b) According to The Literacy Project, there are currently 45 million Americans who are functionally illiterate and unable to read above a 5th grade level. In California, 25 percent of the state’s 6 million pupils are unable to perform basic reading skills.

(c) According to the organization DoSomething.org, nearly 85 percent of the juveniles who face trial in the juvenile court system are functionally illiterate, proving that there is a close relationship between illiteracy and crime.

(d) Over half of California pupils failed to meet English standards based on Spring 2017 standardized test results, a performance that remained essentially flat compared to the previous year.

(e) About 49 percent of pupils statewide met or exceeded English standards on the California Assessment of Student Performance and Progress in 2017, which is administered to public school pupils at certain grade levels each year. The same proportion of California pupils met English standards in 2016.

(f) For decades, generational illiteracy has hindered the careers, futures, and hopes of many pupils and their families.

history: (History: Added by Stats. 2018, Ch. 33, Sec. 5. (AB 1809) Effective June 27, 2018.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10. California Student Author Program

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 29. PROGRAMS FOR DISADVANTAGED PUPILS > 9. Miscellaneous Programs > 10. California Student Author Program


text:
There is hereby established the California Student Author Program to accomplish all of the following for public schoolage children from extremely low-income communities:

(a) Improve English language skills.

(b) Improve academic performance.

(c) Build healthy relationships with the community.

(d) Equip participants with critical life skills.

(e) Promote positive life choices.

(f) Increase literacy, reading, and writing among program participants.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 74. (AB 991) Effective January 1, 2020.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10. California Student Author Program


text:
(a) Any organization that is a grant recipient pursuant to Section 54804 shall implement the literacy program described in this section in the 2019–20 and 2020–21 school years.

(b) A grant recipient shall provide the literacy program described in this section to public schoolage children who are eligible for free and reduced cost lunch.

(c) A grant recipient shall establish a student author program to provide the participants an opportunity to write, edit, and promote a short story or other forms of literature. A grant recipient should provide regular, sequential student author workshops that parallel or complement school calendars, such as quarterly, semester, or summer and vacation-intensive programs that include, but are not limited to, the following components:

(1) Writing and editing, including instruction in the skills necessary for creative writing.

(2) Publishing an anthology.

(3) Marketing, media, and community relations, including instruction in book brand development and entrepreneurship.

(4) Individual and group presentations.

(5) Community-based book signing events.

(d) Grant recipients are expected to implement programming that does all of the following:

(1) Fosters critical thinking in student authors.

(2) Teaches students to practice effective problem solving.

(3) Instructs students on creating an outline for their writing project.

(4) Teaches students to develop promotional and advertising tools.

(5) Provides students with an understanding of how to create a literary character and an engaging plot.

(e) A grant recipient shall collect and provide to the California State Library, on a reporting schedule set by the California State Library, any information sought by the library, including achieving the outcomes listed in Section 54801 and the reporting data described in Section 54803.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 75. (AB 991) Effective January 1, 2020.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10. California Student Author Program


text:
(a) Not later than January 1, 2022, the California State Library shall report to the Legislature on the outcomes of the California Student Author Program. The report shall include, but is not limited to, all of the following information:

(1) The extent to which the project accomplished the outcomes described in Section 54801.

(2) Demographic data about program participants, disaggregated by race, gender, foster youth, and English learners.

(b) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2026, pursuant to Section 10231.5 of the Government Code.

(2) The report prepared pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10. California Student Author Program


text:
(a) (1) The California State Library shall provide grant awards for purposes of this article to nonprofit organizations, public libraries, and local educational entities that have demonstrated experience in providing similar literacy programs to children in extremely low-income communities.

(2) The California State Library shall select grant recipients for the California Student Author Program with the participation goal of at least 1,000 public schoolage students, cumulatively, over the course of the 2019–20 and 2020–21 school years.

(b) A grant recipient shall use the funds awarded pursuant to this article only for the purposes described in this article.

(c) The California State Library may use up to 3 percent of the funds appropriated for the purposes of this article for administrative costs.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 76. (AB 991) Effective January 1, 2020.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10. California Student Author Program


text:
(a) The Legislature finds and declares that all individuals with exceptional needs have a right to participate in free appropriate public education and special educational instruction and services for these persons are needed in order to ensure the right to an appropriate educational opportunity to meet their unique needs.

(b) The Legislature further finds and declares that special education is an integral part of the total public education system and provides education in a manner that promotes maximum interaction between children or youth with disabilities and children or youth who are not disabled, in a manner that is appropriate to the needs of both.

(c) The Legislature further finds and declares that special education provides a full continuum of program options, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings, and instruction in physical education, to meet the educational and service needs in the least restrictive environment.

(d) It is the intent of the Legislature to unify and improve special education programs in California under the flexible program design of the Master Plan for Special Education. It is the further intent of the Legislature to ensure that all individuals with exceptional needs are provided their rights to appropriate programs and services which are designed to meet their unique needs under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).

(e) It is the further intent of the Legislature that this part does not abrogate any rights provided to individuals with exceptional needs and their parents or guardians under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). It is also the intent of the Legislature that this part does not set a higher standard of educating individuals with exceptional needs than that established by Congress under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).

(f) It is the further intent of the Legislature that the Master Plan for Special Education provide an educational opportunity for individuals with exceptional needs that is equal to or better than that provided prior to the implementation of programs under this part, including, but not limited to, those provided to individuals previously served in a development center for handicapped pupils.

(g) It is the intent of the Legislature that the restructuring of special education programs as set forth in the Master Plan for Special Education be implemented in accordance with this part by all districts and county offices.

history: (History: Amended by Stats. 2007, Ch. 454, Sec. 1. Effective October 10, 2007.)

part: 30. SPECIAL EDUCATION PROGRAMS

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 1. General Provisions

article: 1. Intent

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 30. SPECIAL EDUCATION PROGRAMS > 1. General Provisions > 1. Intent


text:
(a) The Legislature finds and declares that:

(1) Pupils with low-incidence disabilities, as a group, make up less than 1 percent of the total statewide enrollment for kindergarten through grade 12.

(2) Pupils with low-incidence disabilities require highly specialized services, equipment, and materials.

(b) The Legislature further finds and declares that:

(1) Deafness involves the most basic of human needs—the ability to communicate with other human beings. Many hard-of-hearing and deaf children use an appropriate communication mode, sign language, which may be their primary language, while others express and receive language orally and aurally, with or without visual signs or cues. Still others, typically young hard-of-hearing and deaf children, lack any significant language skills. It is essential for the well-being and growth of hard-of-hearing and deaf children that educational programs recognize the unique nature of deafness and ensure that all hard-of-hearing and deaf children have appropriate, ongoing, and fully accessible educational opportunities.

(2) It is essential that hard-of-hearing and deaf children, like all children, have an education in which their unique communication mode is respected, utilized, and developed to an appropriate level of proficiency.

(3) It is essential that hard-of-hearing and deaf children have an education in which special education teachers, psychologists, speech therapists, assessors, administrators, and other special education personnel understand the unique nature of deafness and are specifically trained to work with hard-of-hearing and deaf pupils. It is essential that hard-of-hearing and deaf children have an education in which their special education teachers are proficient in the primary language mode of those children.

(4) It is essential that hard-of-hearing and deaf children, like all children, have an education with a sufficient number of language mode peers with whom they can communicate directly and who are of the same, or approximately the same, age and ability level.

(5) It is essential that hard-of-hearing and deaf children have an education in which their parents and, where appropriate, hard-of-hearing and deaf people are involved in determining the extent, content, and purpose of programs.

(6) Hard-of-hearing and deaf children would benefit from an education in which they are exposed to hard-of-hearing and deaf role models.

(7) It is essential that hard-of-hearing and deaf children, like all children, have programs in which they have direct and appropriate access to all components of the educational process, including, but not limited to, recess, lunch, and extracurricular social and athletic activities.

(8) It is essential that hard-of-hearing and deaf children, like all children, have programs in which their unique vocational needs are provided for, including appropriate research, curricula, programs, staff, and outreach.

(9) Each hard-of-hearing and deaf child should have a determination of the least restrictive educational environment that takes into consideration these legislative findings and declarations.

(10) Given their unique communication needs, hard-of-hearing and deaf children would benefit from the development and implementation of regional programs for children with low-incidence disabilities.

history: (History: Amended by Stats. 1994, Ch. 1126, Sec. 1. Effective September 30, 1994. Implementation contingent upon funding, as prescribed by Sec. 6 of Ch. 1126.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Intent


text:
It is the intent of the Legislature that special education programs provide all of the following:

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

(b) Early educational opportunities shall be available to all children between the ages of three and five years who require special education and services.

(c) Early educational opportunities shall be made available to children younger than three years of age pursuant to Chapter 4.4 (commencing with Section 56425), appropriate sections of this part, and the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code).

(d) Any child younger than three years of age, potentially eligible for special education, shall be afforded the protections provided pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and Section 1439 of Title 20 of the United States Code and implementing regulations.

(e) Each individual with exceptional needs shall have his or her educational goals, objectives, and special education and related services specified in a written individualized education program.

(f) Education programs are provided under an approved local plan for special education that sets forth the elements of the programs in accordance with this part. This plan for special education shall be developed cooperatively with input from the community advisory committee and appropriate representation from special and regular teachers and administrators selected by the groups they represent to ensure effective participation and communication.

(g) Individuals with exceptional needs are offered special assistance programs that promote maximum interaction with the general school population in a manner that is appropriate to the needs of both, taking into consideration, for hard-of-hearing or deaf children, the individual’s needs for a sufficient number of age and language mode peers and for special education teachers who are proficient in the individual’s primary language mode.

(h) Pupils are transferred out of special education programs when special education services are no longer needed.

(i) The unnecessary use of labels is avoided in providing special education and related services for individuals with exceptional needs.

(j) Procedures and materials for assessment and placement of individuals with exceptional needs shall be selected and administered so as not to be racially, culturally, or sexually discriminatory. No single assessment instrument shall be the sole criterion for determining the placement of a pupil. The procedures and materials for assessment and placement shall be in the individual’s mode of communication. Procedures and materials for use with pupils of limited-English proficiency, as defined in subdivision (m) of Section 52163 and in paragraph (18) of Section 1401 of Title 20 of the United States Code, shall be in the individual’s native language, as defined in paragraph (20) of Section 1401 of Title 20 of the United States Code. All assessment materials and procedures shall be selected and administered pursuant to Section 56320.

(k) Educational programs are coordinated with other public and private agencies, including preschools, child development programs, nonpublic nonsectarian schools, regional occupational centers and programs, and postsecondary and adult programs for individuals with exceptional needs.

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

(m) Continuous evaluation of the effectiveness of these special education programs by the local educational agencies shall be made to ensure the highest quality educational offerings.

(n) Appropriate qualified staff are employed, consistent with credentialing requirements, to fulfill the responsibilities of the local plan and positive efforts are made to employ qualified disabled individuals.

(o) Regular and special education personnel are adequately prepared to provide educational instruction and services to individuals with exceptional needs.

history: (History: Amended by Stats. 2005, Ch. 653, Sec. 2. Effective October 7, 2005.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. Intent


text: As used in this part, the definitions prescribed by this article apply unless the context otherwise requires.

history: (History: Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 30. SPECIAL EDUCATION PROGRAMS > 1. General Provisions > 2. Definitions


text: “Assistive technology device,” as provided in paragraph (1) of Section 1401 of Title 20 of the United States Code, means any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs. The term does not include a medical device that is surgically implanted, or the replacement of that device.

history: (History: Added by Stats. 2005, Ch. 653, Sec. 2.5. Effective October 7, 2005.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Board” means the State Board of Education.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text:
“Consent,” as provided in Section 300.9 of Title 34 of the Code of Federal Regulations, means all of the following:

(a) The parent or guardian has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication.

(b) The parent or guardian understands and agrees in writing to the carrying out of the activity for which his or her consent is sought; and the consent describes that activity and lists the records, if any, that will be released and to whom.

(c) The parent or guardian understands that the granting of consent is voluntary on the part of the parent or guardian and may be revoked at any time. If a parent or guardian revokes consent, that revocation is not retroactive to negate an action that has occurred after the consent was given and before the consent was revoked. A public agency is not required to amend the education records of a child to remove any reference to the child’s receipt of special education and services if the child’s parent or guardian submits a written revocation of consent after the initial provision of special education and related services to the child.

history: (History: Amended by Stats. 2010, Ch. 243, Sec. 1. (AB 1841) Effective January 1, 2011.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “County office” means office of the county superintendent of schools.

history: (History: Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Day” means a calendar day.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Department” means the Department of Education.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “District” means school district.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text:
“Individuals with exceptional needs” means those persons who satisfy all the following:

(a) Identified by an individualized education program team as a child with a disability, as that phrase is defined in Section 1401(3)(A) of Title 20 of the United States Code.

(b) Their impairment, as described by subdivision (a), requires instruction and services which cannot be provided with modification of the regular school program in order to ensure that the individual is provided a free appropriate public education pursuant to Section 1401(9) of Title 20 of the United States Code.

(c) Come within one of the following age categories:

(1) Younger than three years of age and identified by the local educational agency as requiring intensive special education and services, as defined by the board.

(2) Between the ages of three to five years, inclusive, and identified by the local educational agency pursuant to Section 56441.11.

(3) Between the ages of five and 18 years, inclusive.

(4) Between the ages of 19 and 21 years, inclusive; enrolled in or eligible for a program under this part or other special education program prior to his or her 19th birthday; and has not yet completed his or her prescribed course of study or who has not met proficiency standards or has not graduated from high school with a regular high school diploma.

(A) Any person who becomes 22 years of age during the months of January to June, inclusive, while participating in a program under this part may continue his or her participation in the program for the remainder of the current fiscal year, including any extended school year program for individuals with exceptional needs established pursuant to Section 3043 of Title 5 of the California Code of Regulations and Section 300.106 of Title 34 of the Code of Federal Regulations.

(B) Any person otherwise eligible to participate in a program under this part shall not be allowed to begin a new fiscal year in a program if he or she becomes 22 years of age in July, August, or September of that new fiscal year. However, if a person is in a year-round school program and is completing his or her individualized education program in a term that extends into the new fiscal year, then the person may complete that term.

(C) Any person who becomes 22 years of age during the months of October, November, or December while participating in a program under this act shall be terminated from the program on December 31 of the current fiscal year, unless the person would otherwise complete his or her individualized education program at the end of the current fiscal year.

(D) No local educational agency may develop an individualized education program that extends these eligibility dates, and in no event may a pupil be required or allowed to attend school under the provisions of this part beyond these eligibility dates solely on the basis that the individual has not met his or her goals or objectives.

(d) Meet eligibility criteria set forth in regulations adopted by the board, including, but not limited to, those adopted pursuant to Article 2.5 (commencing with Section 56333) of Chapter 4.

(e) Unless disabled within the meaning of subdivisions (a) to (d), inclusive, pupils whose educational needs are due primarily to limited English proficiency; a lack of instruction in reading or mathematics; temporary physical disabilities; social maladjustment; or environmental, cultural, or economic factors are not individuals with exceptional needs.

history: (History: Amended by Stats. 2007, Ch. 56, Sec. 5. Effective January 1, 2008.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text:
(a) As provided in Section 300.102(a)(3)(i) of Title 34 of the Code of Federal Regulations, an individual with exceptional needs who graduates from high school with a regular high school diploma is no longer eligible for special education and related services.

(b) For purposes of this section and Section 56026, a “regular high school diploma” means a diploma conferred on a pupil who has met all local and state high school graduation requirements.

(c) As used in this section, and in accordance with Section 300.102(a)(3)(iv) of Title 34 of the Code of Federal Regulations, “regular high school diploma” does not include an alternative degree that is not fully aligned with the academic standards of the State of California, such as a certificate or a General Educational Development credential (GED).

history: (History: Amended by Stats. 2007, Ch. 454, Sec. 2. Effective October 10, 2007.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Language mode” means the method of communication used by hard-of-hearing and deaf children that may include the use of sign language to send or receive messages or the use of spoken language, with or without visual signs or cues.

history: (History: Added by Stats. 1994, Ch. 1126, Sec. 3. Effective September 30, 1994. Implementation contingent upon funding, as prescribed by Sec. 6 of Ch. 1126.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Local educational agency” means a school district, a county office of education, a nonprofit charter school participating as a member of a special education local plan area, or a special education local plan area.

history: (History: Amended by Stats. 2007, Ch. 56, Sec. 5.5. Effective January 1, 2008.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Low incidence disability” means a severe disabling condition with an expected incidence rate of less than one percent of the total statewide enrollment in kindergarten through grade 12. For purposes of this definition, severe disabling conditions are hearing impairments, vision impairments, and severe orthopedic impairments, or any combination thereof. For purposes of this definition, vision impairments do not include disabilities within the function of vision specified in Section 56338.

history: (History: Amended by Stats. 1995, Ch. 203, Sec. 1. Effective January 1, 1996.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Local plan” means a plan that meets the requirements of Chapter 2.5 (commencing with Section 56195) and Chapter 3 (commencing with Section 56205) and that is submitted by a single school district, two or more school districts, or one or more school districts together with one or more county offices of education.

history: (History: Amended by Stats. 2007, Ch. 56, Sec. 6. Effective January 1, 2008.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text:
(a) “Parent” means any of the following:

(1) A biological or adoptive parent of a child.

(2) A foster parent if the authority of the biological or adoptive parents to make educational decisions on the child’s behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations.

(3) A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code.

(4) An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child’s welfare.

(5) A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code.

(b) (1) Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.

(2) If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (4), inclusive, of subdivision (a) to act as the “parent” of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the “parent” for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.

(c) “Parent” does not include the state or any political subdivision of government.

(d) “Parent” does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.

history: (History: Amended by Stats. 2008, Ch. 223, Sec. 12. Effective January 1, 2009.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Prone restraint” means the application of a behavioral restraint on a pupil in a facedown position for any period of time and includes the procedure known as prone containment.

history: (History: Added by Stats. 2024, Ch. 857, Sec. 4. (SB 483) Effective January 1, 2025.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Public agency” means a school district, county office of education, special education local plan area, a nonprofit public charter school that is not otherwise included as a local educational agency and is not a school within a local educational agency, or any other public agency under the auspices of the state or any political subdivisions of the state providing special education or related services to individuals with exceptional needs. For purposes of this part, “public agency,” means all of the public agencies listed in Section 300.33 of Title 34 of the Code of Federal Regulations.

history: (History: Amended by Stats. 2007, Ch. 454, Sec. 5. Effective October 10, 2007.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text:
“Referral for assessment” means any written request for assessment to identify an individual with exceptional needs made by any of the following:

(a) A parent or guardian of the individual.

(b) A teacher or other service provider of the individual.

(c) A foster parent of the individual, consistent with the limitations contained in federal law.

history: (History: Amended by Stats. 2001, Ch. 734, Sec. 51. Effective October 11, 2001.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Responsible local agency” means the school district or county office of education designated in the local plan as the administrative entity the duties of which shall include, but are not limited to, receiving and distributing regionalized services funds, providing administrative support, and coordinating the implementation of the plan.

history: (History: Amended by Stats. 2008, Ch. 179, Sec. 55. Effective January 1, 2009.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Severely disabled” means individuals with exceptional needs who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, severe intellectual disability, and those individuals who would have been eligible for enrollment in a development center for handicapped pupils under Chapter 6 (commencing with Section 56800), as it read on January 1, 1980.

history: (History: Amended by Stats. 2011, Ch. 347, Sec. 33. (SB 942) Effective January 1, 2012.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text:
(a) “Special education,” in accordance with Section 1401(29) of Title 20 of the United States Code, means specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs, including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education.

(b) In accordance with Section 300.39 of Title 34 of the Code of Federal Regulations, special education includes each of the following, if the services otherwise meet the requirements of subdivision (a):

(1) Speech-language pathology services, or any other designated instruction and service or related service, pursuant to Section 56363, if the service is considered special education rather than a designated instruction and service or related service under state standards.

(2) Travel training.

(3) Vocational education.

(c) Transition services for individuals with exceptional needs may be special education, in accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, if provided as specially designed instruction, or a related service, if required to assist an individual with exceptional needs to benefit from special education.

(d) Individuals with exceptional needs shall be grouped for instructional purposes according to their instructional needs.

(e) This section shall not be construed to prohibit an individualized education program from including specialized deaf and hard-of-hearing related services as the only services.

history: (History: Amended by Stats. 2025, Ch. 44, Sec. 2. (AB 784) Effective January 1, 2026.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Individualized education program” means a written document described in Sections 56345 and 56345.1 for an individual with exceptional needs that is developed, reviewed, and revised in a meeting in accordance with Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations and this part. It also means “individualized family service plan” as described in Section 1436 of Title 20 of the United States Code if the individualized education program pertains to an individual with exceptional needs younger than three years of age.

history: (History: Amended by Stats. 2007, Ch. 56, Sec. 9. Effective January 1, 2008.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Superintendent” means the Superintendent of Public Instruction.

history: (History: Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Supplementary aids and services,” as provided in Section 1401(33) of Title 20 of the United States Code and in Section 300.42 of Title 34 of the Code of Federal Regulations, means aids, services, and other supports that are provided in regular education classes or other education-related settings and in extracurricular and nonacademic settings, to enable individuals with exceptional needs to be educated with nondisabled children to the maximum extent appropriate in accordance with Section 1412(a)(5) of Title 20 of the United States Code and Sections 300.114 to 300.116, inclusive, of Title 34 of the Code of Federal Regulations.

history: (History: Amended by Stats. 2007, Ch. 454, Sec. 7. Effective October 10, 2007.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Nonpublic, nonsectarian school” means a private, nonsectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program and is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, or a public university or college. A nonpublic, nonsectarian school also shall meet standards as prescribed by the Superintendent and board.

history: (History: Amended by Stats. 2005, Ch. 639, Sec. 6. Effective January 1, 2006.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text: “Nonpublic, nonsectarian agency” means a private, nonsectarian establishment or individual that provides related services necessary for an individual with exceptional needs to benefit educationally from the pupils’ educational program pursuant to an individualized education program and that is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, a public university or college, or a public hospital. The nonpublic, nonsectarian agency shall also meet standards as prescribed by the superintendent and board.

history: (History: Added by Stats. 1993, Ch. 939, Sec. 2. Effective October 8, 1993.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Definitions


text:
(a) Every individual with exceptional needs who is eligible to receive special education instruction and related services under this part, shall receive that instruction and those services at no cost to his or her parents or, as appropriate, to him or her. A free appropriate public education shall be available to individuals with exceptional needs in accordance with Section 1412(a)(1) of Title 20 of the United States Code and Section 300.101 of Title 34 of the Code of Federal Regulations.

(b) An individual, aged 18 through 21 years, who, in the educational placement prior to his or her incarceration in an adult correctional facility was not identified as being an individual with exceptional needs or did not have an individualized education program under this part, is not entitled to a free appropriate public education pursuant to Section 1412(a)(1)(B)(ii) of Title 20 of the United States Code.

history: (History: Amended by Stats. 2007, Ch. 56, Sec. 10. Effective January 1, 2008.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. General Provisions

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 30. SPECIAL EDUCATION PROGRAMS > 1. General Provisions > 3. General Provisions


text:
In accordance with Section 1412(a)(5) of Title 20 of the United States Code and Section 300.114 of Title 34 of the Code of Federal Regulations, each public agency shall ensure the following to address the least restrictive environment for individuals with exceptional needs:

(a) To the maximum extent appropriate, individuals with exceptional needs, including children in public or private institutions or other care facilities, are educated with children who are nondisabled.

(b) Special classes, separate schooling, or other removal of individuals with exceptional needs from the regular educational environment occurs only if the nature or severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

history: (History: Added by Stats. 2007, Ch. 454, Sec. 8. Effective October 10, 2007.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. General Provisions


text:
(a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings if the child’s individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education.

(b) (1) A local educational agency shall be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.

(2) The responsibility of the local educational agency under paragraph (1) shall be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.

(c) For purposes of this section, in addition to the definition of “local educational agency,” in this article, “local educational agency” also includes a charter school as established pursuant to Chapter 2 (commencing with Section 47605) of Part 26.8.

history: (History: Added by Stats. 2019, Ch. 228, Sec. 2. (AB 605) Effective January 1, 2020.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. General Provisions


text:
(a) State and local educational agency personnel are prohibited, pursuant to paragraph (25) of subsection (a) of Section 1412 of Title 20 of the United States Code, from requiring an individual with exceptional needs to obtain a prescription for a medication that is a substance covered by the Controlled Substances Act (21 U.S.C. Sec. 801 et seq.) as a condition of attending school, receiving an assessment under subsection (a) or (c) of Section 1414 of Title 20 of the United States Code, or receiving services under this part.

(b) Subdivision (a) does not create a federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a pupil’s academic and functional performance, his or her behavior in the class or school, or the need for assessment for special education and related services under paragraph (3) of subsection (a) of Section 1412 of Title 20 of the United States Code.

history: (History: Added by Stats. 2005, Ch. 653, Sec. 5. Effective October 7, 2005.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. General Provisions


text:
(a) Consistent with state and federal law, implementing inclusion and universal design for learning initiatives for pupils 0 to 22 years of age, inclusive, a local educational agency shall consider all of the following with respect to the full language access needs of pupils who are deaf, hard of hearing, or deaf-blind, as described in paragraph (2) of subdivision (a) of Section 56326.5 and subdivision (d) of Section 56345:

(1) The legislative findings and declarations in subdivision (b) of Section 56000.5.

(2) Section 300.114(a)(2)(ii) of Title 34 of the Code of Federal Regulations, which requires each public agency to ensure that special classes, separate schooling, or other removal of pupils with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(3) Section 300.324(a)(2)(iv) of Title 34 of the Code of Federal Regulations, and paragraph (4) of subdivision (b) of Section 56341.1, which requires an individualized family service plan and individualized education program teams in the case of a pupil who is deaf, hard of hearing, or deaf-blind, to consider the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode.

(4) Section 300.324(a)(2)(iii) of Title 34 of the Code of Federal Regulations, which requires in the case of a pupil who is blind or visually impaired, to provide for instruction in braille and the use of braille unless the individualized education program team determines, after an evaluation of the pupil’s reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the pupil’s future needs for instruction in braille or the use of braille, that instruction in braille or the use of braille is not appropriate for the pupil.

(5) Federal guidance, as set forth in 57 Federal Register 49274 (October 30, 1992), which states that meeting the unique communication and related needs of a pupil who is deaf, hard of hearing, or deaf-blind is a fundamental part of providing a free appropriate public education to the pupil.

(6) Federal guidance, as set forth in 57 Federal Register 49274 (October 30, 1992), which states that the decision as to what placement will provide a free appropriate public education for an individual pupil who is deaf, hard of hearing, or deaf-blind, includes a determination as to the least restrictive environment in which appropriate services can be made available to the pupil, must be made only after a full and complete individualized family service plan or individualized education program has been developed that addresses the full range of the pupil’s needs.

(7) Subdivision (c) of Section 56341.1, which requires an individualized education program team to, if the team determines that a pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive a free appropriate public education, include a statement to that effect in the pupil’s individualized education program.

(8) The importance of obtaining stakeholder input from deaf, hard of hearing, or deaf-blind individuals and experts from nonprofit organizations serving deaf and hard of hearing individuals.

(9) The importance of actively involving and respecting the input and choices of the parents or guardians of pupils, by including all of the following:

(A) Considering a pupil’s language development as specified in in paragraph (2) of subdivision (a) of Section 56326.5 and subdivision (d) of Section 56345.

(B) Considering a pupil’s academic progress.

(C) Considering a parent’s or guardian’s knowledge and understanding of their child’s unique needs, including their insights into the child’s language and communication preferences.

(D) Facilitating meaningful participation of a parent or guardian in all team meetings and decisionmaking processes, ensuring their choices are documented and considered in the development and review of the individualized family service plan or the individualized education program.

(b) When an individualized family service plan or individualized education program team is determining the least restrictive environment for a deaf, hard of hearing, or deaf-blind pupil 0 to 22 years of age, inclusive, the individualized family service plan and individualized education program team shall do both of the following:

(1) Consider the language needs, as described in paragraph (2) of subdivision (a) of Section 56326.5 and subdivision (d) of Section 56345, of the pupil, including the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode consistent with, but not limited to, the requirements of Section 56341.1 and the findings and declarations in Section 56000.5.

(2) Consider reviewing placements and services available to the pupil, including those provided by a school district, a county office of education, a regional program, a nonpublic, nonsectarian school or an agency certified by the state, and the California School for the Deaf.

(c) The department shall, on or before July 1, 2025, communicate the requirements of this section to all local educational agencies and charter schools, as well as notify nonpublic, nonsectarian schools or agencies certified by the state, special education local plan areas, the California School for the Deaf, and the California School for the Blind regarding this section.

(d) Nothing in this section shall be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, to a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the development of an individualized education program, as defined in Section 56032, or the individualized education program team’s determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations, and Section 56345, aids to ensure effective communication pursuant to Section 35.160 of Title 28 of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361.

(e) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

history: (History: Added by Stats. 2024, Ch. 903, Sec. 1. (AB 1938) Effective January 1, 2025.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. General Provisions


text:
Except for those pupils meeting residency requirements for school attendance specified in subdivision (a) of Section 48204, and notwithstanding any other provision of law, if it is determined by the individualized education program team that special education services are required beyond the pupil’s 18th birthday, the district of residence responsible for providing special education and related services to pupils between the ages of 18 to 22 years, inclusive, shall be assigned, as follows:

(a) For nonconserved pupils, the last district of residence in effect prior to the pupil’s attaining the age of majority shall become and remain as the responsible local educational agency, as long as and until the parent or parents relocate to a new district of residence. At that time, the new district of residence shall become the responsible local educational agency.

(b) For conserved pupils, the district of residence of the conservator shall attach and remain the responsible local educational agency, as long as and until the conservator relocates or a new one is appointed. At that time, the new district of residence shall attach and become the responsible local educational agency.

history: (History: Added by Stats. 1992, Ch. 1360, Sec. 8. Effective January 1, 1993.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. General Provisions


text: When an individual with exceptional needs reaches the age of 18, with the exception of an individual who has been determined to be incompetent under state law, the local educational agency shall provide any notice of procedural safeguards required by this part to both the individual and the parents of the individual. All other rights accorded to a parent under this part shall transfer to the individual with exceptional needs. The local educational agency shall notify the individual and the parent of the transfer of rights.

history: (History: Added by Stats. 1998, Ch. 691, Sec. 17. Effective January 1, 1999.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. General Provisions


text: Notwithstanding any other provision of law, an attorney or advocate for a parent of an individual with exceptional needs shall not recommend placement in a nonpublic, nonsectarian school or agency with which the attorney or advocate is employed or contracted, or otherwise has a conflict of interest or from which the attorney or advocate receives a benefit.

history: (History: Added by Stats. 1993, Ch. 939, Sec. 3. Effective October 8, 1993.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. General Provisions