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Full text of "California Code of Regulations, (Vol. 06), Title 5, Education (Part 1)"

• *- — 

Barclays Official 

California 

Code of 
Regulations 



Title 5. Education 

Complete Title 



Vol.6 



XHOIVISOIM 

* 

\A/EST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Barclays Official California Code Of Regulations 

revised edition 

This edition of Barclays Ojficial California Code of Regulations, revised on April 1, 1990, has been 
published under the direction of the California Office of Administrative Law which is solely respon- 
sible for its contents. Comments or questions regarding regulations published in this edition should 
be addressed to the State of California, Office of Administrative Law, 300 Capitol Mall, Suite 1250, 
Sacramento, CA 95814, (916) 323-6225. Errors reported will be promptly corrected in subsequent 
supplements. 

OFFICIAL PUBLICATION 

Courts are required to take judicial notice of contents of regulations published in the Official Califor- 
nia Code of Regulations (Gov. Code, § 11344.6). Barclays Official California Code of Regulations, 
as revised April 1, 1990, has been certified by the Office of Administrative Law as the official publi- 
cation of the State of California for this purpose pursuant to title 1, California Code of Regulations, 
section 190. 

CODE SUPPLEMENTS 

Amendments to the official Code are certified weekly by the Office of Administrative Law for publi- 
cation by Barclays. These amendments, when certified and published, become part of the Official 
California Code of Regulations, beginning with Register 90, No. 14, dated April 7, 1 990, and include 
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CODE CITATION 

Cite all materials in the Official California Code of Regulations by title number and section number. 
Example: Title 3, California Code of Regulations, section 432 (Short form: Cal. Code Regs., tit. 3, 

§ 432). 

COPYRIGHT NOTICE 

© 2008, State of California. 

This material may not be commercially reproduced or sold in print or electronic forms without 

written permission of ThomsonAVest. 




TITLES. EDUCATION 



NOMENCLATURE CROSS-REFERENCE 



(NOTE: Effective April 1, 1990, the Office of Administrative Law authorized the renaming of the 
hierarchical headings used within the Titles of the California Code of Regulations. Until the agen- 
cies implement these changes in their regulations, use the following Cross-Reference Table for 
the new organizational headings used in this Title.) 



• 



OLD HIERARCHY REVISED HIERARCHY 

Part Division 

Division Chapter 

Chapter Subchapter 

Subchapter Article 

Article Subarticle 

Section Section 



Title 5 



Education 



Title Table of Contents 



• 



Title 5. Education 



Table of Contents 



• 



Division 1. 

Chapter J . 
Subchapter 1 
Subchapter 2 
Subchapter 3 

Subchapter 4, 

Subchapter 5, 
Subchapter 6, 

Subchapter 7. 

Chapter 2. 
Subchapter 1, 
Article I. 

Article 2. 

Article 3. 

Subchapter 2, 

Article 1. 

Article 1.1. 
Article 2. 



Article 3. 




Article 4. 




Subchapter 


3 


Article 1. 





Page 

California Department of 

Education 1 

General Provisions i 

Citation and Definitions l 

School Sessions i 

Flag of the United 

States 1 

Affirmative Action 

Employment Programs l 

Public Records l 

Department of Education — 

Conflict of Interest 

Code 2 

Plans to Alleviate Racial 

and Ethnic Segregation 

of Minority Students 2 

Pupils 3 

General Provisions 3 

Admission and Exclusion of 

Pupils 3 

Duties of Pupils 4 

Privileges of Pupils 4 

Records of Pupils 4 

Attendance Records and 

Accounting 4 

Record of Verification of 

Absence Due to Illness and 

Other Causes 5 

Emergency Average Daily 
Attendance 6 

Individual Pupil Records 6 

Records Identifying and 
Accounting for Project- 
Connected Pupils 8 

Health and Safety of 

Pupils 8 

Fire Drills 8 



Article 2. 


Article 3. 


Article 4. 


Article 4.1 



Article 5. 

Article 6. 

Article 7. 

Subchapter 3.5. 

Subchapter 3.75. 

Article 1. 
Article 2. 



Article 2.5. 

Article 3. 
Subchapter 3.8. 
Subchapter 4. 

Article 1. 
Article 1.5. 



Page 

Civil Defense Plans and 

Drills 8 

School Safety Patrols 

(Traffic Safety) 8 

Vision Testing 9 

Administering Medication to 

Pupils or Otherwise 

Assisting Pupils in the 

Administration of 

Medication During the 

Regular School Day i o. i 

School Environment for 

Pupils 12 

Pupil Fingerprinting 

Program 13 

Safe Schools Assessment 

Program 13 

Leroy Greene Assessment 

of Academic Achievement 16 

Standardized Testing and 

Reporting Program 17 

General 17 

Designated Achievement Test, 
Standards-Based Achievement 
Tests, Alternate 
Assessment, and Designated 
Primary Language Test 18 

Golden State Seal Merit 

Diploma 28 

Designated Primary Language 

Test 29 

Quality Education 

Investment Act of 2006 31 

Statewide Testing of 

Pupils and Evaluation 

Procedures 32 

Achievement Testing 

Programs 32 

Education Improvement 

Incentive Program 33 



Page i 



(7-11-2008) 



Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Article 1 .6. Immediate Intervention/ 
Underperforming Schools 
Program (II/USP) and High 
Priority Schools Grant 
Program (HPSGP): Definition 
of Significant Growth and 
Criteria to Determine 
Academic Growth for II/USP 
and HPSGP Schools Without 
Valid API's 33 

Article 1.7. Award Programs Linked to the 

Academic Performance Index 

(API) 34 

Article 2. Physical Performance Testing 

Programs 37 

Article 2.5. Testing Variations/ 

Accommodations 38.1 

Article 3. Reading Testing Programs in 

Grades 1,2, and 3 38.1 

Article 4. Alternative Assessment Pilot 

Project 38.1 

Article 5. Alternative Schools 

Accountability Model Pre- 

Post Assessments 39 

Subchapter 6. California High School 

Exit Examination 40 

Article 1. General 40 

Article 2. High School Exit Examination 

Administration 41 

Article 3. High School Exit Examination 
Testing Variations/ 
Accommodations/ 
Modifications/Waivers 46 

Article 4. Cheating 46.2 

Article 5. Apportionment 46.2 

Subchapter 7. Graduation of Pupils from 
Grade 12 and Credit 
Toward Graduation 46.2 

Article 1 . Measurement of Credit Toward 

Graduation from Grade 12 46.2 

Article 2. Credit Toward High School 

Graduation 46.3 

Article 3. Diploma of Graduation 47 

Chapter 3. Handicapped Children 48 

Subchapter 1 . Special Education 48 

Article 1 . General Provisions 48 

Article 2. Administration 50 

Article 3. Identification, Referral, 

and Assessment 50 



CODE OF REGULATIONS Title 5 

Page 

Article 3. 1 . Individuals with Exceptional 

Needs 51 

Article 4. Instructional Planning and 
Individualized Education 
Program 53 

Article 5. Implementation (Program 

Components) 54 

Article 6. Nonpublic. Nonsectarian 

School and Agency Services 61 

Article 7. Procedural Safeguards 68 

Article 8. State Board of Education 

Waivers 70.1 

Chapter 3.5. Joint Regulations for 

Handicapped Children 71 

Subchapter I. Interagency 

Responsibilities for 

Providing Services to 

Handicapped Children 71 

Chapter 4. Gifted and Talented Pupil 

Program 71 

Subchapter 1 . General Provisions 71 

Subchapter 2. Eligibility 71 

Subchapter 3. Standards Used for 

Identification of Gifted 

and Talented Pupils 71 

Subchapter 4. Minimum Standards for 

Programs 72 

Article 1 . General 72 

Article 2. Types of Programs 72 

Article 3. Length of Program 73 

Subchapter 5. Approval of Programs 73 

Subchapter 6. Indirect Cost 

Expenditures 73 

Chapter 5. Consolidated Categorical Aid 

Programs 73 

Subchapter 1 . General Provisions 73 

Article 1. Scope of the Chapter 73 

Article 2. Administrative Procedures 74 

Article 3. Program Requirements 74 

Article 4. Fiscal Concerns 75 

Article 5. Complaint Procedures 76 

Subchapter 2. School Improvement 

Programs 76 

Article 1. Definitions 76 

Article 2. District Master Plan — 

Additional Elements 76 

Article 3. School Improvement Plan 77 

Article 4. Program Review 77 



• 



• 



Page ii 



(7-l)-2()08) 



Title 5 



Education 

Page 

Selection and Expansion 77 Article 1. 

Fiscal Concerns 77 Article 2. 

Local Staff Development Article 3. 

Programs 78 

Local Staff Development Article 4. 

Programs 78 Article 4.5. 

Funding 78 

Economic Impact Aid 78 Anicle 5. 

n ^„ Article 6. 

Purpose 78 

All .- ri- J ^. Article 7. 

Allocation ot Funds 79 

General Accounting a _• i o 

'^ Article 8. 

Requirements 79 

Administration and . ■ , g 

Evaluation Allocations 79 

Bilingual Education 79 Chapter 5.2. 

Purpose 79 

^ ... . . Chapter 5.3. 

Definitions 79 ^ 

Program Requirements 79 o u u . i 

^ ^ Subchapter 1 . 

Special Funds to Assist 

Districts 80 

State Compensatory 

Education Programs 81 

Program Purpose 81 

Article 1. 

Program Requirements 81 

^ Article 2. 

Designating Eligible and a ■ ] o < 

Participating School 81 

Article 3 
Designating Students to Be 

Participants 82 

Level of Funding 82 

Allocation Alternatives 82 Article 3.5. 

Evaluation 84 

District and School Advisory 

Councils 84 Article4. 

r- u\-. o. Article 5. 

Comparability 84 

California Preschool 

Program 85 Article 7. 

Miscellaneous Programs 85 Article 8. 

Schoolwide Programs 85 

School Security 86 Chapter 6. 

„.,. , T-j .• Subchapter 1. 

Bilingual Education ^ 

Programs 86 Article 1. 

Bilingual-Bicultural 

Education Programs 86 Article 2. 

Subchapter 2. 
Uniform Complaint Procedures 86 

Complaint Procedures 86 



Title Table of Contents 



• 



Article 5. 

Article 6. 

Subchapter 3. 

Article 1. 

Article 2. 
Subchapter 4. 
Article 1. 
Article 2. 
Article 3. 

Article 4. 



Subchapter 


5, 


Article 1. 




Article 2. 




Article 3. 




Article 4. 




Subchapter 


6 


Article 1. 




Article 2. 




Article 3. 





Article 4. 

Article 5. 
Article 6. 
Article 7. 
Article 8. 

Article 9. 
Article 10. 

Subchapter 7. 

Article 1. 

Article 2. 
Subchapter 8. 

Subchapter 9. 

Chapter 5.1. 
Subchapter 1. 



Page 

Definitions 86 

Purpose and Scope 87 

Local Educational Agency 
Compliance 88 

Local Complaint Procedures 88 

Appeal of Local Educational 

Agency Decision 89 

State Complaint Procedures 90 

Direct State Intervention 90 

State Investigation 

Procedures 9i 

Enforcement — Slate Procedures 

to Effect Compliance 92 

Williams Complaints 92 

Improvement of Elementary and 
Secondary Education 92.1 

Nondiscrimination and 

Educational Equity 92.2 

Nondiscrimination in 

Elementary and Secondary 

Educational Programs 

Receiving State or 

Federal Financial 

Assistance 92.2 

General Provisions 92.2 

Definitions 92.2 

Sexual Harassment 93 



Nondiscrimination in 

Intramural, 

Interscholastic, or Club 

Athletics 93 



Nondiscrimination in 

Extracurricular and Club 

Activities 94 

Counseling 94 

Course Access 95 

Marital and Parental Status 95 

Local Agency Compliance 95 

Complaint Process 

Safeguards 96 

Certified Personnel 96 

General Provisions 96 

Code of Ethics of the 

Teaching Profession 96 

Employment and Dismissal 96 

Duties of Certificated 

and Noncertificated 

Personnel 98 



Page iii 



Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Article 1. Duties of All Certificated 

Personnel 98 

Article 2. Duties of Principals 98 

Article 3. Duties of Teachers 98 

Article 4. Duties of District 

Superintendents 98 

Article 5. Duties of Temporary Athletic 

Team Coaches 98 

Subchapter 3. Rights of Certificated 

Personnel 100 

Subchapter 4. Grants of Financial 
Assistance to 
Certificated Personnel lOl 

Article 1 . Scholarship Grants for 

Teachers of Reading lOl 

Article 2. Loans to Teachers of 

Educationally Handicapped 

Minors for Specialized 

Preparation During the 

Summer (Section 56060 

Loans) lOl 

Subchapter 5. Instructional Time and 

Staff Development Reform 

Program 102 

Subchapter 6. Positions Requiring 
Certification 
Qualifications 102 

Subchapter 7. No Child Left Behind 

Teacher Requirements 103 

Article 1. General 103 

Article 2. Elementary Level Teachers 103 

Article 3. Middle and High School Level 

Teachers 105 

Article 4. State Certification Not 
Meefing NCLB Teacher 
Requirements 105 

Article 5. One-Time Compliance 106 

Article 6. Teachers from Out-of-State 106 

Chapter 7. Credenfials and Institutions 
Preparing Candidates for 
Credentials 106 

Subchapter 17. Teacher Preparation and 

Licensing Law of 1970 106 

Subchapter 18. All Prior Credentials and 
Life Diplomas of Any 
Kind Whatsoever 106 

Article 1. General Provisions 106 

Article 2. Fees 106 



CODE OF REGULATIONS Title 5 

Page 

Article 3. Application for Credentials 

and Life Diplomas 106 

Article 4. Health Standards Required of 
Applicants for Credentials 
Authorizing School Service 
in California 106 

Article 5. Renewal of Credentials 106.1 

Article 6. Life Diplomas Based on 
"Prior Regular 
Credentials" 106.1 

Article 7. Issuance and Denial of 
Credentials and Life 
Diplomas 106.1 

Article 8. Administrative Hearing upon 

Denial of an Application 106.1 

Article 9. Suspension and Revocation of 

Certification Documents 106.1 

Subchapter 18.1. Credentials Authorized by 
the Licensing of 
Certificated Personnel 
Law of 1961 106.1 

Subchapter 18.2. Restricted Credentials 106.1 

Subchapter 18.3. Internship Credentials 

Issued under the Teacher 
Education Internship Act 
of 1967, As Amended 106.1 

Subchapter 18.4. Provisional and 
Miscellaneous 
Credentials 106.1 

Subchapter 19. Validation of Service 

Without a Credential 106.1 

Subchapter 20. Accreditation of Teacher 
Education Institutions 
for Teacher 
Certification Purposes 106.1 

Chapter 9. Instructional Materials 106.1 

Subchapter 1. Elementary Instructional 

Materials 106.1 

Article 1. General Provisions 106.1 

Article 2. Adoption of Curriculum 
Frameworks, Evaluation 
Criteria and Instructional 
Materials — Procedures 107 

Article 2. 1 . Acquisition of Adopted 

Instructional Materials 112 

Article 2.3. Instructional Materials 

Funding 113 

Article 3. Request to Purchase 

Nonadopted Core Reading 

Program Instructional 

Materials 114 



• 



Page iv 



(7-11-2008) 



Title 5 



Education 

Page 

Additions to Lists of 

Adopted Instructional 

Materials in Reading/ 

Language Arts and 

Mathematics 1 1 5 

Courses of Study 1 16 

High School Courses of 

Study 116 

Automobile Driver Education .... 116 

Automobile Driver Training 1 16 

Contracting for Automobile 

Driver Training 1 18 

Physical Education Program 118 

Work Experience Education 119 

Community Classrooms 119 

Cooperative Vocational 

Education 121 

Adult Education 124 

Adult Schools and Classes 

for Adults (General) 124 

General Provisions 124 

Approval of Adult Schools 

and Classes 124 

Standards for Adult Schools 124 

Standards for Particular 

Classes for Adults 123 

Standards of Administration 125 

Classes for Adults in 

County Jails, Industrial 

Farms, and County or 

Joint County Road Camps 125 

Adult Education 

Innovation and 

Alternative 

Instructional Delivery 125 

Administration 125 

Special Programs 126 

Continuation Education 126 

Standards for Programs 126 

Exemption from Maintaining 

Continuation Education 

Classes 127 

Special Elementary School 

Reading Instruction 

Programs 127 

General Provisions 127 



Title Table of Contents 

Page 

Nomination and Designation 

of Specialist Teacher in 

Reading 127 

Minimum Standards of Course 
Content for Basic Reading 
Program and Criteria for 
Approval of Application 128 

Allowances to Districts for 
Employment of Specialist 
Teachers and Salaries of 
Librarians 128 

Mentor Teacher Program 129 

English Language Learner 

Education 130 

English Language Centers 133 

Summer Schools (Other 

Than Classes for Adults, 

Adult Schools, and 

Evening High Schools) 133 

Regional Occupational 

Centers and Regional 

Occupational Programs 1 34 

California English 
Language Development 

Test 135 

General 135 

Administration i 36 

Test Variations/ 

Accommodations/ 

Modifications 138.1 

Apportionment 138.2 

High School Proficiency 

Certificates 138.2 

Certificate of Proficiency 138.2 

High School Equivalency 

Certificate (G.E.D.)— for 

Persons 1 8 Years of Age or 

Older 139 

Vocational Educafion 

Contracts 140 

General Provisions 140 

Contracting Standards 140 

Contract Provisions 140 

Bilingual Education I4i 

Bilingual Teacher Corps 

Program 141 

Regional Adult and 

Vocational Education 

Councils 141 

General Provisions 141 



Article 4. 



Chapter 10. 
Subchapter 1. 

Article 1. 
Article 2. 
Article 3. 

ArUcle 3.1. 
Article 4. 
Article 5. 
Article 6. 

Chapter 10.2. 
Subchapter 1 . 

Article 1. 
Article 2. 

Article 3. 
Article 4. 

Article 5. 
Subchapter 2. 



Subchapter 3. 



Arncle 1. 

Chapter 11. 
Subchapter 1. 
Article 1. 
Article 2. 



Subchapter 2. 



Article 1. 



Article 2. 



Article 3. 



Article 4. 



Subchapter 3. 
Subchapter 4. 

Subchapters. 
Subchapter 6. 



Subchapter 7. 

Subchapter 7.5. 

Article 1 . 
Article 2. 
Article 3. 

Article 4. 
Subchapter 8. 

Article 1. 
Article 2. 

Subchapter 9. 

Article 1 . 
Article 2. 
Article 3. 
Subchapter 10. 
Article 1. 

Subchapter 11. 
Article 1. 



Page V 



Title Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Article 2. 

Article 3. 

Article 4. 
Article 5. 
Article 6. 

Subchapter 12. 
Subchapter 13. 

Article 1. 

Article 2. 

Article 3. 

Subchapter 14. 

Article 1. 
Subchapter 15. 

Subchapter 16. 
Subchapter 17. 

Article 1. 
Article 2. 

Subchapter 18. 

Article 1. 
Subchapter 19. 
Article 1. 

Article 1.2. 
Article 1.5. 

Article 2. 
Article 3. 

Subchapter 20. 
Subchapter 20.5. 
Subchapter 21. 



Page 

Formation of Regional 

Council Boundaries 142 

Criteria for Council 

Boundary Determination 142 

Organization of Councils 142 

Council Functions 142 

Appeals from Decision of the 
Council 142 

Alternative Schools 143 

Independent Study 143 

General Provisions 143 

Standards for Independent 

Study 144 

Provisions Unique to Charter 
Schools 144 

School Resource Centers 143 

School Resource Centers 145 

Comprehensive Health 

Education 1 45 

Pregnant Minor Program 146 

Grant Program for 

Restructuring in Public 

Education 146 

Planning Grant Application 146 

Demonstration Grant 

Applications 146 

Grant Program for Healthy 

Start 148 

Grants 148 

Charter Schools 150 

Charter School Regular 

Average Daily Attendance 150 

Closure Procedures 150 

Classroom- and Nonclassroom- 

Based Instruction in 

Charter Schools 151 

General Provisions 154.1 

Facilities for Charter 

Schools 160 

Education Technology 

Staff Development 

Program 162.3 

Enhancing Education 

Through Technology Grant 

Program 162.3 

Mathematics and Reading 
Professional Development 
Program 165 



Subchapter 21.5 

Subchapter 22. 
Subchapter 22.5 



Subchapter 23. 



Subchapter 24. 

Article 1. 
Chapter 12. 
Subchapter 1. 

Article 1. 
Subchapter 2. 

Article 1. 

Article 2. 

Article 3. 

Article 4. 

Subchapter 4. 

Subchapter 5. 

Article 1. 

Article 3. 

Subchapter 6. 



Article 1. 
Article 2. 
Article 3. 
Article 4. 
Subchapter 7. 

Article 1. 
Subchapter 9. 

Article 1. 
Subchapter 11. 

Article 1. 
Subchapter 12. 



Page 

School Community Violence 

Prevention Program 168.2(a) 

Reading First Program 168.3 

K Reading First Achievement 

Index/Definition of 

Significant Progress 168.3 

Defining Persistently 

Dangerous Public 

Elementary and Secondary 

Schools 168.4 

American Indian 

Education Centers 168.5 

General Provisions 168.5 

Compensatory Education 168.8 

General Provisions 168.8 

General Provisions 168.8 

Migrant Education 168.8 

Program Requirements 168.8 

Program Eligibility 168.8 

Complaint Procedures 168.8 

Fiscal Allocation and 

Service Delivery Structure 168.9 

Preschool Educational 

Programs 168.9 

Special Teacher 

Employment Programs (K-6) 168.9 

General Provisions 168.9 

Teacher Aides 169 

Demonstration Programs in 

Intensive Instruction 

(Reading and 

Mathematics) for Low 

Achieving Pupils in 

Grade 7, 8 or 9 169 

General Provisions 169 

Applications 170 

Personnel in Program 170 

Evaluation of Program 170 

New Careers in Education 

Programs 170 

General Provisions 170 

Professional Development 

and Program Improvement 

Programs 172 

General Provisions 172 

School Housing Aid for 

Compensatory Education 175 

General Provisions 175 

School Housing Aid for 

Districts Impacted by 

Seasonal Agricultural 

Employment 175 



• 



Page vi 



(7-11-2008) 



Title 5 



Education 
Page 

Supplemental Services 17.5 

School Facilities and Equipment 176.1 

School Housing 176.1 

General Standards 176,1 

School Sites 176.1 

Attendance Areas and 

Practices 178 

Standards, Planning and 

Approval of School 

Facilities 178 

Use of School Buses and 

School Pupil Activity 

Buses 183 

General Provisions 183 

School Buses 184 

School Finance 184 

Nonresident Tuition 184 

Budgeting, Accounting, 

and Reporting 184.1 

Transfer of Funds from the 
School District General 
Fund to the Child 
Development Fund and the 
Development Center for 
Handicapped Pupils Fund 184.1 

Standardized Account Code 
Structure 184.1 

Annual Financial Statements . . . 184.2 

Decreases in Average 

Daily Attendance for 

Apportionment Purposes 

Due to Executive Ratios 

Pupils to Classroom 

Teachers 184.2 

General Provisions 184.2 

Waiver of Class Size 

Requirements for 

Kindergarten 1 84.3 

School District Reports 184.3 

Class Size Reduction 

Program Kindergarten - 

Grade 3 184.3 

Program to Reduce Class 

Size in Two Courses in 

Grade 9 184.4 

Reduction in State 

Support Due to Excessive 

Administrative Employee 

to Teacher Ratio 1 84.4(a) 



Title Table of Contents 
Page 

General Provisions I84,4(a) 

Waiver of Full-Time 
Equivalent Administrative 
Employees iH4..s 

School District Reports I84..'s 

Reimbursement for Costs 

of Education for 

Institutional and Family 

Home Children \M.5 

Allowances for Pupil 

Transportation 184.6 

Definitions 1 84.6 

Classification of School Bus 

Fleets for Transportation 

Allowance Purposes 184.7 

Records and Available 

Information (All 

Districts) 184.7 

Additional Records and 
Available Information 
(Districts Maintaining Own 
Transportation System) 184.8 

Reports 184.8 

Review and Approval of 
Expenditures 1 84.9 

Replacement of School Bus 

and Fleplacement 

Allowances 184.9 

Newly Formed Unified School 
Districts 184.10 

Revenue Limits for School 

Districts I84.li 

General Provisions 1 84. 1 1 

Recomputation of 1978-79 

School District Revenue 

Limits 184.11 

Calculation of School 

District Revenue Limits for 

1979-80 184.14 

Revenue Limits for County 
Superintendents of 

Schools 184.19 

General Provisions 184.19 

Computation of Revenue 

Limits for 1979-80 184.20 

Criteria and Standards 

for School District 

Budgets and Interim 

Reports 184.25 

Budget Review 184,25 

Interim Report Review 184 27 



• 



Subchapter 13. 

Chapter 13. 

Subchapter 1. 

Article 1. 

Article 2. 

Article 3. 

Article 4. 
Subchapter 2. 



Article 1. 
Subchapter 

Chapter 14. 
Subchapter 
Subchapter 



Article 1. 



Article 2. 

Article 3. 
Subchapter 



Article 1. 
Article 2. 

Article 3. 
Subchapter 



3.5. 



Subchapter 3.75 



Subchapter 4. 



Article 1. 
Article 2. 

Article 3. 
Subchapter 4.1. 



Subchapter 5. 

Article 1. 
Article 2. 

Article 3. 

Article 4. 

Article 5. 
Article 6. 

Article 7. 

Article 8. 

Subchapter 6. 

Article 1. 
Article 2. 

Article 3. 

Subchapter 7. 

Article 1. 
Article 2. 

Subchapter 8. 



Article 1. 
Article 2. 



Page vii 



(7-ll-2(H)Si 



Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Subchapter 9. Criteria and Standards 
for County Office of 
Education Budgets and 
Interim Reports 184.30 

Article 1. Budget Review 184.30 

Article 2. Interim Report Review 184.32 

Chapter 15. Child Nutrition Programs 184.32(d) 

Subchapter 1. Food Sales, Food Service, 

and Nutrition Education 184.32(d) 

Article 1 . Food Sales by Student 

Organizations 184.32(d) 

Article 2. Mandatory Meals for Needy 

Pupils 184.33 

Article 3. Nutrition Education 184.33 

Article 4. School Lunch and Breakfast 

Programs 184.34 

Article 5. California Fresh Start Pilot 

Program 184.35 

Chapter 16. Governing Boards of School 

Districts 184.36(a) 

Subchapter 1. Contracts with Federal 

Agencies 184.36(a) 

Article 1. Approval of Contracts 184.36(a) 

Subchapter 2. Destruction of Records of 

School Districts 184.36(a) 

Article 1. General Provisions 184.36(a) 

Article 2. Period of Retention 184.36(b) 

Article 3. Steps in Destruction 184.37 

Subchapter 2.5. Historical Inventory of 

Equipment 184.37 

Subchapter 3. School Libraries 184.37 

Article 1. School Library Services 184.37 

Chapter 17. County Superintendents 184.38 

Subchapter 1. Duties of the County 

Superintendent 184.38 

Article 1. Services to School Districts 
and the California 
Department of Education 184.38 

Article 2. Reports to the State 

Department of Education 184.38 

Subchapter 2. Fiscal Responsibilities 
of the County 
Superintendent 184.38 

Article 1 . Report of Miscellaneous 

Funds Pursuant to Education 

Code Section 17606 184.38 

Article 2. Allowances for Emergency 

Purposes 184.39 



CODE OF REGULATIONS Title 5 

Page 

Article 3. Reimbursement of Travel 

Expense in Connection with 

Cooperative County 

Publication Projects 184.40 

Article 4. Purchasing and Replacing of 

Capital Outlay Items 184.40 

Article 5. Purchase, Replacement, 

Operation, and Maintenance 

of Automotive Equipment 184.40 

Article 6. Coordination of the 

Educational Program by the 

County Superintendent 184.41 

Article 7. County School Service Fund 

Budget Procedures 184.42 

Article 8. County Tax for the 
Identification and 
Education of Physically 
Handicapped Minors by a 
County Superintendent 184.43 

Article 9. Petty Theft Fine Fund 184.43 

Subchapter 3. Destruction of Records of 

a County Superintendent 184.43 

Article 1. General Provisions 184.43 

Article 2. Authorization and 

Procedure 184.44 

Subchapter 4. Travel Expenses for 

County Superintendents 

of Schools and 

Designated Staff 

Members 184.44 

Chapter 18. Cahfornia State Special Schools 
for the Deaf or Blind, or State 
Diagnostic Centers 184.45 

Subchapter 1. Employees 184.45 

Article 1 . Pay Plan for the Exempt 
Teaching Staff of the State 
Special Schools and 
Diagnostic Centers 184.45 

Article 2. Work Days and Vacation 

Credit 184.47 

Article 3. Tenure Rights of Exempt 

Staff 184.48 

Article 4. Separation of Employees for 
Lack of Funds or Lack of 
Work 184.48(a) 

Article 5. Termination of a Supervisory 
or Managerial 
Appointment 184.48(a) 

Subchapter 2. State Special Schools 

Admission Process 184.48(b) 

Article 1 . California School for the 

Deaf 184.48(b) 



Page viii 



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Title 5 



Education 

Page 

California School for the Article 5. 

Blind 184.48(c) 

Child Care and Development ^^^^'^ ^■ 

Programs 1 84.49 Article 7. 

Award of Funding for Article 8. 

Child Care and Subchapter 6. 

Development Programs 184.49 

General Provisions 184.49 Subchapter 7. 

Selection of Contractors 184.49 

State Child Care Facilities 

Fund 184.50 Article 2. 

Contingency Funds for 

Alternative Payment Subchapter 7.5. 

Programs 184.51 

Continued Funding 184.51 Article 1. 

„ , r. • Article 2. 

General Requirements 184.51 

General Provisions 184.51 o u u . o 

Subchapter 8. 

Subcontracts 1 84.54 

Costs 184.55 

Determination of Article 1. 

Reimbursement 184.56 Article 2. 

Accounting and Reporting Subchapter 9. 

Requirements 184.57 

Utilization of the Subchapter 10. 

Regional Market Rate 

Ceiling 184.60 Article 1 . 

General Provisions 184.60 Article 1.5. 

General Child Care Article 2. 

Programs 184.63 Article 2.5. 

General Provisions 184.63 

Family Data File 184.64 

Enrollment 184.68(c) 

Admission Policies and Article 3. 

Procedures 184.68(d) Article 4 

Parent Fees 184.69 Subchapter 11. 

Due Process Requirements .... 184.70 

State Preschool Program 184.71 Article 1. 

Scope of Chapter 184.71 Article 2. 

Enrollment Priorities 184.71 

Subchapter 12. 

Other Requirements 184.72 

Article 1. 
School-Age Parenting and a • i o 

Infant Development 

Programs 184.72 

^ , ^ Subchapter 13. 

General Provisions 184.72 

Subchapter 14. 
Fiscal Provisions 184.73 

Educational Provisions 184.73 Subchapter 15. 

Personnel Provisions 184.73 



Title Table of Contents 

Page 

Structural and Safely 

Provisions 184.73 

Health Provisions 184.73 

Nutrition Provisions 184,73 

Social Services Provisions 184.73 

Campus Child Care 

Program 184.73 

Federal Based Migrant 

Program 184.74 

Scope of Chapter 1 84.74 

Eligibility and Enrollment 

Priorities 184.74 

State EJased Migrant 

Program 1 84.74 

Scope of Chapter 1 84.74 

Eligibility and Enrollment 

Priorities 184.74 

School Age Community 

Child Care Services 

Program (Latch Key) 1 84.74 

Scope of Chapter 1 84.74 

General Provisions 184.75 

Severely Handicapped 

Program 1 84.75 

Alternative Payment 

Program 184.76 

Scope of Subchapter 184.76 

General Provisions 184.76 

Policies and Procedures 184.76 

Receipt of Notification of 
Temporary Suspension Order, 
License Revocation, or 
Probation. Notification of 

Parents and Facihties 184.76(a) 

Services and Payments 184.76(a) 

Records 184.76(b) 

Resource and Referral 

Program 184.76(b) 

Scope of Subchapter 184.76(b) 

Resource and Referral 

Service 184.76(b) 

Program Quality 1 84.77 

Scope of Chapter 184.77 

General Program 

Requirements 1 84.77 

Staffing Ratios 184.79 

Waiver of Qualifications 

for Site Supervisor 184.79 

Appeal and Dispute 

Resolution Procedures 184.79 



• 



Article 2. 

Chapter 19. 
Subchapter 1. 

Article 1. 
Article 2. 
Article 3. 

Article 4. 

Article 5. 
Subchapter 2. 
Article 1. 
Article 2. 
Article 3. 
Article 4. 

Article 5. 

Subchapter 2.5 

Article 1. 
Subchapter 3. 

Article 1. 
Article 2. 
Article 3. 
Article 4. 

Article 5. 

Article 6. 
Subchapter 4. 

Article 1. 

Article 2. 

Article 3. 
Subchapter 5. 

Article 1. 
Article 2. 
Article 3. 
Article 4. 



Page ix 



Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Chapter 19.5. CalWORKs and Child Care and 

Development Programs 184.81 

Subchapter 1. Definitions 184.81 

Article 1. General Provisions 184.8! 

Subchapter 2. CalWORKs Stage 2 Child 

Care Program 1 84.82 

Article 1. General Provisions 184.82 

Article 2. Requirements and Procedures 
for Receiving CalWORKs 
Stage 2 Services 184.82 

Article 3. Requirements for Family Data 

File 184.85 

Article 4. Provider Payments and Parent 

Fees 184.85 

Article 5. Program Policies 184.86 

Article 6. Data Reporting 1 84.86 

Article 7. Program Quahty 184.86 

Articles. Due Process 184.86 

Subchapter 3. CalWORKs Stage 3 Child 

Care Program 184.87 

Article 1. General Provisions 184.87 

Article 2. Requirements and Procedures 
for Receiving CalWORKs 
Stage 3 Services 184.87 

Article 3. Requirements for Family Data 

File 184.89 

Article 4. Provider Payments and Parent 

Fees 184.90 

Article 5. Program Policies 184.90 

Article 6. Data Reporting 184.90 

Article 7. Program Quality 184.90 

Article 8. Due Process 184.90 

Chapter 20. State Board of Education 

Procedures 184.91 

Subchapter 1. General Provisions 184.91 

Article 1. Public Hearing 184.91 

Subchapter 2. Procedure for Appearance 
of an Employee Under 
Government Code Section 
1028.1 184.91 

Subchapter 3. Procedures Relating to 

Instructional Materials 184.92 



CODE OF REGULATIONS Title 5 

Page 

Article 1. Procedures for the Public 
Display of Textbooks, 
Public Hearing Given the 
Curriculum Development and 
Supplemental Materials 
Commission, and Receipt of 
Comments from the Public 184.92 

Article 2. Procedures for Submission 
and Opening of Bids for 
Elementary Instructional 
Materials 184.92 

Subchapter 4. Procedures Relating to 
Hearings on Proposals 
and Petitions for the 
Reorganization of School 
Districts 184.93 

Subchapter 5. State Board of Education — 
Conflict of Interest 
Code 184.94 

Chapter 2 1 . Private Postsecondary Education 

Instructions 184.95 

Subchapter 1. General Provisions 184.95 

Subchapter 2. Applications and 
Affidavits by 
Institutions 184.97 

Subchapter 3. Standards for Evaluating 

the Institution 184.98 

Article 1. Institutions Approved Under 
Education Code Section 
94310.2 184.98 

Article 2. Institutions Authorized 
Under Education Code 
Section 94310.3 184.98 

Article 3. Institutions Approved Under 
Education Code Section 
94311(d) 184.98 

Subchapter 4. Agents 184.99 

Subchapter 5. Enforcement 184.100 

Article 6. Student Tuition Recovery 

Fund 184.100 

Chapter 22. Veterans Education 184.102 

Subchapter 1 . Approval of Nonaccredited 
Resident Courses in 
Educational 
Institutions 184.102 

Subchapter 2. Approval of 

Correspondence Courses 184.102 

Subchapter 3. Approval of Accredited 
Resident Courses in 
Educational 
Institutions 184.102 



Page X 



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Education 

Page 

Miscellaneous Provisions 184.103 Article 6. 

Instructional Television 184.103 Article 7. 

Classroom Instructional 

Television 184.103 Article 8. 

California Maritime Subchapter 2 

Academy 1 84. 103 Article 1 

Surplus Property 184.103 Article 2. 

Direct Shipment of Food Article 3. 

Commodities 184.103 

Performance Based Article 4. 

Accountability System 184.104 . • , c 

Library Services Provided by the 

State 184.106 Article 6. 

Article 7. 
Education Audit Appeals Panel . . . 185 

Subchapter 3 

General Provisions 185 

Summary Review; Appeals 185 Chapter 2. 

Audits of Cahfornia K-12 Local 

t:a ,■ \ • ,„. Article 1. 

bducation Agencies 186 

/-in- ,n. Article 2. 

General Provisions 186 

Audit Reports 187 

State Compliance Procedures: „, - 

T , r-j • * Chapter 3. 

Local bducation Agencies 

Other Than Charter Schools .... 190.1 

State Compliance Procedures: 

School Districts and » • i i 

_, o L , Article I. 

Charter Schools 190.15 

Article 2 
State Compliance Procedures: 

Charter Schools 190.19 

California State Library 191 Division 3 

Library Services Provided by the Chapter 1 

State 191 

Article 1. 

State Library 191 , . , ^ 

^ Article 2. 

General Provisions 191 . . , ^ 

Article 3. 

Interlibrary Loans 191 

Service to Individuals 191 Article 4. 

California Library 

Services 191 Article 5. 

General Provisions 191 

California Library Services Article 6. 

Board Procedures 192.1 Article 7. 

General Provisions for Article 8. 

Sy^f^"^^ 192.2 ArticlelO. 

System Reference 192.3 Article 1 1 

Consolidations and 

Affihations 192.4(a) 



Title Table of Contents 
Page 

Direct Loans I92,4(b) 

Communication and 

Delivery 192.4(b) 

Interlibrary Loans 192.4(c) 

Library of California 192.4(c) 

General Provisions 192.4(c) 

Definitions 192.4(d) 

Library of California 

Board 192.4(d) 

Eligible Libraries 192.4(c) 

Regional Library 

Networks 192.4(0 

Access Services 192.4(g) 

Statewide Services I92.4(i) 

Library Services for the 

Bhnd 192.4(1) 

California Library Construction 

and Renovation Board 192.4(1) 

General Provisions 192.4(1) 

California Library 
Construction and Renovation 
Program 192.4(1) 

California Reading and Literacy 
Improvement and Public Library 
Construction and Renovation 
Bond Act of 2000 192.57 

General Provisions 192.57 

California Library 
Construction and Renovation 
Program 192.58 

Teachers' Retirement System 193 

Teachers' FLetirement System 193 

Definitions 193 

Rules of Procedure 193 

General Provisions of 
Administration 193 

Tax Sheltered Annuity 
Contributions 195 

Retired Members Employed as 
Substitute Teachers 196 

Nomination of Beneficiaries 196 

Election of Options 196 

Rates 197 

Dependents 197 

State Teachers' Retirement 

Systenfi — Conflict of Interest 

Code 197 



Chapter 23. 
Subchapter 1 
Article 1. 

Subchapter 2 

Subchapter 3 
Article 1. 

Subchapter 4 
Chapter 24. 

Division 1.5. 

Chapter 1. 
Chapter 2. 
Chapter 3. 

Article 1. 
Article 2. 
Article 3. 

Article 3.1. 

Article 4. 

Division 2. 

Chapter 1 . 

Subchapter 1 
Article 1. 
Article 2. 
Article 3. 

Subchapter 2 

Article 1. 
Article 2. 

Article 3. 

Article 4. 
Article 5. 



Page xi 



Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Article 12. Unused Excess Sick Leave 199 

Article 13. Election of Members to the 

Teachers' Retirement Board 199 

Article 14. Investment Relationships and 

Campaign Contributions 200.2 

Division 4. California Student Aid 

Commission 201 

Chapter 1. California Student Aid 

Commission 201 

Article I. Definition of Certain Terms 201 

Article 2. Applicant Qualifications 202 

Article 3. Use of Cal Grants 204 

Article 4. State Guaranteed Loans 204 

Article 5. State Student Incentive 

Grant Program 204 

Article 6. Conflict of Interest Code 

Student Aid Commission 205 

Article 7. Statement of Purpose and 
Criteria for Approval as 
Processor for the Student 
Aid Application for 
California for Student Aid 
Commission Programs 206 

Article 8. Approval or Disapproval for 

Processing 206 

Article 9. The California Guaranteed 

Student Loan Program 206. l 

Article 10. The California Loans to 

Assist Students Program 208 

Article 11. Imposition of Civil 

Penalties, and Limitation, 

Suspension and Termination 

of Eligibility, Under the 

California Guaranteed 

Student Loan Program 

(CGSLP) and the California 

Loans to Assist Students 

(CLAS) Program 208.1 

Article 12. The Paul Douglas Teacher 

Scholarship Program 212 

Article 13. The California Teacher 

Shortage Loan Assumption 

Program 215 

Article 14. Assumption Program of Loans 

for Education 216 

.'Article 14.5. National Guard Assumption 
Program of Loans for 
Education 218 



CODE OF REGULATIONS Title 5 

Page 

Article 15. Process for Selecting an 
Organization to Provide 
Financial Need Analysis and 
Related Services and to Act 
as the Sole Processor of 
theSAAC 218.3 

Article 16. Federal Family Education 

Loan Program 2 1 8.4 

Article 17. State Nursing Assumption 
Program of Loans for 
Education for Nursing 
Faculty (SNAPLE-NF) 218.4 

Article 1 8. State Nursing Assumption 

Program of Loans for 
Education for Nurses in 
State Facilities (SNAPLE- 

NSF) 218.8 

Division 4.5. ScholarShare Investment 

Board 219 

Chapter 1 . Golden State Scholarshare Trust 

Program 219 

Chapter 2. Governor's Scholarship Programs 220.5 

Division 5. Board of Trustees of the 

California State Universities 221 

Chapter 1 . California State University 221 

Subchapter 1 . Definitions 221 

Subchapter 2. Educational Program 221 

Article 1 . General Function 221 

Article 2. Curricula 222 

Article 3. Special Sessions 223 

Article 4. Extension Courses 223 

Article 5. General Requirements for 

Graduation 224 

Article 6. Undergraduate Degrees 227 

Article 7. Graduate Degrees 229 

Article 8. Integrated Teacher 

Preparation Programs 230 

Article 9. Lower-Division Transfer 

Patterns by Major 231 

Subchapter 3. Admission Requirements 231 

Article 1 . Construction and 

Definitions 231 

Article 2. Estabhshment of Enrollment 232 

Article 3. Matriculation 233 

Article 4. Admission As First-Time 

Freshman 233 

Article 5. Admission As an 

Undergraduate Transfer 235 



• 



Page xii 



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Title 5 



Education 

Page 

Admission of Undergraduate 

Applicants Not Otherwise 

Eligible 238 

Admission to Bachelor of 

Music and Bachelor of Fine 

Arts Degree Programs 238.1 

Admission of Post- 
Baccalaureate and Graduate 
Students 238.1 

Requirements for Admission 

to Teacher Basic Credential 

Programs and Student 

Teaching and Recommendation 

for Teaching Credential 239 

Admission for Employee 

Training and Career 

Development 240 

Physical Examinations 240 

Supplemental Information 241 

Admission Experiments 241 

Student Affairs 241 

Scholastic Probation and 
Disqualification 241 

Student Conduct 241 

Student Body Organizations 243 

Nondiscrimination in Student 
Organizations 245 

Student Orientation 245 

Administration 245 

Community Relations 
Responsibilities 245 

Facilities and Services 246 

Fees 246 

Nonresident Tuition 248 

Housing 251 

Meals 252.3 

Parking 252.3 

Gifts, Donations, and 

Bequests to California 

State University 253 

Use of California State 

University Buildings and 

Grounds 253 

Disposition of Lost 

Property 255 

Means of Collection 255 

State College Special 

Projects Fund 255 



Title Table of Contents 
Page 

Emergency Meeting 255 

Privacy and Personal 

Information Management 255 

Alumni Associations 256 

Auxiliary Organizations 260 

General 260 

Functions of Auxiliary 
Organizations and 
Requirement for Written 
Agreements 262 

Organization and Operation 263 

Student Body Organization 

Funds 264 

Systemwide Auxiliary 

Organizations 264 

Employees 265 

Definitions 265 

Staff Organization and 

Appointment of Employees 266 

Management Personnel Plan .... 266.2 

Academic Year Employees at 
Campuses on Quarter System 
Year-Round Operations 266.4 

Twelve-Month Librarians 
Electing to Work on a Ten- 
Month Basis 267 

Compensation and Pay Plan 267 

Tax Deferred Retirement 

Benefit 271 

Vacafions 272 

Holidays 274 

Catastrophic Leave Donation 
Program 274 

Leaves of Absence with Pay 275 

Special Leaves for Research 

or Creative Activity 277 

Military Leave 277 

Leaves of Absence Other Than 
Leaves of Absence with Pay 277 

Reduced Worktime Program for 
All Employees Other Than 
Academic Teaching 
Employees 278 

Reduced Worktime Program for 

Academic Teaching 

Employees 279 

Preretirement Reduction in 

Time Base 281 

Faculty Early Retirement 

Program 282 



Article 6. 



Article 7. 



Article 8. 



Article 9. 



Article 10. 


Article 11. 


Article 12. 


Article 13. 


Subchapter 4, 


Article 1 . 


Arficle 2. 


Article 3. 


Ardcle 4. 


Arficle 5. 


Subchapter 5 


Article 1 . 


Article 2. 


Arficle 3. 


Arficle 4. 


Arficle 5. 


Arficle 6. 


Article 7. 


Arficle 8. 



Arficle 9. 

Article 10. 

Article 11. 
Article 12. 



Arficle 13. 
Article 14. 

Article 15. 

Subchapter 6. 

Article 1. 

Article 2. 



Arficle 3. 
Article 4. 

Article 5. 

Subchapter 7. 
Article 1. 
Article 2. 

Article 2.2. 
Article 2.5. 

Article 2.7. 

Article 3. 
Article 3.5. 

Article 4. 
Article 4. 1 . 
Article 4.2. 

Article 5. 
Article 5.1. 

Article 5.9. 
Article 6. 

Article 6.3. 



Article 6.4. 

Article 6.5. 
Article 6.7. 



Page xiii 



(7- 1I-200S) 



Title Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Article 7. 

Article 8. 
Article 8. 1 . 
Article 9. 
Article 9.5. 

Article 10. 

Article 11. 
Article 12. 
Article 13. 

Article 14. 

Article 14.1. 

Article 15. 

Article 15.1. 
Article 15.5. 



Article 15.6. 



Article 16. 



Article 16.1, 



Page 

Separation of Employees from 

Service for Lack of Funds 

or Lack of Work 283 

Termination of Employment of 
Probationary Employees 283 

Employees Performance 

Appraisal Requirements 283 

Change in Employment Status 

of Disabled Employees 283 

Industrial Disability Leave 
Benefits and Nonindustrial 
Disability Insurance for 
Disabled Employees 285 

Reassignment of 

Administrative Employees 285 

Disciplinary Actions 285 

Reinstatement 286 

Tenure Rights of Academic 
Employees 287 

Tenure Rights of 

Administrative Employees 290 

Permanent Status of 

Nonacademic Employees 291 

Tenure Rights of Employees 
Serving in Academic- 
Administrative Assignments 291 

Rules of Procedure for 
Appearance of an Employee 
Under Government Code 
Section 1028.1 



292 



Article 16.2. 
Article 17. 



Certification of Nonacademic 
and Administrative 
Employees to Confinue 
Employment Beyond Mandatory 
Retirement Age 292 

Certification of Tenured 

Faculty to Continue 

Employment Beyond Age 70 293 

Authority to Meet and Confer 

with Employee 

Organizations 293 

PubUc Notice of Initial 

Proposals of Exclusive 

Representatives and 

Cahfornia State 

University 296 

Bona Fide Associations 297 

Rules of Procedure for 
Grievance Proceedings for 
Academic Personnel 297 



Page 

Article 18. Rules of Procedure for 

Grievance Proceedings for 

Nonacademic and 

Administrative Personnel 297 

Article 19. Amendment 297 

Article 20. California State University — 

Conflict of Interest Code 297 

Article 21 . Effect of Memorandum of 
Understanding on 
Subchapter 298 

Subchapter 8. Environmental Quality 298 

Article 1 . General 298 

Article 2. Guidelines 299 

Article 3. Authority to Adopt New 
Rules, Orders and 
Procedures 299 

Subchapter 9. Contracts and Purchases 299 

Article 1 . Disabled Veteran Business 
Enterprise Participation 
Goal for California State 
University Contracts 299 

Article 2. Disabled Veteran Business 
Enterprise Participation 
Goal for Professional Bond 
Services 300 

Division 6. California Community Colleges .... 301 



Chapter 1 . 
Subchapter 1. 

Subchapter 2. 



Subchapter 3. 
Subchapter 4. 

Subchapter 5. 
Subchapter 6. 



Chapter 2. 
Subchapter 1 . 
Subchapter 2. 



Subchapter 3. 
Subchapter 4. 
Subchapter 5. 



Board of Governors 301 

Board of Governors' 

Procedures 301 

Board of Governors of the 

California Community 

Colleges — Conflict of 

Interest Code 301 

Committees 302 

Coordinating Council of 

Higher Education 302 

Chancellor 302 

Board of Governors and 
Chancellor's Office — 
Conflict of Interest 
Code 



302 



Community College Standards 302 

Minimum Conditions 302 

Invesfigafion and 

Enforcement of Minimum 

Conditions 308 

Faculty 309 

Standards of Scholarship 309 

Facilities 309 



Page xiv 



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Title 5 



Education 

Page 

Counseling Services 309 Article 3. 

Degrees and Certificates 309 Subchapter 4. 

Degrees and Certificates 309 Article 1 . 

Minimum Class Size 309 Article 2. 

New Colleges and 

Educational Centers 309 Subchapter 5. 

Open Courses 309 

Minimum Standards for Chapter 5. 

Colleges Operating Subchapter 1. 

Pursuant to Education 

Code 78007 and Not Subchapter 2. 

Receiving or Utilizing 

State or Local Funds 309 

Subchapter 2.5 
General Provisions 309 

Instructional Programs 310 Subchapter 3 

Faculty 310 Subchapter 4. 

Standards of Scholarship 310 Subchapter 4.5 

Facilities 310 Subchapter 5. 

Student Services 310 

Finances 310 Subchapter 6. 

Degrees and Certificates 310 Subchapter 7. 

District Responsibilities 310 Subchapter 8. 

Compliance 311 Article 1. 

Genera] Provisions 311 ^ 

Subchapter 1. 
Employees 311 

Equal Employment Article 1. 

Opportunity Programs 311 

General 311 

Other Specific Article 2. 

Responsibilities of 

Community College Article 3. 

^'''''^'' ^21 Article4. 

Faculty and Staff Diversity 

f"""^ ^'-^ Article5. 

Certificated Positions 324.1 

Special Non-Credentialed Article 6. 

Employees 324.1 Article 7. 

Sick Leave Transfer 324.1 Article 8. 

Evaluation of Academic Subchapter 2. 

Employees 324.2 

Academic Senates 324.2 Article 1 . 

Full-Time and Part-Time 

Faculty 326 Article 2. 

Scope and Definitions 326 

Proportions of Full-Time and Article 3. 

Part-Time Faculty, Article 4. 

Computation and Reports 327 



Title Table of Contents 

Page 

Enforcement 328 

Minimum Qualifications 328 

Scope and Definitions 328 

Qualifications and 

Equivalencies 3.30 

Faculty Internship 

Programs 333 

Students 334 

Student Residence 

Classification 334 

Parking for Students 

with Disabilities 338 

Medical Insurance for 

Hazardous Activities 338 

Attendance 338 

Student Equity 339 

Electronic Submissions 339 

Commercial Solicitation 

on Campus 340 

Student Records 340 

Health Services 341 

Student Organization 343 

Student Representation Fee 343 

Curriculum and Instruction 344 

Programs, Courses and 

Classes 344 

Program, Course and Class 

Classification and 

Standards 344 

Grading and Academic Record 
Symbols 348 

Probation and Dismissal 350 

Course Repetition and 

Academic Renewal 352 

Alternative Methods for 

Awajrding Credit 354 

The .Associate Degree 355 

Credit Certificates 357 

Educational Master Plans 357 

Approval by the 

Chancellor 357 

Approval of Credit 

Educational Programs 357 

Approval of Noncredit 

Courses and Programs 358 

Approval of Other Courses 362 

Approval of Colleges and 
Educational Centers 362 



Subchapter 6. 
Subchapter 7. 
Subchapter 8. 
Subchapter 9. 
Subchapter 10. 

Subchapter 11. 
Subchapter 15. 



Article 1. 
Article 2. 
Article 3. 
Article 4. 
Article 5. 
Article 6. 
Article 7. 
Article 8. 
Article 9. 
Article 10. 

Chapter 3. 

Chapter 4. 
Subchapter 1. 

Article 1. 
Article 2. 



Article 3. 

Subchapter 2. 
Article 1. 

Article 1.5. 
Article 1.6. 

Article 2. 
Subchapter 3. 

Article 1. 
Article 2. 



Page XV 



Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Article 5. Approval of Educational 

Master Plans 362.2 

Subchapter 3. Alternative Instructional 

Methodologies 362.2 

Article 1 . Distance Education 362.2 

Article 2. Excursions and Field Trips 363 

Article 3. Independent Study 364 

Article 4. Cooperative Work Experience 

Education 365 

Subchapter 4. Programs and Classes 

Outside of District 368 

Subchapter 5. Educational Master Plans 

[Repealed] 371 

Subchapter 5.5. Excursions and Field 

Trips [Repealed] 372 

Subchapter 6. Matriculation Programs 372 

Article 1. Scope and Definitions 372 

Article 2. Planning and Administration 373 

Article 3. Matriculation Services 374 

Article 4. Appeals, Waivers, Student 
Rights and 
Responsibilities 376 

Subchapter 7. Contract Education 377 

Article 1. Contracts with Providers of 

Career Technical Education 377 

Article 2. Contracting Standards 378 

Article 3. Contract Provisions 379 

Article 4. Regional Adult and 
Vocational Education 
Councils [Repealed] 379 

Article 5. Calculation and Payment of 
Excess Costs of 
Apprenticeship Classes 380 

Subchapter 8. Academic Calendar 380 

Article 1. 175-Day Minimum Academic 

Calendar 380 

Article 2. Flexible Calendar 

Operations 380 

Subchapter 9. Libraries 380.4 

Subchapter 11. New Colleges and 
Education Centers 
[Repealed] 380.5 

Subchapter 12. Libraries [Repealed] 380.6 

Chapter 7. Special Programs 380.6 

Subchapter 1. Disabled Student Programs 

and Services 380.6 

Article 1 . General Provisions and 

Definitions 380.6 



CODE OF REGULATIONS Title 5 

Page 

Article 2. DSPS Services 380.7 

Article 3. Reports, Plans and Program 

Requirements 380.9 

Article 4. Funding and Accountability 382 

Subchapter 2. Extended Opportunity 

Programs and Services 383 

Subchapter 2.5. Extended Opportunity 

Programs and Services 384 

Article 1 . General Provisions and 

Definitions 384 

Article 2. Student Eligibility and 

Responsibility 385 

Article 3. Program Standards 386 

Article 4. EOPS Financial Aid 

Standards 388 

Article 5. Staffing Standards 388 

Article 6. Plans and Priorities 389 

Article 7. Funding and Expenditures 390 

Subchapter 3. Educational Programs and 
Services for Students 
with Learning 
Disabilities 392 

Subchapter 4. The Community College 
Real Estate Education 
Endowment Fund 392 

Subchapter 5. Fund for the Improvement 

of Instruction 394 

Article 1 . General 394 

Article 2. Grants 394 

Article 3. Loans 394.1 

Subchapter 6. Underrepresented Students 

Special Project Fund 394.2 

Chapter 8. Construction 394.2 

Subchapter 1. Community College 

Construction Act 394.2 

Subchapter 1.5. Energy and Resource 

Conservation 394.6 

Subchapter 2. Environmental Quality 394.8 

Subchapter 3. District Funded 

Construction Projects 394.9 

Subchapter 4. Deferred Maintenance 394.9 

Chapter 9. Fiscal Support 394.10 

Subchapter 1 . Attendance 394.10 

Article 1 . General Provisions 394.10 

Article 2. Attendance Reporting 

Procedures 394.11 

Article 3. Tabulations 394.14 

Article 4. Support Documentation 394.15 



Page xvi 



(7-11^2008) 



Title 5 



Education 
Page 

Attendance Accounting Article 2. 

Standards 394. 16 Article 3 

Limitations on State Aid 394.18 

Open Courses 394.18 

175-Day Rule 394.20 Subchapters. 

(Reserved) 394.20 

(Reserved) 394.20 

Other Limitations 394.20 

Interstate Attendance 394.25 

Budgets and Reports 394.26 Article 1 

Student Fees 394.29 Article 2. 

Enrollment Fee and Article 3. 

Differential Enrollment 

F^^ -^94.29 Articled 

Student Center Fee 394.31 

Transportation Services Subchapter 6. 

Fees 394.32 

Student Financial Aid 394.32 Subchapter 7. 

Community College General 

Apportionment Funding 394.34 Subchapter 7. 

General Provisions 394.34 

Subchapter 8. 
Credit Instruction 394.35 ^ , , 

Subchapter 9. 

Credit Instructional 

Services 394.35 

Credit Student Services 394.36 

Maintenance and Division 7 

Operations 394.37 

Institutional Support 394.38 „, , 

^' Chapter 1. 

Noncredil Activities 394.38 Subchapter 1 . 

Allocation Process 394.38 Article 1 

Reporting Procedures 394.40(b) Article 2. 

Community College 

Administration 394.40(b) 

„, Article 3. 

Warrants 394.40(b) 

^ . ^ „ ^ , Article 4. 

Community College Budget 

and Accounting Manual 394.40(c) Article 5. 

Retention and Destruction 

of Records 394.41 Article 7. 

General Provisions 394.41 

Period of Retention 394.41 c u u ^ i 

Subchapter 2. 

Procedures for Destruction 394.42 Article 1 

Audits and Reviews 394.43 Article 2 

Administration of Article 3. 

Education Code 84362 394.45 c u u . t 

Subchapter 3. 

Auxiliary Organizations 394.47 Article 1 

Scope and Definitions 394.47 



Title Table of Contents 



Article 5. 

Subchapter 2. 

Article 1. 

Article 2. 

Article 3. 

Article 4. 

Article 5. 
Subchapter 3. 
Subchapter 4. 
Subchapter 6. 

Article 1. 

Article 2. 
Article 3. 

Subchapter 7. 
Subchapter 8. 

Article 1. 
Article 2. 
Article 3. 

Article 4. 
Article 5. 

Article 6. 
Article 7. 
Article 8. 
Article 9. 

Chapter 10. 

Subchapter 1. 
Subchapter 2. 

Subchapter 2.5 

Article I. 

Article 2. 

Article 3. 
Subchapter 3. 
Subchapter 4. 

Subchapter 4.5 
Article 1. 



Page 

District Responsibilities .394.48 

Board of Governors and 

Chancellor's Office 

Responsibilities 394.50 

Nondiscrimination in 

Programs Receiving State 

Financial Assistance 

Through the Chancellor 

or Board of Governors of 

the California Community 

Colleges 394. .50 

General 394.50 

Definitions 394.5) 

District Compliance and 
Enforcement 394.52 

Chancellor's Procedure to 

Effect Compliance 394.55 

Waiver of Part-Time 

Instructor Limit 394.56 

Instructional and Other 

Materials 394.56 

5. Student Financial 

Obhgations 394.57 

District Reorganization 394.57 

Nondiscrimination in 

Public Works Contracting 

in the California 

Community Colleges 394.57 

Board of Governors of the 

California Maritime Academy 395 

California Maritime Academy 395 

Employees 395 

Organization 395 

Appointment, Promotion and 
Tenure of Non-Civil Service 
Employees 395 

Tenure and Notice 396 

Grievances 396 

Discipline 396 

Resignation 396 

The California Maritime 

Academy — Conflict of 

Interest Code 396 

Administration 396 

Means of Collection 396 

Emergency Meeting 397 

Emergency Meeting 397 

Student Fees 397 

Establishment and Collection 

of Fees 397 



Page xvii 



Title Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Article 2. 
Article 3. 

Division 7.5. 



Page 

Determination of Residency 397 

Refund of Fees 397 



Private Postsecondary 
Education 



401 



Chapter 1 . Council Administration 401 

Article 1. General Provisions 401 



Chapter 2. 



Article 1. 


Article 2. 


Article 3. 


Article 3.5 


Article 4. 


Article 5. 



Article 6. 



Article 7. 


Article 8. 


Article 9. 


Article 10. 


Article 11. 


Article 12. 


Article 13, 


Article 14. 


Article 15, 


Article 16. 


Article 17. 


Article 18. 



Degree-Granting Private 

Postsecondary Educational 

Institutions 401 

General Provisions 401 

Application for Approval to 

Operate and Offer 

Educational Programs 402. l 

Processing of Applications 

for Approval 402.4(c) 

Applications from 

Institutions Operating on 

December 31, 1990 402.4(d) 

Visiting Committees 402.4(d)(1) 

Emerging Fields of Study 
and Innovative Methods of 
Instruction 402.4(f) 

Change in the Location of 
Instruction 402.4(g) 

Addition of a Location 402.4(h) 

Change of Mission, Purposes, 

or Objectives or Primary 

Method of Instruction 402.4(i) 

Change of Institutional 

Name 402.40) 

Requirements for Branch and 
Satellite Locations 402.4(k) 

Institutional Operating 

Standards 402.4(k) 

Admissions and Academic 
Achievement Standards 402.4(n) 

Contract, Refund, and 

Catalog Requirements 402.4(o) 

Special Provisions Regarding 
Correspondence Instruction 

402.4(p) 

Undergraduate Degree 

Programs 402.4(p) 

Graduate Degrees 402.4(q) 

Prior Experiential 

Learning 402.4(s) 

Reports 402.4(s) 



Page 

Article 19. Maintenance and Production 

of Records 402.4(t) 

Chapter 3. Regionally Accredited Out-of- 
State Degree-Granting Private 
Postsecondary Educational 
Institutions 402.4(u) 

General Provisions 402.4(u) 

Application for Approval to 

Operate and Offer 

Educational Programs 402.4(v)(l) 

Visiting Committees 402.4(v)(5) 

Change and Addition of 
Location and Change of 
Name 402.4(v)(6) 

Change of Mission, Purpose 

and Objectives 402.4(v)(8) 

Requirements for Branch and 
Satellite Locations 402.4(v)(8) 

Institutional Operational 

Standards 402.4(v)(9) 

Admissions and Academic 
Achievement Standards . . . 402.4(v)(il) 

Contract. Refund, and 

Catalog Requirements 402.4(v)(ll) 

Special Provisions Regarding 

Correspondence 

Instruction 402.4(v)(l2) 

Undergraduate Degree 

Programs 402.4(v)(l2) 

Graduate Programs 402.4(v)(13) 

Prior Experiential 

Learning 402.4(v)(l4) 

Reports 402.4(v)(i4) 

Maintenance and Production 

of Records 402.4(v)(l5) 

Chapter 4. Vocational and Non-Degree 

Granting Schools 402.4(v)(l6) 

Article 1. General Provisions 402.4(v)(16) 

Article 2. Application for Approval to 

Operate 402.4(v)(l6) 

Article 3. Processing of Applications 

for Approval 402.1 1 

Article 4. Change of Institutional 

Name 402.li 

Article 5. Change in the Location of 

Instruction 402.12 

Article 6. Certificate of Authorization 

for Service 402.13 

Article 7. Institutional Operating 

Standards 402.14 



Article 1. 


Article 2. 


Article 3. 


Article 4. 


Article 5. 


Article 6. 


Article 7. 


Article 8. 


Article 9. 


Article 10. 


Article 1 1 . 


Article 12. 


Article 13. 


Article 14. 


Article 15. 



Page xviii 



(7-11-2008) 



Title 5 



Education 

Page 

General Provisions Regarding Article 8. 

Institutional Operations 402.15 

Additional Requirements for 

Institutions Subject to Article 9. 

Article 7 402.17 

Reports 402.18 

Article 10. 
Maintenance and Production 

of Records 402.19 

Provisions Applicable to All Article 1 2. 

Approved Postsecondary Article 13. 

Institutions 402.20 

Fees and Payment Schedule . . . 402.20 

Change of Ownership or 

Control 402.21 Divisions. 

Probation 402.22 

General Provisions 402.23 Chapter 1 . 

Provisions Governing 

Temporary Approvals to 

Operate 402.25 Article 1 . 

Agents and Agencies 402.25 Article 2 

Agents 402.25 

Agencies 402.26 

Article 3. 
Student Tuition Recovery Fund 402.26 

General Provisions 402.26 Article 4. 

Assessment 402.27 

.. , „ , Article 5. 

Payments rrom the Fund 402.28 

Special Assessments 402.29 

Registered Educational Services 

and Programs 402.29 

Definitions 402.29 . . , _ 

Article 7. 

Purpose and Scope of 

Chapter 402.30(a) 

Chapter 2. 
Initial and Re-Registration, 

Annual Fees, and Report . , 

Ti • . .r,^ o„ Article 1. 

Requirements 402.30(a) 

XT -r- • r^u Article 2. 

Notification oi Changes or 

Amendments to Article 3. 

Registration 402.31 Article 4. 

General Provisions 402.31 Chapter 2 5 

Intensive English Language Article 1. 

Program Definition and 

Requirements 402.32 a ' ^1 9 

Short-Term Career Training 

Definition and Chapter 3. 

Requirements 402.32 Article I . 



Title Table of Contents 

Page 

Short-Term Seminar Training 

Definition and 

Requirements 402.33 

License Examination 
Preparation Definition and 
Requirements 402.34 

Continuing Education 

Definition and 

Requirements 402.34 

Tuition Refunds 402.35 

Grounds for Denial, 
Complaint Investigations, 
Revocation, and Hearing 
Procedures and Remedies 402.35 

Commission on Teacher 
Credentialing 403 

Credentials Issued Under the 

Teacher Preparation and 

LicensingLaw of 1 970 403 

General Provisions and 

Definitions 403 

Credential Types, 

Authorizations, and 

Requirements 404.6 

Examinations and Subject 

Matter Programs 428 

Approval of Programs of 
Professional Preparation 4.34.1 

Permits Authorizing Service 

in Child Care and 

Development Programs 434.1 

Positions Requiring 

Administrative Credentials 

or Supervision Credentials 440 

Code of Ethics of the 

Teaching Profession 440 

Rules of Procedure for the 

Commission 441 

General Provisions 441 

Rules of Procedure 441 

Conflict of Interest Code 441 

Information Practices 443 

Approved Programs 443 

Professional Preparation 

Programs 443 

Off-<Campus Programs 443 

Committee of Credentials 443 

General Provisions 443 



Article 8. 
Article 9. 

Article 10. 
Article 1 1 . 

Chapter 5. 

Article 1. 
Article 2. 

Article 3. 
Article 4. 
Article 5. 

Chapter 6. 
Article 1. 
Article 2. 

Chapter 7. 
Article 1. 
Article 2. 
Article 3. 
Article 4. 

Chapter 8. 

Article 1. 
Article 2. 

Article 3. 

Article 4. 

Article 5. 
Article 6. 

Article 7. 



Page xix 



Title Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Page 

Article 2. Duties and Functions of the 
Committee of Credentials; 
Guidelines 445 

Article 3. Rules of Conduct for 

Professional Educators 447 

Chapter 4. Procedure for Application for, 

Adding Authorization to, and 

Renewal of Credentials 430 

Article 1 . General Provisions 450 

Article 2. Direct Application to the 

Commission 452 

Articles. Recommendation of the 

Applicant by the 

Institution 455 

Article 4. Fees for Credentials 456 

Article 6. Denial of Application for 

Credentials 456.2 

Article 7. Requirements and Procedures 
for Renewing Professional 
Clear Multiple and Single 
Subject Teaching 
Credentials, Service or 
Specialist Credentials, and 
Designated Subjects Adult 
and Vocational Education 
Teaching Credentials 460 



Page 

Chapter 5. Approved Programs 460.5 

Article 1. Procedure for Validation 460.5 

Article 2. Professional Preparation 

Programs 461 

Article 3. Other Program Approval 

Procedures 466 

Subarticle J. Faculty Participation in 

the Public Schools 466 

Subarticle 2. Guidelines for Staff 

Development Programs for 

Teachers of English 

Learners 467 



Division 9. 

Chapter L 



Secretary for Education 



477 



Education Technology Grant 

Program 477 



Page XX 



jB^ 



Barclays Official 

California 

Code of 
Regulations 



Title 5. Education 

Division 1. California Department of Education 



Vol.6 



XMOIVISOIM 

* 

\A/EST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Title 5 



California Department of Education 



Table of Contents 



Division 1. California Department of Education 



Table of Contents 



Page 



Page 



Chapter 1 . General Provisions i 

Subchapter 1. Citation and Definitions i 

§ 1. Citation. 

{j 2. Definitions. 

Subchapter 2. School Sessions l 

Subchapter 3. Flag of the United 

States 1 

Subchapter 4. Affirmative Action 

Employment Programs 1 

§ 30. Statement of Policy. 

§ 31. Development and Implementation 

ot Programs. 

Subchapter 5. Public Records l 

§ 50. Access to Public Records of the 

State Department of Education. 
§31. Obtaining Copies of Public 

Records. 

Subchapter 6. Department of Education — 
Conflict of Interest 
Code 2 

§ 70. General Provisions. 

Appendix 2 

Subchapter 7. Plans to Alleviate Racial 

and Ethnic Segregation 

of Minority Students 2 

§ 90. Policy. 

§91. Findings and Intentions. 

§ 92. Definitions. 

§ 93. Identification of Segregated 

Schools. 
§ 94. Preparation of District Plans. 

§95. Contents of District Plan. 

§ 96. Community Involvement. 

§ 97. Racial and Ethnic Survey. 

§ 98. Publication by Governing Board. 

§ 99. Certification by Governing Board. 

§ 100. Responsibility of the Department. 

§101. Responsibihty of County 

Superintendent of Schools. 

Chapter 2. Pupils 3 

Subchapter 1 . General Provisions 3 

Article 1. Admission and Exclusion of 

Pupils 3 

§ 200. Admittance to First Grade from 

Kindergarten. 
§ 201 . Admission to High School. 

§ 202. Exclusion of Pupils with a 

Contagious Disease. 

Article 2. Duties of Pupils 4 

§ 300. Duties Generally. 

§ 301 . Duty to Refrain from Certain 

Conduct. 



§ 302. 



Pupils to Be Neat and Clean on 
Entering School. 



§430. 
§431. 

§432. 
§ 433. 

§434. 



§ 303. 


Duly to Remain at School. 


§ 304. 


Leaving Room at Recess. 


§ 305. 


Pupil Responsible for Care of 




Property. 


§ 306. 


Explanation of Absence. 


§307. 


Participation in School Activities 




Until Departure of Bus. 


Article 3. 


Privileges of Pupils 


§ 350. 


Fees Not Permitted. 


§351. 


Work or Services Required of 




Pupils. 


§ 352. 


Detention During Recess or Noon 




Intermission. 


§ 353. 


Detention After School. 


Subchapter 2. 


Records of Pupils 


Article 1. 


Attendance Records and 




Accounting 


§400. 


Attendance Records. 


§401. 


Forms and Procedures for 




Recording Attendance. 


§402. 


Attendance That May Be Counted. 


§403. 


Pupils Enrolled for the Minimum 




School Day. 


§404. 


Pupils Whose Attendance Is 




Reported by Clock Hour. 


§405. 


Actual Attendance Counted. 


§406. 


Attendance Reported by Clock 




Hour. 


§407. 


Attendance Recorded in Minutes. 


§408. 


Compulation of Attendance for 




Classes Recorded in Minutes. 


§409. 


Deduction of Attendance of Pupils 




in Remedial Classes Maintained by 




a County Superintendent. 


Article 1.1. 


Record of Verification of 




Absence Due to Illness and 




Other Causes 


§420. 


Absences Allowable as Attendance. 


§421. 


Method of Verification. 


§422. 


Recording of Absence Due to 




Illness or Quarantine. 


§423. 


Prolonged Illness. 


§424. 


Prior Registration and Attendance 




PLequired. 


Article 2. 


Emergency Average Daily 




Attendance 


§428. 


Material Decrease. 


§429. 


Inability to Maintain Schools for the 




Prescribed Minimum Fiscal Year. 


Article 3. 


Individual Pupil Records 



Definition. 

Responsibilities of Local Governing 

Boards. 

Varieties of Pupil Records. 

Maintenance and Security of Pupil 

Records. 

Access to Pupil Records. 



Page i 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 





Page 




Page 


§ 435. 


Procedure for Access to Pupil 


§611. 


Issuance and Periodic Updating of 




Records. 




Advisory. 


§436. 


Rights of Parents and Adult Pupils. 


Article 5. 


School Environment for 


§ 437. 


Retention and Destruction of Pupil 








Records. 




Pupils 12 


§ 438. 


Transfer of Records. 


§630. 


Condition of School Premises. 


Article 4. 


Records Identifying and 


§631. 
§ 632. 


Maintenance. 

School Crossing Signs. 




Accounting for Project- 


Article 6. 


Pupil Fingerprinting 




Connected Pupils 8 




Program 13 


§ 450. 


Records Identifying 


§640. 


Definitions. 




Project-Connected Pupils. 


§641. 


Standards. 


Subchapter 3. 


Health and Safety of 


Article 7. 


Safe Schools Assessment 




Pupils 8 




Program 13 


Article 1. 


Fire Drills 8 


§700. 


Definifions. 






§701. 


School Crime and Incident 


§ 550. 


Fire Drills. 




Reporting Procedures. 


Article 2. 


Civil Defense Plans and 


§702. 


Guidelines for Reporting and 
Required Documentation. 




Drills 8 


§704. 


Certification of Report. 


§ 560. 


Civil Defense and Disaster 


§ 705. 


Failure to Submit or Intentionally 




Preparedness Plans. 




Submitting Misleading Data. 


Article 3. 


School Safety Patrols 


Subchapter 3.5. 


Leroy Greene Assessment 




(Traffic Safety) 8 




of Academic Achievement 16 


§570. 


Establishment and Supervision. 


§800. 


General Testing Provisions. 


§571. 


Age or Grade of Members. 


§801. 


Reporting Test Results. 


§ 572. 


Where School Safety Patrols May 


§802. 


Waiver Criteria. 




Be Used. 


Subchapter 3.75. 


Standardized Testing and 


§ 573. 
§ 574. 


Hours on Duty. 

Operating Procedure at Crossings 




Reporting Program 17 




Where School Safety Patrols Are 


Article 1. 


General 17 


§ 575. 
§ 576. 


Stationed. 

School Safety Patrol Crossing Sign. 

Uniforms and Insignia. 


§ 850. 
§ 850.5. 


Definitions. 

School District Liability. 






Article 2. 


Designated Achievement Test, 


Article 4. 


Vision Testin<^ 9 










Standards-Based Achievement 


§ 590. 


Duly Authorized Agency. 






§591. 


Employees Authorized to Give 




Tests, Alternate 




Tests. 




Assessment, and Designated 


§ 592. 


Acceptable Course in Vision 
Testing. 




Primary Language Test 18 


§ 593. 


Responsibility as to Eligibility. 


§851. 


Pupil Testing. 


§ 594. 


Test of Visual Acuity. 


§ 852. 


Pupil Exemptions. 


§ 595. 


Appraisal of Color Vision. 


§ 853. 


Administration. 


§596. 


Gross External Observation of the 


§ 853.5. 


Use of Variations, Accormnodations, 




Children's Eyes, Visual 




and Modifications. 




Performance and Perception. 


§ 854. 


Advance Preparation for the Tests. 






§ 855. 


Testing Period. 


Article 4. 1 . 


Administering Medication to 


§ 856. 


Sales and Use Tax. 




Pupils or Otherwise 


§ 857. 


District STAR Coordinator. 




r 


§ 858. 


STAR Test Site Coordinator. 




Assisting Pupils in the 


§ 859. 


STAR Test Security Agreement and 




Administration of 




Test Security Affidavit. 




Medication During the 


§860. 


Standard Agreement Between 






School Districts and Publisher. 




Regular School Day lO.i 


§861. 
§862. 


School-By-School Analysis. 
Apportionment Informafion Report. 


§600. 


Authorization. 


§601. 


Definitions. 


§863. 


STAR Student Reports and 


§602. 


Written Statement of Authorized 




Cumulafive Record Labels. 




Health Care Provider. 


§864. 


Reporting Test Scores. 


§603. 


Written Statement of the Parent or 


§ 864.5. 


Test Order Information. 




Legal Guardian. 


§ 865. 


Transportafion. 


§604. 


Administration of Medication to 


§866. 


School District Delivery. 




Pupils or Otherwise Assisting Pupils 


§867. 


Test Site Delivery and Return. 




in the Administration of 


§ 867.5. 


Retrieval of Materials by 




Medication. 




Contractor. 


§ 605. 


Self- Administration of Medication. 


§868. 


Discrepancy Resolution for 


§606. 


Delivery and Storage of 




Designated Achievement Test, 




Medication. 




Standards-Based Achievement 


§607. 


Documentation. 




Tests, and Designated Primary 


§608. 


Deviation from Authorized Health 




Language Test. 




Care Provider's Written Statement. 


§869. 


Performance of Designated 


§609. 


Unused, Discontinued and Outdated 




Achievement Test Publisher. 




Medication. 


§870. 


Apportionment to School Districts. 


§610. 


Applicabihty of this Article. 


§871. 


Payment of Publisher. 



Page ii 



(7-U-2008) 



Title 5 



California Department of Education 



Table of Contents 



• 



• 



• 



§874. 
vj 875. 

Article 2.5. 

§876. 
Arlicle 3. 

§ 880. 
§881. 
§ 882, 
§ 883. 
§884, 
§ 885. 
§886. 

§887. 
§888. 

§889. 

§ 890. 
§891. 
§ 892. 
§ 893, 
§894, 
§ 895. 
§896. 
§897, 
§898, 
§899. 

§900. 

§901. 
§902. 
§ 903. 
§904. 

Subchapter 3.8. 
§ 1000. 

§ 1000.1. 

§ 1000.2. 

§ 1000.3. 

§ 1000.4. 
§ 1000.5. 

§ 1000.6. 

§ 1000.7. 
Subchapter 4. 



Article 1. 



Page 

Performance Bond. 
Standard Agreement Form for the 
Designated Achievement Test. 
Delivery Schedule and Order Form. 
School District Liability. 

Golden State Seal Merit 

Diploma 28 

Golden State Seal Merit Diploma. 

Designated Primary Language 

Test 29 

Pupil Testing. 

Pupil Exemptions. 

Administration. 

Advance Preparation for Test. 

Testing Period. 

Sales and Use Tax. 

STAR Program District 

Coordinator. 

STAR Test Site Coordinator. 

STAR Test Security Agreement and 

Test Security Affidavit. 

Standard Agreements Between 

School Districts and Publisher(s). 

School-By-School Analysis. 

Apportionment Information Report. 

Parent Reports. 

Reporting Test Scores. 

Test Order Information. 

Transportation. 

School District Delivery. 

Test Site Delivery. 

Retrieval of Materials by Publisher. 

Discrepancy Resolution for 

Designated Primary Language 

Test(s). 

Performance of Designated Primary 

Language Test Publisher(s). 

Apportionment. 

Payment of Publisher. 

Performance Bond. 

Standard Agreement Form for Any 

Designated Primary Language Test. 

Quality Education 

Investment Act of 2006 3i 

Eligibility, Assignment of Random 

Order, and Determination of 

Program Option. [Repealed] 

Submission of Applications Under 

Education Code Section 52055.740. 

[Repealed] 

Submission of Applications Under 

Education Code Section 52055.760. 

[Repealed] 

Submission of Applications for 

Priority Approval. [Repealed] 

Review of Applications. [Repealed] 

Selection of Schools for Funding. 

[Repealed] 

Geographic Distribution by County 

and Distribution by Grade Span. 

[Repealed] 

Definitions. [Repealed] 



Statewide Testing of 
Pupils and Evaluation 
Procedures 



§ 1020. 
§ 1021. 
§ 1022. 



Achievement Testing 
Programs 

Definitions. 

Tests and Procedures. 

Recording Test Scores. 



32 



32 



Page 

§ 1023. Security of Test Material, 

§ 1023.1. Practice Exercises. 

§ 1024. Responsibility of the County 

Superintendent of Schools. 
§ 1025. Related Information. 

§ 1026. Reporting Test Results. 

Article 1.5. Education Improvement 

Incentive Program 33 

§ 1030. Computation of Change in a 

Schools Performance. 

Article 1.6. Immediate Intervention/ 
Underperforming Schools 
Program (II/USP) and High 
Priority Schools Grant 
Program (HPSGP): Definition 
of Significant Growth and 
Criteria to Determine 
Academic Growth for Il/USP 
and HPSGP Schools Without 
Valid API's 33 

§ 1030.5. Definition of Significant Growth for 

ll/L'SP Schools. 
§ 1030.6. Criteria to Demonstrate Significant 

Growth for II/USP Schools Without 

Valid APIs. 
§1030.7. Definition of Significant Growth for 

HPSGP Schools. 
§ 1030.8. Criteria to Demonstrate Academic 

Growth Equivalent to Significant 

C}rowth for HPSGP Schools Without 

Valid APIs. 

Article 1.7. Award Programs Linked to the 

Academic Performance Index 

(API) 34 

§1031. Intent of the Regulations. 

§ 1032. General Eligibility Criteria for 

Award Programs Related to API 

Growth. 
§ 1033. Award Funding Criteria for 

Governor's Performance Award 

Program. 
§ 1034. Specific Eligibility Criteria for the 

Certified Staff Performance 

Incentive Act. 
§1035. Award Funding Criteria for 

Certificated Staff Performance 

Incentive Act. 
§1036. Waiver Deadline. 

§ 1037. Exemption from Statutory Benefits 

Calculations. 
§ 1038. Exemption from Indirect Costs. 

§ 1039. Use of Award Funds Allocated to 

School Sites. 

Article 2. Physical Performance Testing 

Programs 37 

§ 1040. Definitions. 

§1041. Required Program. 

§ 1042. Recommended Program. 

§ 1043. Methods of Administration. 

§ 1043.2. Test Administration Training. 

§ 1043.4. District Physical Fitness Test 

Coordinator. 
§ 1043.6. Data for Analysis of Pupil 

Proficiency. 
§ 1043.8. Reporting Test Scores. 

§1043.10. Reports of Results. 

§1044. Recording Test Scores. 

§1045. Responsibility of County 

Superintendent of Schools. 



Page iii 



(7 -11-2^1 )S) 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 







Page 


§ 1046. 


Use of Reports. 




Article 2.5. 


Testing Variations/ 






Accommodations 


. 38.1 


§ 1047. 


Testing Variations and 
Accommodations Available to 
Pupils. 




§ 1048. 


Testing Variations Available to 
English Learners. 




Article 3. 


Reading Testing Programs in 






Grades 1 , 2, and 3 


. 38.1 


Article 4. 


Alternative Assessment Pilot 






Project 


. 38.1 


§1061. 


Eligibility. 




§ 1062. 


Application Process. 




§ 1063. 


Mandatory Application 
Requirements and Review Process. 




§ 1064, 


Quality Requirements and Review 
Process. 




§ 1065. 


Eligibility of Agency Providing 
Independent Evaluation. 




§ 1066. 


Evaluation of Proposals to Conduct 
Independent Evaluation. 




§ 1067. 


Rating Criteria for Selecting 
Independent Evaluation Agency. 




Article 5. 


Alternative Schools 
Accountability Model Pre- 






Post Assessments 


...39 


§ 1068. 


Application of this Article. 




§ 1069. 


Definitions. 




§ 1070. 


Administration of Pre-Post 
Assessment Instrument. 




§1071. 


Test Administrator Eligibility. 




§ 1072. 


Security and Storage Requirements. 




§ 1073. 


Scoring. 




§ 1074. 


Reporting. 




ubchapter 6. 


California High School 






Exit Examination 


...40 


Article 1. 


General 


...40 


§ 1200. 


Definitions. 




Article 2. 


High School Exit Examination 






Administration 


...41 


§ 1202. 


Excessive Materials Costs. 




§ 1203. 


Pupil or Adult Student 
Identification. 




§ 1204. 


Grade 10 Testing. 




§ 1204.5. 


Grades 11 and 12 and Adult Student 
Testing Dates. 




§ 1205. 


School District Information. 




§ 1206. 


Permanent Record Information. 




§ 1207. 


Data for Analysis of Pupil 
Performance. 




§ 1207.1. 


Data for Analysis of Local Waiver 
Process for Pupils with Disabilities. 




§ 1207.2. 


Data for Analysis of Exemption for 
Pupils with Disabilities in the Class 
of 2007. 




§ 1207.5. 


Reporting Test Scores. 




§ 1208. 


Notice of the High School Exit 
Examination. 




§ 1209. 


High School Exit Examination 
District Coordinator. 




§ 1210. 


High School Exit Examination Test 
Site Coordinator. 




§1211. 


High School Exit Examination Test 
Security. 




§ 1211.5. 


High School Exit Examination Test 
Security Forms. 




§ 1212. 


Test Site Delivery. 





Page 

Article 3. High School Exit Examination 

Testing Variations/ 
Accommodations/ 

Modifications/Waivers 46 

§1215. Testing Variations. 

§ 1215.5. Accommodations for Pupils or 

Adult Students with Disabilities. 
§ 1216. Modifications for Pupils or Adult 

Students with Disabilities. 
§1217. English Learners. 

§ 1217.5. English Language Learners. 

§ 1218. Review Process for Variations Not 

Specified in Sections 1215, 1215.5, 

or 1216 in Administering the 

Examination. 
§1218.5. Llse of Modifications. 

§ 1218.6. Waiver Requests on Behalf of Pupils 

in a State Special School. 
§ 1219. Independent Work of the Pupil or 

Adult Student 
§ 1219.5. Invalidation of Test Scores. 

Article 4. Cheating 46.2 

§ 1220. Cheating. 

Article 5. Apportionment 46.2 

§ 1225. Apportionment. 

Subchapter 7. Graduation of Pupils from 
Grade 12 and Credit 
Toward Graduation 46.2 

Article 1. Measurement of Credit Toward 

Graduation from Grade 12 46.2 

§ 1600. Definitions. 

Article 2. Credit Toward High School 

Graduation 46.3 

§ 1630. Credit for College Courses. 

§ 163 1 . Credit for Private Instruction. 

§ 1632. Credit for Private School Foreign 

Language Instruction. 
§1633. Credit for Correspondence 

Instruction, 
§ 1634. Credit to Present or Past Members 

of the Armed Services. 
§ 1635. Credit for Work Experience 

Education. 

Article 3. Diploma of Graduation 47 

§1650. Time of Granting Diploma. 

§1651. Time of Granting Diploma upon 

Evaluation (Veterans), 

Chapter 3. Handicapped Children 48 

Subchapter 1 . Special Education 48 

Article 1 . General Provisions 48 

§ 3000, Scope. 

§ 3001. Definitions. 

Article 2. Administration 50 

§ 3010. Other Public Agencies. 

Article 3. Identification, Referral, 

and Assessment 50 

§3021, Referral. 

§ 302 1.1. Referral of Pupils Having a 

Diagnosed Chronic Illness. 
§ 3022. Assessment Plan. 

§ 3023. Assessment. 

§ 3024. Transfer. 

§ 3025. Assessment Option: Referral to 

State Schools for Further 

Assessment. 
§ 3027. Hearing and Vision Screening. 



• 



Page iv 



(7-11-2008) 



Title 5 



California Department of Education 



Table of Contents 



§ 3028. 
§ 3029. 



Article 3.1. 



S 3030. 
ij 303 1 . 



Article 4. 



§ 3040. 

Jj 3042. 
§ 3043. 



Article 5. 



• 



§ 30.^ 1 

§ 305 1 

§ 305 1 
§ 3051 
?5 305 1 
^ 3051 



§ 305 1 
§ 305 1 
§ 3051 
§3051 

§ 305 1 
§ 305 1 



§.^051.11. 
§3051.12. 
§3051.13. 
§ 3051.14. 

§3051.15. 
§3051.16. 

§ .3051.17. 

§3051.18. 

§ 3052. 

§ 3053. 
§ 3054. 



Article 6. 



§ 3060. 
§3061. 

§ 3062. 
§ 3063. 
§ 3064. 

§ 3065. 



§ 3066. 

§ 3067. 
§ 3068. 



Page 

Audiologicai Assessmenl. 
Contracting for Individually 
Administered Tests of Psychological 
Functioning Due to the 
Unavailability of School 
Psychologists. 

Individuals with Exceptional 

Needs 31 

Eligibility Criteria. 

Additional Eligibility Criteria for 

Individuals with Exceptional 

Needs — Age Birth to Four Years 

and Nine Months. 

Instructional Planning and 

Individualized Education 

Program 53 

Individualized Education Program 

Implementation. 

Placement. 

Extended School Year. 

Implementation (Program 
Components) 54 

Standards for Designated Instniction 

and Services (DIS). 

Language, Speech and Hearing 

Development and Remediation. 

Audiologicai Services. 

Mobility Instruction. 

Instruction in the Home or Hospital. 

Adapted Physical Education for 

Individuals with Exceptional Needs. 

Physical and Occupational Therapy. 

Vision Services. 

Vision Therapy. 

Specialized Driver Training 

Instruction. 

Counseling and Guidance Services. 

Psychological Services Other Than 

Assessment and Development of the 

Individualized Education Program. 

Parent Counseling and Training. 

Health and Nursing Services. 

Social Worker Services. 

Specially Designed Vocational 

Education and Career Development. 

Recreation Services. 

Specialized Services for 

Low-Incidence Disabilities. 

Services for Pupils with Chronic 

Illnesses or Acute Health Problems. 

Designated Instruction and Services 

for the Deaf and Hard of Hearing. 

Designated Positive Behavioral 

Interventions. 

Special Classes. 

Special Center. 



§ 3069. 



§ 3070. 



Article 7. 



§ 3080. 
§ 3081. 
§ 3082. 
§ 3083, 
§ 3084. 
§ 3085. 
§ 3086. 
§ 3087. 
§ 3088. 
§ 3088.1 



§ 3088. 
§ 3089. 



Nonpublic. Nonsectarian 
School and Agency Services 

Application for Certification. 

Service Fees, Finance and 

Maintenance of Records. 

Contracts and Agreements. 

Program Reviews. 

Staff Qualifications — Special 

Education Instruction. 

Staff Qualifications — Related 

Services including Designated 

Instruction and Services. 

Oul-of-State Nonpublic 

Schools/Agencies. 

Certification Status. 

Appeals and Waivers. 



61 



Article 8. 

§ 3100. 

Chapter 3.5. 
Subchapter 1 . 

§ 3300. 
Chapter 4. 

Subchapter 1. 
Subchapter 2. 
Subchapter 3. 



§ 3820. 
§3821. 
§ 3822. 
§ 3823. 
§ 3824. 

Subchapter 4. 



Article 1. 

§ 3830. 

§3831. 

Article 2. 

§ 3840. 

§3841. 

Article 3. 

§ 3850. 

Subchapter 5. 

§ 3860. 

Subchapter 6. 

§ 3870. 



Page 

Annual Review of Individualized 
Education Program. 
Graduation. 

Procedural Safeguards 68 

General Provisions. 
Complaint Procedures. 
Due Process Hearing Procedures. 
Service Notice. 
Ex Parte Communications. 
Precedent Decisions. 
Mediation. 

Decision by Settlement. 
Sanctions. 

Sanctions: Withholding Funds to 
Enforce Special Education 
Compliance. 
2. Enforcement and Withholding of 

Founds. 

Partial Non-Applicability of Certain 
Sections of the Administrative 
Procedure Act to Special Education 
Due Process Hearing Procedures. 

State Board of Education 

Waivers 70. i 

Resource Specialist Caseload 

Waivers. 

Joint Regulations for 

Handicapped Children 7i 

Interagency 

Responsibilities for 

Providing Services to 

Handicapped Children 71 

jfoint Regulations for Handicapped 

Children. 

Gifted and Talented Pupil 

Program 71 

General Provisions 71 

Ehgibility 71 

Standards Used for 

Identification of Gifted 

and Talented Pupils 71 

Method of Identification. 

Responsibility for Identification. 

Categories for Identification. 

Evidence for Identification. 

Identification and Placement. 

Minimum Standards for 

Programs 72 

General 72 

Minimum Standards for All Types 
of Programs. 
General Standards. 

Types of Programs 72 

Special Day Classes and Special 
Services or Activities. 
Contracting for Programs. 

Length of Program 73 

Length of Program. 

Approval of Programs 73 

Approval of Programs. 

Indirect Cost 

Expenditures 73 

Indirect Cost Expenditures. 



Page V 



(7-11 2l)()Xi 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Chapters. 



Subchapter 1. 

Article 1. 

§ 3900. 

Article 2. 

§ 3920. 
§3921. 
§ 3922. 
§ 3923. 

Article 3. 

§ 3930. 
§3931, 
§ 3932. 



§ 3933. 
§ 3934. 
§ 3935. 
§ 3936. 
§ 3937. 



Article 4. 



§ 3940. 
§3941. 
§ 3942. 
§ 3943. 



§3944. 
§ 3945. 
§ 3946. 



§ 3947. 

Article 5. 

§ 3950. 
§3951. 
§ 3952. 
§ 3953. 

Subchapter 2. 



Article 1. 

§4000. 
§4001. 
§ 4002. 

§ 4003. 
§ 4004. 
§ 4005. 
§ 4006. 
§ 4007. 



Article 2. 

§ 4020. 
§4021. 

§ 4022. 

§ 4023. 

§ 4024. 

Article 3. 

§ 4040. 

§4041. 



Page 

Consolidated Categorical Aid 

Programs 73 

General Provisions 73 

Scope of the Chapter 73 

Scope of the Chapter. 

Administrative Procedures 74 

Application Procedure. 
Federal Regulations. 
Waiver Procedure. 
Complaint Procedure. 

Program Requirements 74 

Comprehensive Plan. 

Instructional Program. 

Parent, Community, Teacher, Other 

School Personnel, and Student 

Involvement. 

Staff Development. 

Isolation and Segregation of Pupils. 

Multicultural Education. 

Bilingual-Bicultural Education. 

Basic Skills. 

Fiscal Concerns 75 

Maintenance of Effort. 

Reports and Inspection of Records. 

Continuity of Funding. 

Federal Categorical Aid Funds for 

Eligible Students Attending Private, 

Nonprofit, Tax Exempt Elementary 

or Secondary Schools. 

Fiscal and Technical Requirements. 

Cooperative Programs. 

The Control, Safeguards, and 

Disposal of Equipment Purchased 

with State and Federal Consolidated 

Application Funds. 

Administrative Costs. 

Complaint Procedures 76 

Definitions. 

Local Educational Agency (LEA). 
State Department of Education. 
Compliance Agreement. 

School Improvement 

Programs 76 

Definitions 76 

Classroom Teacher 
Parity. 

Parent Eligible for Membership on 
the School-Site Council. 
Non-English-Speaking Pupil. 
Limited-English-Speaking Pupil. 
Pupil with Exceptional Needs. 
Pupil with Exceptional Abilities. 
Elementary School. 

District Master Plan — 

Additional Elements 76 

Community Participation. 

Responsiveness to the Improvement 

Objectives of Participating Schools. 

Additional Elements of District 

Master Plan. 

Availability of the District Master 

Plan. 

Waivers. 

School Improvement Plan 77 

Review of School Improvement 

Plans. 

Existing School Plans: Early 

Childhood Education. 



Page 

§ 4042. Program Strategies. 

§ 4060. Evaluation. 

§ 4061 . Availability of Evaluation 

Information. 

Article 4. Program Review 77 

§ 4070. Program Reviews Conducted by 

Consortia. 
§ 407 1 . Monitoring of Consortia Activities 

and Training of Review Team 

Members. 

Article 5. Selection and Expansion 77 

§ 4080. Phase-In of Elementary Schools. 

§ 408 1 . Criteria for Approval of Planning 

Application: Elementary Schools. 
§ 4082. Alternative Elementary Selection 

Process. 
§ 4083. Secondary School Applications. 

§ 4084. Criteria for Approval of Planning 

Application: Secondary Schools. 

Article 6. Fiscal Concerns 77 

§ 4090. Expenditure of Planning Grant 

Funds. 
§4091. School Improvement Budget. 

Subchapter 3. Local Staff Development 

Programs 78 

Article 1 . Local Staff Development 

Programs 78 

§ 4100. Definitions. 

§ 4101. School District Master Plans. 

§ 4103. Staff Development Objectives and 

Programs. 
§ 4104. Criteria for District Selection of 

Staff Development Programs. 
§ 4105. Assurance Requirement for District 

Application. 
§ 41 06. Criteria for Department of 

Education Approval of District 

Applications. 
§ 4107. Evaluation. 

§4108. Maintenance of Effort. 

§ 4109. Eligibility for Funding. 

Article 2. Funding 78 

§ 4110. Geographical Distribution of Funds. 

§4111. Allocation of Funds Among 

Schools. 
§4112. Annual Funding Levels. 

§4113. Cost Limitations. 

Subchapter 4. Economic Impact Aid 78 

Article 1 . Purpose 78 

§ 4200. Purpose. 

Article 2. Allocation of Funds 79 

§4201. Allocation of Funds. 

Article 3. General Accounting 

Requirements 79 

§ 4202. Accounting. 

Article 4. Administration and 

Evaluation Allocations 79 

§ 4203. Limits on Administration and 

Evaluation Allocations. 

Subchapter 5. Bilingual Education 79 

Article 1. Purpose 79 

§ 4300. Purpose. 

§ 4301. Effective Instruction — Bilingual 

Learning Opportunities. 

Article 2. Definitions 79 

§ 4302. Definitions. 



• 



Page vi 



(7-11-2008) 



Title 5 



California Department of Education 

Page 

Program Requirements 79 § 4500. 

Program Requirements. s 4, Ul . 

Census. 

Identification and Assessment. Article 2 

Reclassification. ,. ,-„_ 

§ 4">02 
Educational Services. 'l /.„_,' 

n . NT .t- .■ § 4503. 

Parent Notiiication. 

Teacher and Teacher Aide Criteria. 

Waivers. Subchapter 8. 

Academic Assessment. 

Advisory Committees. 

Monitoring and Enforcement. Subchapter 9. 

Special Funds to Assist 
Districts 80 

Determination of Funding to Chapter 5. 1 , 

Support Programs to Overcome the 

Linguistic Difficulties of English Subchapter 1 . 

Learners. 

Article 1. 
State Compensatory ^^ 4^qo 

Education Programs 81 . . . ^ 

Program Purpose 81 § 4610. 

Purpose. §4611. 

Program Requirements 81 

Federal Requirements. Artirle ^ 

Consistent Services. 
Secondary School Program. 

Designating Eligible and 

Participating School 81 § 4621. 

General Standards for Determining § 4622. 

School Eligibility. Article 4 

Selecting Participating Schools. 

Uniform Measure for Designating § 4630. 

Eligible and Participating Schools. 

Exceptions to the General Rule for ' ^63 1 . 

Designating Eligible and 

Participating Schools. Article 4 5 

Designating Students to Be 

Participants 82 § 4632. 

General Standards for Determining 

Student Eligibility. § 4633. 

General Standards for Determining 

Students to Be Participants. Article 5 

Level of Funding 82 § 4640. 

Minimum and Maximum Levels of 

Funding. 

Recognition of Local Compensatory 

Education Programs. Article 6 

Allocation Alternatives 82 § 4650. 

General Standards. §4651. 

Allocation Models. § 4652. 

Evaluation 84 Article 7. 

Evaluation Plan. 

District and School Advisory s 4661 

Councils 84 

Advisory Councils. § 4662. 

§ 4663. 
Comparability 84 

Comparability of Services. §4664. 

§ 4665. 
California Preschool 

P'"«g^^"^ ^' Articles. 

California State Preschool Program. 

Maintenance of Effort. 

§ 4670. 
Miscellaneous Programs 85 § 467t 

Schoolwide Programs 85 Article 9. 



Table of Contents 



Articli 


e3. 




§ 4303. 




§ 4304. 




§ 4305. 




§ 4306. 




§ 4307. 




§ 4308. 




§ 4309. 




§4310. 




§4311. 




§4312. 




§4313. 


Article 4. 



§ 4320. 



Subchapter 6. 

Article 1 . 

§ 4400. 

Article 2. 

§4401. 
§ 4402. 
§ 4403. 

Article 3. 



§4410. 

§4411. 
§4412. 

§4413. 



Article 4. 

§4414. 
§ 4415. 

Article 5. 

§4416. 

§4417. 



Article 6. 


§4420. 
§4421. 


Article 7. 


§ 4422. 


Article 8. 


§4423. 


Article 9. 


§4424. 


Article 10. 


§ 4425. 
§4426. 


ubchapter 7. 


Article 1. 



Page 

Lovv Income Schoolwide Programs. 
Low Achievement Schoolwide 
Programs. 

School Security 86 

Improvement of School Security. 
Alternative Program Options for 
Special Needs. 

Bilingual Education 

Programs 86 

Bilingual-Bicultural 

Education Programs 86 

Uniform Complaint Procedures 86 

Complaint Procedures 86 

Definitions 86 

General Definitions. 

Purpose and Scope 87 

Purpose and Scope. 

Referring Complaint Issues to Other 

Appropriate State or Federal 

Agencies. 

Local Educational Agency 
Compliance 88 

Local Educational Agency 

Responsibilities. 

District Policies and Procedures. 

Notice. 

Local Complaint Procedures 88 

Filing a Local Complaint; 
Procedures, Time Lines. 
Responsibilities of the Local 
Educational Agency. 

Appeal of Local Educational 

Agency Decision 89 

Appeal of Local Educational 

Agency Decision — Grounds. 

Appeal of Local Educational 

Agency Decision. 

State Complaint Procedures 90 

Filing a State Complaint That Has 
Not First Been Filed at the Local 
Educational Agency; Time Lines, 
Notice, Appeal Rights. 

Direct State Intervention 90 

Basis of Direct State Intervention. 

Notification. 

Appealing Local Agency Decisions. 

State Investigation 

Procedures 91 

Department Resolution Procedures. 

Mediation Procedures; State 

Mediation Agreements; Notice. 

Investigation Timeline. 

Department Investigation 

Procedures. 

Department Investigation Report. 

Discretionary Reconsideration of 

Department Investigation Report. 

Enforcement — State Procedures 

to Effect Compliance 92 

Enforcement. 

Federal Review Rights. 

WilUams Complaints 92 



Page vii 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Page 



§ 4680. 


Complaints Regarding Instructional 




Materials, Teacher Vacancy or 




Misassignment, and School 




Facilities. 


§4681. 


Contents of Complaints Regarding 




Instructional Materials. 


§ 4682. 


Contents of Complaints Regarding 




Teacher Vacancy or Misassignment. 


§ 4683. 


Contents of Complaints Regarding 




the Condition of a Facility. 


§ 4684. 


Notice. 


§ 468.S. 


Investigation. 


§ 4686. 


Responsibilities of Governing 




Boaid. 


§ 4687. 


Appeal of Facilities Complaint to 




Superintendent. 



Chapter 5.2. 



Chapter 5.3. 



Subchapter 1 . 



Article 1. 

§ 4900, 
§ 4901 , 
§ 4902, 

Article 2. 

§4910. 
§4911. 

§4912, 

§4913. 

§ 4914, 

Article 2.5. 

§4915, 
§4916, 
§4917, 

Article 3. 



§ 4920 
§4921 
§ 4922 

Article 3.5. 



§ 4925, 
§ 4926, 
§ 4927 

Article 4. 

§ 4930, 
§4931, 

Article 5. 

§ 4940, 



Improvement of Elementary and 
Secondary Education 92. l 

Nondiscrimination and 

Educational Equity 92.2 

Nondiscrimination in 

Elementary and Secondary 

Educational Programs 

Receiving State or 

Federal Financial 

Assistance 92.2 

General Provisions 92.2 

Purpose. 

Academic Requirements. 
State and Local Agency 
Responsibilities and Obligations. 

Definitions 92.2 

General Definitions. 
Government Code Definitions, 
Incorporation by Reference. 
Educational Equity Act Definifions, 
Incorporation by Reference. 
Prohibited Activities, Incorporation 
by Reference. 

Prohibited Discrimination on 
Parental, Family, or Marital Status. 

Sexual Harassment 93 

General Prohibitions. 

Sexual Harassment Definitions. 

Notification Requirements. 

Nondiscrimination in 

Intramural, Interscholastic, or 

Club Athletics 93 

General Prohibition. 

Separate Teams. 

Equivalent Opportunity. 

Nondiscrimination in 

Extracurricular and Club 

Activities 94 

General Prohibition. 

General Provisions. 

Equal Access. 

Counseling 94 

General Provisions. 

Use of Appraisal and Counseling 

Materials. 

Course Access 95 

General Provisions. 



Page 

Article 6. Marital and Parental Status 95 

§ 4950. Marital and Parental Status of 

Students. 

Article 7. Local Agency Compliance 95 

§ 4960. Local Agency Responsibilities. 

§ 496 1 . Responsible District Officer. 

§ 4962. Compliance Procedures. 

Article 8. Complaint Process 

Safeguards 96 

§ 4963. Prohibitions. 

§ 4964. Confidentiality. 

§ 4965. Disciplinary Action. 

Chapter 6. Certified Personnel 96 

Subchapter 1 . General Provisions 96 

Article 1 . Code of Ethics of the 

Teaching Profession 96 

Article 2. Employment and Dismissal 96 

§ 5500. Statement a Condition to 

Employment. 
§ 5501. Filing of Nofice of Employment. 

§ 5502. Filing of Notice of Physical 

Examination for Employment of 

Refired Persons. 
§ 5503. Physical Examination for 

Employment of Retired Persons. 
§ 5504. Medical Certification Procedures. 

Subchapter 2. Duties of Certificated 
and Noncertificated 
Personnel 98 

Article 1. Duties of All Certificated 

Personnel 98 

§ 5530. Moral Supervision. 

§ 5531. Supervision of Extracurricular 

Activities of Pupils. 
§ 5532. Employment of Noncertificated 

Athletic Coaches. 

Article 2. Duties of Principals 98 

§ 5550. Principal. 

§ 5551. Administration of School. 

§ 5552. Playground Supervision. 

§ 5553. Disseminafion of Information. 

§ 5554. Records to Be Kept on File by All 

Principals in the Office of the 

School. 
§ 5555. Additional Records Kept by High 

School Principals. 
§ 5556. Reports to the State Department of 

Education. 

Article 3. Duties of Teachers 98 

§ 5570. When School Shall Be Open and 

Teachers Present. 

Article 4. Duties of District 

Superintendents 98 

§ 5580. Library Records. 

Article 5. Duties of Temporary Athletic 

Team Coaches 98 

§ 5590. Definitions. 

§ 5591. Supervision of Athletic Team 

Acfivities. 
§ 5592. Use of Noncertificated Temporary 

Athletic Team Coach. 
§ 5593. Temporary Athletic Team Coach 

Qualifications and Competencies. 
§ 5594. Local Board Certification of 

Athlefic Coaches. 



Page viii 



(7-11-2008) 



Title 5 



California Department of Education 
Page 

Recertificalion of Temporary Article 4. 

Athletic Team Coaches. 
Code of Ethical Conduct. 

Rights of Certificated § 6115, 

Personnel lOO 

Diity-Free Lunch Period. § 6 1 1 6. 

Transfer of Accumulated Sick Leave 

of Cenificated Employees. 

Article 5. 
Grants of Financial ^ ^p^ 

Assistance to ^^^^^^ ^ " 

Certiiicated Personnel lOi s 6P5 

Scholarship Grants for 

Teachers of Reading loi Chapter 7. 

Application for a Scholarship Grant 

for Teachers of Reading. 

Review of Application; 

Recommendation. Subchapter 1 7. 

Use or Return of Scholarship. 

Loans to Teachers of Subchapter 1 8. 

Educationally Handicapped 

Minors for Specialized 

Preparation During the Article 1 

Summer (Section 56060 

Loans) lOl Article 2. 

Applicable Provisions of Article 1. Article 3. 

Approval of Specialized 

Preparation. 

Repayment of Loans. Article 4. 

Instructional Time and 

Staff Development Reform 

Program 102 

Definitions. Article 5. 

Records of Attendance. 

Method of Application for Funds. Article 6. 

Positions Requiring 

Certification 

Qualifications 102 Article 7. 

No Child Left Behind 

Teacher Requirements 103 Article 8 

General 103 

Defimtions. Article 9. 

Elementary Level Teachers 103 

Elementary Teachers. Subchapter 1 8. 1 

Elementary Teachers New to the 

Profession. 

Elementary Teachers Not New to 

the Profession. 

High Objective Uniform State 

Standard Evaluation (HOUSSE). Subchapter 1 8.2 

Subject Matter Verification Process 

for Middle and High School Level Subchapter 1 8.3 

Teachers in Special Settings. 

Middle and High School Level 
Teachers 105 

Middle and High School Teachers. Subchapter 1 8.4 

Middle and High School Teachers 

New to the Profession. 

Middle and High School Teachers 

Not New to the Profession. Q K h t 1 Q 

Middle and High School Teachers bUDcnapter 1 y . 

Rural Flexibility. 



Table of Contents 
Page 

State Certification Not 

Meeting NCLB Teacher 

Requirements i()5 

State Certification Not Meeting 
NCLB Teacher Requirements. 
Teachers with Supplementary 
Authorizations and Local Teaching 
Assignment Options. 

One-Time Compliance 106 

One-Time Compliance. 

Teachers from Out-of-Stale i()6 

Teachers from Out-of-State. 
International Teachers. 

Credentials and Institutions 

Preparing Candidates for 

Credentials i()6 

Teacher Preparation and 

Licensing Law of 1970 106 

All Prior Credentials and 

Life Diplomas of Any 

Kind Whatsoever 106 

General Provisions 106 

Fees 106 

Application for Credentials 

and Life Diplomas 106 

Health Standards Required of 
Applicants for Credentials 
Authorizing School Service 
in California 106 

Renewal of Credentials 106.1 

Life Diplomas Based on 

"Prior Regular 

Credentials" 106.1 

Issuance and Denial of 

Credentials and Life 

Diplomas 106.1 

Adnninistrative Hearing upon 

Denial of an Application 1O6.I 

Suspension and Revocation of 
Certification Documents 106.1 

Credentials Authorized by 

the Licensing of 

Certificated Personnel 

Law of 1961 106.1 

Restricted Credentials 106.1 

Internship Credentials 
Issued under the Teacher 
Education Internship Act 

of 1967, As Amended 106.1 

Provisional and 

Miscellaneous 

Credentials 106.1 

Validation of Service 

Without a Credential 1O6.1 



• 



v; 5.595. 
i? 5596. 
Subchapter 3. 

^ 5600. 
§5601. 

Subchapter 4. 



Article 1. 

§5710. 
§ 57 1 1 . 
§5712. 
Article 2. 



§ 5720. 
§.5721. 

§ 5722. 

Subchapters. 



§ 6000. 
§6001. 
§ 6002. 

Subchapter 6. 



Subchapter 7. 

Article 1. 

§6100. 

Article 2. 

§6101. 
§6102. 

§6103. 

§ 6104. 

§6105. 

Article 3. 

§6110. 
§6111. 

§6112. 

§6113. 



Page ix 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Page 

Subchapter 20. Accreditation of Teacher 
Education Institutions 
for Teacher 
Certification Purposes 106.1 

Chapter 9. Instructional Materials 106,1 

Subchapter 1 . Elementary Instructional 

Materials 106.1 

Article 1 . General Provisions 106. 1 

§ 9500. Definition. 

i^ 9501 . Ownership of Materials. 

§ 9502. Loan of Instructional Materials. 

§ 9503. Distribution of Large Print 

Textbooks. 
§ 9504. Distribution of Braille Textbooks. 

§ 9505. Purchase of In-Service Training. 

§ 9506. Improvement of Quality and 

Reliability Through Learner 

Verification. 

Article 2. Adoption of Curriculum 
Frameworks, Evaluation 
Criteria and Instructional 
Materials — Procedures 107 

§9510. Definitions. 

§9510.5. Internal Governance of the 

Curriculum Commission. 

§9511. Curriculum Framework and 

Evaluation Criteria Committee 
Establishment, Composition and 
Membership Qualifications. 

§ 9512. Appointment of Instructional 

Materials Reviewers and Content 
Review Experts. 

§ 9513. Application Process for Curriculum 

Framework and Evaluation Criteria 
Committee Members, Instructional 
Materials Reviewers and Content 
Review Experts. 

§ 9514. Prohibited Communications. 

§ 9515. Public Inspection of and Comment 

on. Curriculum Framework and 
Evaluation Criteria. 

§ 95 1 6. Public Meetings Held by the 

Curriculum Commission and the 
SBE Regarding Curriculum 
Frameworks and Evaluation 
Criteria. 

§ 9517. Procedures for Submitting 

Instructional Materials for 
Adoption. 

§ 9517.1. Follow-Up Adoptions: Notice to 

Publishers and Manufacturers, 
Intent to Submit, Fee, List of 
Adopted Materials. [Repealed] 

§9517.2. Textbook Weight Standards. 

§ 9518. Social Content Standards for All 

Instructional Materials Adoptions. 

§ 9519. Instructional Materials Review 

Panels and Curriculum Commission 
Advisory Report. 

§ 9520. Written Statements to the 

Curriculum Commission Regarding 
Instructional Materials and 
Curriculum Frameworks Submitted 
for Adoption. [Repealed] 

§ 9521 . Public Comments Regarding 

Content of Instructional Materials. 

§ 9522. Presentation of Public Testimony. 

§ 9523. Display of Instructional Materials 

for Public Inspection. 



Page 

§ 9524. Public Meetings Held by the 

Curriculum Conrmission and the 
State Board of Education Regarding 
Instructional Materials. 

§ 9525. Post Adoption Edits and 

Corrections Procedures. 

Article 2. 1 . Acquisition of Adopted 

Instructional Materials 112 

§ 9527. Free Instructional Materials. 

§ 9528. Alternate Formats of Adopted 

Instructional Materials. 
§ 9529. New Editions of Adopted 

Instructional Materials. 
§ 9530. School District Ordering of 

Instructional Materials. 

Article 2.3. Instructional Materials 

Funding 113 

§ 9531. Instructional Materials Funding 

Realignment Program: Expenditure 
Policy Percentages and 24 Month 
Purchasing Requirement. 

§ 9532. School District or Charter School in 

its First Year of Operation or of 
Expanding Grade Levels at a School 
Site. 

Article 3. Request to Purchase 

Nonadopted Core Reading 
Program Instructional 

Materials 114 

§ 9535. Request to Purchase Nonadopted 

Core Reading Program Instructional 
Materials. 

Article 4. Additions to Lists of 
Adopted Instructional 
Materials in Reading/ 
Language Arts and 
Mathematics 115 

§ 9540. Establishment of Policy. 

§9541. Definitions. 

§ 9542. Additional Submissions Allowed. 

§ 9543. Required Subject Matter Coverage 

and Basis in Standards. 
§ 9544. Instructional Materials Evaluation 

Criteria. 
§ 9545. Formal Action by the State Board. 

§ 9546. Prerequisites to Formal Action by 

the State Board. 
§ 9547. Period of Adoption. 

§ 9548. Evaluation Criteria Development. 

§ 9549. Review Process. 

§ 9550. Invitation to Submit. 

Chapter 10. Courses of Study 116 

Subchapter 1. High School Courses of 

Study 116 

Article 1. Automobile Driver Education 116 

§10020. General Provisions. 

Article 2. Automobile Driver Training 116 

§ 10040. General Provisions. 

§ 10041. Standards of Pupil Eligibility. 

§ 10042. Standards for Automobiles Used. 

§ 10043. Standards for Laboratory Phase of 

Driver Education. 

Article 3. Contracting for Automobile 

Driver Training 118 

§ 10045. Scope. 

§ 10046. Approved Private Driver Training 

School. 



Page X 



(7-11-2008) 



Title 5 



California Department of Education 



Table of Contents 



Page 



Page 



i? 10046.5. 


i^ 10047. 


{^ 10047.5. 


§ 10047.6. 


S 10048. 


§ 10049. 


Article 3.1. 


§ 10060. 


Article 4. 


ij 10070. 



S 10071 



§ 10072. 



§ 10100. 
§ 10101. 
§ 10102. 

§ 10103. 
§ 10104. 
§ 10105. 
§ 10106. 
§ 10107. 

§ 10108. 



§ 10109. 
§ 10110. 
§ 10111. 



Application for Approval of Initial 

and Renewal Contract. 

Approval of Contract. 

Grounds for Contract Disapproval 

or Termination. 

Reconsideration of Disapproval or 

Termination. 

Reimbursement. 

Reporting. 

Physical Education Program . . . 
Criteria for Physical Education 
Program. 

Work Experience Education . . . 
District Plan for Work Experience 
Education. 

Formal Training Agreements for 
Each Type of Work Experience 
Education. 

Selection and Approval of Work 
Stations. 



§ 10502. 
§ 10503. 
§ 10504. 
§ 10505. 
§ 10506. 



§ 10507. 
§ 10508. 



Article 2. 



118 



119 



Maintenance. 

Educational Purpose. 

Use of Films. 

Recreational Classes Not Permitted. 

Clas.ses in Connection with 

Organizations. 

Attendance and Enrollment. 

Records and Reports. 

Approval of Adult Schools 
and Classes 



124 



§ 10073. 


Related Classroom Instruction. 


J? 10074. 


Supervision of Students. 


§ 10075. 


Work Experience Education 




Teacher-Coordinator Minimum 




Qualifications. 


Article 5. 


Community Classrooms 119 


§ 10080. 


Definition. 


§ 10081. 


Academic Credit for Participation in 




Community Classroom. 


^ 10082. 


Student Qualifications. 


§ 10083. 


Teacher Responsibilities. 


§ 10084. 


Records. 


§ 10085. 


Related Classroom Instruction. 


§ 10086. 


Selection and Approval of 




Community Classroom Training 




Stations. 


§ 10087. 


Community Classroom Joint 




Venture Training Agreements and 




Plans. 


§ 10088. 


Supervision of Students. 


§ 10089. 


Student-Teacher Ratio. 


§ 10090. 


Unpaid On-the-Job Experiences. 


S 10091. 


Programs Conducted in Community 




Classrooms. 


§ 10092. 


Scope. 


Article 6. 


Cooperative Vocational 




Education 121 



i? 10520. 


Approval of Adult Schools. 


§ 10521. 


Approval of Classes for Adults. 


§ 10522. 


Areas of Instruction Approved. 


§ 10523. 


Areas of Instruction Requiring 




Suppleinentary Information. 


§ 10524. 


Attendance and Enrollment. 


§ 10525. 


Compliance with Regulations. 


Article 3. 


Standards for Adult Schools 124 


§ 10530. 


Counseling and Guidance Services. 


§ 10531. 


Duration. 


§ 10532. 


Curricula. 


§ 10533. 


Curricula. 


§ 10534. 


Apportionments. Required 




Pioponional Level of Service. 


Article 4. 


Standards for Particular 




Classes for Adults 125 


Article 5. 


Standards of Administration 125 


§ 10560. 


General. 


§ 10561. 


Administration — Under 100 A. D. A. 


§ 10562. 


Separate Adult Schools. 


§ 10563. 


Administration. Schools and 



Definitions. 

Advisory Committee. 

Academic Credit for Participation in 

Cooperative Vocational Education. 

Student Qualifications. 

Teacher Responsibilities. 

Records. 

Related Classroom Instructions. 

Selection and Approval of Training 

Stations. 

Cooperative Vocational Educafion 

Training Agreements and 

Individualized Training Plans. 

Supervision of Students. 

Student-Teacher Ratio. 

Paid On-the-Job Experiences. 



Subchapter 2. 



Subchapter 3. 



Article 1. 

§ 10600. 
§ 10605. 
§ 10610. 
§ 10615. 



Classes for Adults in County 
Tuberculosis or Poliomyelitis 
Hospitals or Sanitoriums. 

Classes for Adults in 
County Jails, Industrial 
Farms, and County or 
Joint County Road Camps . . . 



Adult Education 
Innovation and 
Alternative 
Instructional Delivery 

Administration 



125 



125 
125 



Allowable Expenditures. 
Range of Allowable Expenditures. 
Reporting Requirements. 
Program Evaluation. 



Chapter 1 1 . Special Programs 

Subchapter 1. Continuation Education 



Chapter 10.2. Adult Education 124 

Subchapter 1. 



Article 1. 

§ 10500. 
§ 10501. 



Adult Schools and Classes 

for Adults (General) 124 

General Provisions 124 

Scope. 
Definitions. 



icle 1. 


Standards for Programs 


§ 11000. 


Director of Continuation Education. 


§ 11001. 


Programs of Guidance, Placement, 




and Follow-Up. 


§ 11002. 


Instruction Based on Individual 




Needs. 


§ 11003. 


Coordination Programs. 


§ 11004. 


Separate Continuation High 




Schools. 


§ 11005. 


Records and Reports. 


§ 11006. 


Apportionments. 


icle 2. 


Exemption from Maintaining 




Continuation Education 




Classes 


§ 11010. 


Exemption. 



126 
126 
126 



127 



Page xi 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Page 



Page 



ubchapter 2. 


Special Elementary School 




Reading Instruction 




Programs 127 


Article 1. 


General Provisions 127 


§ 11200. 


Scope of Chapter. 


§ 11201. 


Reading Testing Program. 


§ 11202. 


Scholarship Grants for Teachers of 




Reading. 


Article 2. 


Nomination and Designation 




of Specialist Teacher in 




Reading 127 


§ 11210. 


Nomination for the Position of 




Specialist Teacher. 


§ 11211. 


Petition by Certificated Employee to 




Be Appointed a Specialist Teacher. 


§ 11212. 


Appointment of Panels of 




Observers. 


§ 11213. 


Conduct of Panel Observations. 


§ 11214. 


Report by Chairman of Observer 




Panel. 


§ 11215. 


Examination for Specialist Teacher 




in Reading and Fees. 


Article 3. 


Minimum Standards of Course 



§ 11301. 


Knowledge and Fluency in English. 


§ 11302. 


Duration of Services. 


§ 11303. 


Reclassification. 


§ 11304. 


Monitoring. 


§11305. 


Documentation. 


§ 11306. 


Annual Assessment. 


§ 11307. 


Census. 


§ 11308. 


Advisory Committees. 


§ 11309. 


Parental Exception Waivers. 


§ 11310. 


State Board of Education Review of 




Guidelines for Parental Exception 




Waivers. 


§ 11315. 


Community-Based English Tutoring 




(CBET) Programs. 


§ 11315.5. 


Duties of School Districts. 


§ 11315.6. 


Data Collection and Reporting. 


§11316. 


Notice to Parents or Guardians. 


Subchapter 5. 


English Language Centers 


Subchapter 6. 


Summer Schools (Other 



Than Classes for Adults, 

Adult Schools, and 

Evening High Schools) 133 



§ 11220. 
§ 11221. 



Article 4. 



§ 11230. 
§ 11231. 
§ 11232. 
§ 11233. 

§ 11234. 

§ 11235. 

§ 11236. 
§ 11237. 

Subchapter 3. 

§ 11250. 

§11251. 

§ 11252. 
§ 11253. 

§ 11254. 



§ 11255. 
§ 11256. 

§ 11257, 
Subchapter 4. 

§ 11300. 



Content for Basic Reading 

Program and Criteria for 

Approval of Application 128 

Minimum Standards of Course 
Content for Basic Reading Program. 
Criteria for Approving District 
Applications for Funds Pursuant to 
Section 5789. 

Allowances to Districts for 
Employment of Specialist 
Teachers and Salaries of 
Librarians 128 

Application for Allowance. 

Contents of the Application. 

Reporting for Allowances. 

Final Certification of Actual 

Participation. 

Repayment to the State Department 

of Education. 

Definition of Average Daily 

Attendance. 

Newly Formed Districts. 

Determining Priority for Small 

Schools. 

Mentor Teacher Program 129 

District Participation in the Mentor 

Teacher Program. 

Establishment of Selection 

Committees. 

Application of Individual Teachers 

for Mentor Teacher Designation. 

Review of Applications and 

Nominations by the Selection 

Committees. 

Review of Nominees and 

Designation of Mentor Teachers by 

the Governing Boards. 

Renomination As Mentor Teacher. 

Duties and Responsibilities of 

Mentor Teachers. 

Duration of Mentor Teacher 

Designation. 

English Language Learner 

Education 130 

Definitions. 



§ 11470. 


Application of Chapter. 


§ 11471. 


Approval Required. 


§ 11472. 


Courses Authorized. 


§11473. 


Level of Difficulty. 


§ 11474. 


Time and Duration. 


§ 11475. 


Work Experience Education. 


Subchapter 7. 


Regional Occupational 




Centers and Regional 




Occupational Programs 1 34 


§ 11500. 


Scope. 


§ 11501. 


Definitions. 


§ 11502. 


Applications for Establishment of 




Regional Occupational Centers or 




Regional Occupational Programs. 


§ 11503. 


Course Approval. 


§ 11504. 


Course Appropriateness and Criteria 




for Course Approval. 


§ 11505. 


Counseling and Guidance. 


§ 11506. 


Evaluation. 


§ 11507. 


Administration. 


§11508. 


Establishing and Operating 




Business, Commercial, Trade, 




Manufacturing or Construction 




Activities. 


Subchapter 7.5. 


California English 




Language Development 




Test 135 


Article L 


General 135 


§ 11510. 


Definitions. 


Article 2. 


Administration 136 


§ 11511. 


Initial and Annual Assessments. 


§ 11511.5. 


Reporting to Parents. 


§ 11511.6. 


Reporting Test Scores. 


§ 11512. 


District Documentation and Pupil 




Records. 


§11512.5. 


Data for Analysis of Pupil 




Proficiency. 


§ 11513. 


California English Language 




Development Test District 




Coordinator. 


§ 11513.5. 


California English Language 




Development Test Site Coordinator. 


§ 11514. 


Test Security. 


Article 3. 


Test Variations/ 




Accommodations/ 




Modifications 138.1 


§ 11516. 


Variations. 


§11516.5. 


Accommodations. 



Page xii 



(7-11-2008) 



Title 5 



California Department of Education 
Page 

Modifications for Pupils with § 11620. 

Disabilities. 

Alternate Assessments for Pupils 

with Disabilities. § 11621. 

i? 11622, 
Apportionment 138.2 

Apportionment to School Districts. § 1 1623. 

Apportionment Information Report. 

High School Proficiency ^ 

Certificates 138.2 § 11625. 

Certificate of Proficiency 138.2 5^ ii626. 

Definitions, §11627, 

Placement on Pupil Transcript. § 1 1628. 

Requirement for Exemption from Article 6 

School Attendance Form. 
Examination Announcements. 

High School Equivalency Subchapter 12. 

Certificate (G.E.D.)— for Subchapter 13. 

Persons 18 Years of Age or Article 1 

O'der 139 i^ '1,700 

Definitions. jij 11700.1. 

Approval of General Educational 

Development Testing Centers. § ] 1701 

Eligibility to Take a GED Test. § 1 1 701 .5. 

Vocational Education 

Contracts 140 Article 2. 

General Provisions 140 ^i ,702 

Definitions. § 11703. 

Application for Approval. . • , ^ 

Contracting Standards 140 

Standards, ^ 11704. 

Contract Provisions 140 ^ ' ^^^^•'^■ 

Terms and Conditions. 

Reporting. Subchapter 14. 

'"PP^^^ Article I. 

Bilingual Education Ml § J 1710. 

Bilingual Teacher Corps 

Program I4i § 11712. 

Program. 

Definitions. §11713. 

Funding. 5? 11714. 

Stipend. §11715. 

Evaluation, 

Regional Adult and 

Vocational Education 

Councils 141 _ , , 

Subchapter 15. 

General Provisions 141 

Selection of Members to a Council. jj 1 \ goo 

Criteria for Review of Courses. § 11801. 

Formation of Regional Subchapter 16. 

Council Boundaries 142 § 11820. 

§ 11822. 
Criteria for Council § 1 1 823. 

Boundary Determination 142 ^ WItI 

Organization of Councils 142 ^ 'i^-^- 

§ 1 1831 
Initial Organizational Meefing. j iis'ii 

Membership Eligibility. 8 11833 

Selection of Members to a Council. ^ moVa 

Vacancies. 

Attendance at Meetings. Subchapter 17. 

Council Organization. 

Council Functions 142 



Table of Contents 



§ 11516.6, 
§ 11516.7. 

Article 4. 

§ 11517, 
§ 11517.5. 

Subchapter 8. 

Article 1. 

§ 11520. 
§ 11521. 
§ 11522. 

§ 11523. 
Article 2. 



§ 115.30. 
§ 11531, 


§ 11532. 


Subchapter 9. 


Article 1. 


§ 11535. 
§ 11536. 


Article 2. 


§ 11537. 


Article 3. 


§ 11538. 
§ 11540. 
§ 1 1 544. 


Subchapter 10. 


Article 1. 


§ 11600. 
§ 11601. 
§ 11602. 
§ 11603, 
§ 11604. 


Subchapter 11. 



Article 1. 

§ 11610. 
§ 11611. 

Article 2. 



Article 3. 



Article 4. 

§ 11614. 
§ 11615. 
§ 11616. 
§ 11617. 
§ 11618. 
§ 11619. 

Article 5. 



Page 

FLeview of Courses and Programs 

and Approval of Plans for Courses 

and Programs. 

Criteria for Review of Courses. 

Procedures for Reviewing 

Educational Courses and Programs, 

Criteria for Determining Necessary 

Duplication. 

Delineation of Function 

Agreements. 

Short Term Plans for Vocational and 

Adult Continuing Education. 

Fiouting of Material to the Council. 

Fvcport of Council Activities, 

Fiscal Procedures. 

Appeals from Decision of the 

Council 142 

Alternative Schools 143 

Independent Study 143 

General Provisions 143 

Definitions. 

Additional Definitions Applicable to 

Charter Schools. 

District Responsibilities. 

Equitable Provision of Resources 

and Services. 

Standards for Independent 

Study 144 

Requirements for Agreements. 
Records. 

Provisions Unique to Charter 

Schools 144 

Pupil — Teacher Ratio. 
High School Graduation 
Requirements. 

School Resource Centers 145 

School Resource Centers 145 

Definitions. 

Interagency Agreements for 

Centers. 

Assurance Requirement for 

Resource Center Application. 

Selection Process and Criteria. 

Governance of Center Projects. 

Relationship of Regulations 

Covering School Resource Centers 

with Those Covering the Teacher 

Centers Program Established 

Pursuant to Public Law 94-482 of 

1976. 

Comprehensive Health 

Education 145 

Criteria for Approval of Plans. 

Application. 

Pregnant Minor Program 146 

Definitions. 

Statement of Assurance. 

General Program Provisions. 

Placement Procedures. 

Parent Notification. 

Eligibility. 

Staff Development. 

Program Advisory Council. 

Safeguarding of Funds. 

Reporting Requirements. 

Grant Program for 

Restructuring in Public 

Education 146 



Page xiii 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Article 



§ 11840. 



§ 11841. 
§ 11842. 



Article 2. 



§ 11843. 
§ 11844. 

Subchapter 18. 



Article 1. 

§ 11900. 
§ 11905. 
§ 11910. 
§ 11915. 

§ 11920. 
§ 11925. 
§ 11930. 
§ 11935. 



Page 

Planning Grant Application 146 

Procedures for Filing a Planning 

Grant Application. 

Criteria. 

Scoring the Applications. 

Demonstration Grant 

Applications 146 

Scoring Applications. 

Interviews. 



§ 11967.6. 



Grant Program for Healthy 
Start 



Grants 

Definitions. 

Operational Grants. 

Planning Grants. 

Review of Applications for 

Operational and Planning Grants. 

Awarding of Grants. 

Use of Funds. 

Grant Award Appeal Process. 

Waivers to Program Regulations. 



148 



148 



i! 11967.7 


§ 11967.8 


J? 11968. 


§ 11969. 


Article 3. 


§ 11969.1 


^ 11969.2 


§ 11969.3 


§ 11969.4 


§ 11969.5 


§ 11969.6 


§ 11969.7 


§ 11969.8 



Subchapter 19. Charter Schools 150 



§ 11969.9. 



§ 11969.10. 
§ 11969.11. 



Article 1. 

§ 11960. 

Article 1.2. 

§ 11962. 

§ 11962.1. 
Article 1.5. 

§ 11963. 
§ 11963.1. 
§ 11963.2. 

§ 11963.3. 
§ 11963.4. 

§ 11963.5. 

§ 11963.6. 

§ 11963.7. 



Article 2. 

§ 11965. 
§ 11966. 
§ 11967. 

§ 11967.5. 



§ 11967.5.1. 



Charter School Regular 

Average Daily Attendance 150 

Regular Average Daily Attendance 

for Charter Schools. 

Closure Procedures 150 

Definition of Procedures for School 

Closure. 

Definitions Related to the Duties of 

a Chartering Authority. 

Classroom- and Nonclassroom- 

Based Instruction in 

Charter Schools 151 

Definition of Classroom-Based 

Instruction. 

Nonclassroom-Based Instruction in 

Charter Schools. 

Average Daily Attendance for 

Nonclassroom-Based Instruction in 

Charter Schools. 

Determination of Funding Request 

Forms and CalculaUons. 

Evaluation of Determination of 

Funding Requests Regarding 

Nonclassroom-Based Instruction. 

Determination of Funding Requests 

for Nonclassroom-Based Virtual or 

On-Line Charter Schools. 

Submission and Acfion on 

Determination of Funding Requests 

Regarding Nonclassroom-Based 

Instruction. 

Termination of a Determination of 

Funding Regarding 

Nonclassroom-Based Instruction. 

General Provisions 154.1 

Definitions. 
Certification. 

Appeals on Charter Petitions That 
Have Been Denied. 
Review and Approval of Charter 
School Pefitions by the State Board 
of Education. 

Criteria for the Review and 
Approval of Charter School 
Petitions by the State Board of 
Education. 



Subchapter 20. 



§ 11970. 
Subchapter 20.5. 



Page 

Submission of Statewide Benefit 
Charter School Petitions to the State 
Board of Education. 
Evaluation of Facilities for 
Statewide Benefit Charter Schools. 
Funding for Statewide Benefit 
Charter Schools. 
Maximum Number of Charters. 
Numbering of Charter School 
Petitions. 

Facilities for Charter 

Schools 160 

Purpose and Stipulation. 

Definitions. 

Condiuons Reasonably Equivalent. 

Operations and Maintenance. 

Availability. 

Location. 

Charges for Facilities Costs. 

Reimbursement Rates for 

Over-Allocated Space. 

Procedures and Timelines for the 

Request for. Reimbursement for, and 

Provision of. Facilities. 

Mediation of Disputes. 

Operative Date of Changes. 

Education Technology 
Staff Development 

Program 

Definitions. 

Enhancing Education 
Through Technology Grant 
Program 



• 



162.3 



162.3 





§ 11971. 


Purpose. 




§ 11972. 


Federal Definifion. 




§ 11973. 


State Definitions. 




§ 11974. 


Eligibility Requirements. 




§ 11975. 


Application Process and 
Requirements. 




§ 11976. 


District Technology Plan 
Requirement. 




§11977. 


Funding. 




§ 11978. 


Funding Priority. 




§ 11979. 


Process for Awarding Grants. 




§ 11979.5. 


Uses of Funds. 


s 


jbchapter 21. 


Mathematics and Reading 
Professional Development 
Program 1 65 




§ 11980. 


Teacher Eligibility. 




§ 11981. 


Funding Allocation for Program 
Training Pursuant to Education 
Code Section 99237. 




§ 11981.3. 


Funding Allocation for Teachers of 
English Learners. 




§ 11981.5. 


Funding Limitafions. 




§ 11982. 


Local Education Agencies' 
Assurances of Compliance. 




§ 11982.5. 


Local Educational Agencies as a 
Consortium. 




§ 11983. 


Instructional Materials. 




§ 11983.5. 


Definition of Instructional Materials 
Otherwise Authorized by the 
California State Board of 
Education. 




§ 11984. 


Training Curriculum for the Initial 
Forty Hours. 




§ 11984.5. 


Curriculum Review of the Initial 
Forty Hours. 




§ 11984.6. 


Training Providers of the Initial 
Forty Hours. 




§ 11985. 


Training Curriculum for English 
Learner Professional Development. 



• 



Page 



XIV 



(7-11-2008) 



Title 5 



California Department of Education 



Table of Contents 



Page 



Page 



^ 11985.5. 
§ 11985.6. 
S 11986. 



Subchapter 21.5. 



§ 11987. 


§ 11987.1. 


i^ 11987.2. 


§ 11987.3. 


§ 11987.4. 


§ 11987.5. 


§ 11987.6. 


§ 11987.7. 


Subchapter 22. 


§ 11990. 



Subchapter 22.5. 



§ 11991. 
§ 11991.1. 



§ 11991.2. 
Subchapter 23. 



§ 11992. 
§ 11993. 
§ 11994. 

Subchapter 24. 



Article 1. 



Curriculum Review of English 
Learner Professional Development. 
Training Providers of English 
Learner Professional Development. 
Eligible Local Educational 
Agencies. [Renumbered] 

School Community Violence 
Prevention Program 168.2(a) 

Purpose. 

Eligibility to Apply for SCVP Grant 

Funds and Grant Application 

Requirements. 

Reviewing SCVP Grant 

Applications. 

Awarding SCVP Grants. 

Allowable/Non-Allowable Uses of 

SCVP Grant Funds. 

Reporting Requirements for the 

SCVP Program. 

Reimbursement of Program 

Expenditures. 

School Safety and Violence 

Prevention Training Grant. 

Reading First Program 168.3 

Funding Allocation. 

Reading First Achievement 

Index/Definition of 

Significant Progress 168.3 

Reading First Achievement Index. 

Defining Significant 

Progress/Continuance of Reading 

First Funding. 

Appeal Process. 

Defining Persistently 
Dangerous Public 
Elementary and Secondary 

Schools 168.4 

Provisions. 
Definitions. 
Data Collection. 

American Indian 
Education Centers 168.5 



§ 1 1996. 
§ 11996.1. 
§ 11996.2. 

§ 11996.3. 
i^ 11996.4. 

§ 11996.5. 
§ 11996.6. 
§ 11996.7. 
§ 11996.8. 
jj 11996.9. 
§ 11996.10. 
§ 11996.11. 



General Provisions 168.5 

Purpose. 

Definitions. 

American Indian Education 

Oversight Committee. 

Grant Application. 

Selection of Applications for Grant 

Awards. 

Grant Recipient Funding. 

Appeals of Grant Awards. 

Reporting Requirements. 

Fiscal and Program Monitoring. 

Grant Amount Revisions. 

Grant Extension. 

Budget Application Revisions. 



Chapter 12. 
Subchapter 1. 

Article 1. 

§ 12000 
§ 12001 

Subchapter 2. 
Article 1. 



Compensatory Education 168.8 

General Provisions 168.8 

General Provisions 168.8 

Definifions. 

Copies of Guidelines. 

Migrant Education 168.8 

Program Requirements 168.8 



§ 1 20 1 0. Types ol Programs That May Be 

Supported Through the Use of 
Migrant Education Funds. 

§ 1201 1 . Monitoring and Enforcement of 

Regulations. 

fj 12012. Composition of a Parent Advisory 

Council. 

Article 2. Program Eligibility 16X8 

§ 12013. Determining and Documenting 

Student Eligibility. 

Article 3. Comiplaint Procedures 168.x 

§ 12015. Vv^here to File the Complaint. 

§ 12016. Vv'hen Direct Involvement by the 

State Department of Education 

(SDE) Is Necessary. 
§ 12017. Procedures Which the Operating 

Agency Must Adhere to When 

Resolving a Complaint. 
§ 12018. Procedures Which the SDE Must 

Adhere to When Resolving a 

Complaint. 

Article 4. Fiscal Allocation and 

Service Delivery Structure 16X9 

§ 12019. Criteria for Designation as a 

Migrant Service Center. 
§ 12020. VVhat the Service Agreement Shall 

Contain. 
§ 1 202 1. Functions and Responsibilities To 

Be Carried Out by the Lead Agency 

of a Migrant Service Center. 
§ 12022. How a Migrant Service Center May 

Apply to Conduct a Migrant 

Education Project. 
§ 12023. How a Migrant Service Center May 

Revise Its Three- Year Project 

Application. 
§ 12024. How Migrant Education Funds 

Allocated to a School District May 

Be Reallocated by a Migrant Service 

Center. 
§ 12025. Procedure for Granting an Award to 

a Migrant Service Center. 
§ 12026. Definifions Applicable to the State 

Migrant Education Program. 

Subchapter 4. Preschool Educational 

Programs 1 68.9 

Subchapter 5. Special Teacher 

Employment Programs (K-6) 168.9 

Article 1. General Provisions 168.9 

§ 12050. Definifions. 

§ 12051 . Idenfificafion of the Most 

Concentrated Areas. 

§12052. Priority of Projects. 

§12060. Application for Funds. 

§ 12061. Content of Applicafion for Grants. 

Article 3. Teacher Aides 169 

§ 12065. Qualifications. 

§12066. Health Examination. 

§ 12067. Duties Under Supervision of 

Classroom Teacher. 
§ 12068. Dufies Not Under Direct 

Supervision of Classroom Teacher. 
§ 12069. FLelation to Instructional Program. 

§12070. Assignment on Team Basis. 

Subchapter 6. Demonstration Programs in 

Intensive Instruction 

(Reading and 

Mathematics) for Low 

Achieving Pupils in 

Grade 7, 8 or 9 169 



Page XV 



(7-li-2(iOS) 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Page 

Article 1 . General Provisions 169 

§ 12090. Definitions. 

Article 2. Applications 170 

§12091. Application for Funds. 

§ 12092. Application for Approval of 

Demonstration Program. 
§ 12093. Programs Operated by Public or 

Private Agencies. 
§ 12094. Program Content. 

§ 12095. Evaluation Committee. Preceding 

Approval. 

Article 3. Personnel in Program 170 

§12097. Teaching and Supervisory 

Personnel. 
§ 12098. Assistants. 

Article 4. Evaluation of Program 170 

§12099. Program Evaluation. 

Subchapter 7. New Careers in Education 

Programs 170 

Article 1. General Provisions 170 

§ 13000. Definitions. 

§ 13001 . Basic Requirements of the Program. 

§ 13002. Intern Financial Support. 

§13003. Duties of Team Leader 

§ 13004. Compensation of Team Leaders. 

§13005. CoordinaUon with the 

Compensatory Education Program. 
§13006. Funds for Student Support. 

§13007. Intern Eligibility. 

§13008. Selection of Interns. 

§ 13009. Applications for Funding. 

§ 13010. Eliminating an Intern from a 

Program. 
§ 13011. District Responsibilities. 

§ 13012. Services Provided by Institutions of 

Higher Education. 
§13013. Maintenance of Effort. 

§ 13014. Program and Reporting. 

§ 13015. Fiscal and Technical Requirements. 

§ 13016. Compliance with Nondiscrimination 

Requirements. 
§ 13017. Waivers. 

Subchapter 9. Professional Development 
and Program Improvement 
Programs 172 

Article 1 . General Provisions 172 

§ 13025. Definitions. 

§ 13026. Agencies Eligible to Apply. 

§13027. Establishing Professional 

Development Centers and 

Programs. 
§ 13028. Selecting the Center. 

§ 13029. Selecting Satellite Schools. 

§13030. Assurances Required. 

§ 13031. Personnel Rotation. 

§ 13032. Professional Development Steering 

Committee. 
§ 13033. Integration of the Center Program 

with Other Staff Development or 

Training Programs. 
§ 13034. Summer School Training Required. 

§ 1 3035. Maintenance of Effort. 

§ 13036. Legislative Ceiling on Per Capita 

Cost. 
§ 13037. Competitive Nature of the Program. 

§13038. Development of Program. 

§ 13039. Project Evaluation and Reporting. 

§13040. Confinuity of Funding. 

§ 13041. Reports and Inspection of Records. 

§ 13042. Fiscal and Technical Requirements. 



§ 13043. 

§ 13044. 
Subchapter 1 1. 

Article 1. 

§ 13050. 
§ 13051. 



§ 13052. 
§ 13053. 

Subchapter 12. 



Subchapter 13. 

§ 13075. 
§ 13075.1. 
§ 13075.2. 

§ 13075.3. 



§ 13075.4. 



Page 

Compliance with Nondiscrimination 

Requirements. 

Waivers. 

School Housing Aid for 
Compensatory Education 175 



General Provisions 

Application for Funds. 
Priorities to Districts Reducing 
Teacher-Pupil Ratio. 
Basis of Priorities. 
Computation of Entitlements. 

School Housing Aid for 
Districts Impacted by 
Seasonal Agricultural 
Employment 



175 



175 



Supplemental Services 175 

AppUcation of this Subchapter. 

Definitions. 

Application, Quality Requirements 

and Approval. 

Submission of an Annual 

End-of-Fiscal-Year Report by 

Approved Providers. 

Termination as an Approved 

Provider. 



Chapter 13. School Facilities and Equipment 176.1 

Subchapter 1. School Housing 176.1 

Article 1. General Standards 176.1 

§ 14000. Policy Declaration. 

§14001. Minimum Standards. 

Article 2. School Sites 176.1 

§ 14010. Standards for School Site Selection. 

§ 14011. Procedures for Site Acquisition — 

State-Funded School Districts. 
§ 14012. Procedures for Site Acquisition - 

Locally-Funded School Districts. 
§ 14013. Procedures for Site Acquisition - 

Locally-Funded Districts. 

Article 3. Attendance Areas and 

Practices 178 

Article 4. Standards, Planning and 

Approval of School 

Facilities 178 

§ 14030. Standards for Development of Plans 

for the Design and Construction of 

School Facilities. 
§ 14031. Plan Approval Procedures for 

State-Funded School Districts. 
§ 14032. Plan Approval for State-Funded 

School Districts. 
§ 14033. ApplicabiUty of Plan Standards to 

Locally-Funded School Districts. 
§ 14034. Planning Guides. 

§14035. Abandonment of Inadequate 

Facilities. 
§ 14036. Integrated Facilities. 

§ 14037. Integrated Facilities. 

§ 14040. Scope of Article. 

§ 14041. Plans. 

§ 14042. Justification Procedure. 

§ 14043. Approval. 

§14044. Change Orders. 

§14045. Abandonment of Inadequate 

Facilities. 
§ 14046. Building Area Required to Provide 

Adequate Facilities for Exceptional 

Children. 



Page 



XVI 



(7-11^2008) 



Title 5 



California Department of Education 

Page 

Use of School Buses and Subchapter 3.5. 

School Pupil Activity 

Buses 183 

^ , „ . . § 13130. 

ueneral Provisions 183 

Scope of Chapter. 

Definitions. § 15131. 

Bus Evacuation Instruction. § 15132. 

Authority of the Driver. § 15133. 

instructor Certificate Cancellation. 

Suspension or Revocation: Request c u u , i nc 

• c eu Subchapter 3.75. 

and Scope ot Hearing. * 

School Bus and School Pupil 

Activity Bus (SPAB) Passenger 

Restraint System Use. ^ isidn 

School Buses 184 § 1-^141. 

Subchapter 4. 
School Finance 1 84 

Nonresident Tuition 184 

Definitions Under Education Code 

Section 37107. Article!. 

Budgeting, Accounting, §15150. 

and Reporting 184.1 5 - 

Article 2. 
Transfer of Funds from the 

School District General 

Fund to the Child § 15158. 

Development Fund and the 

Development Center for Article 3. 

Handicapped Pupils Fund 184.1 §15160. 

Budget Procedure. Subchapter 4. 1 . 

Order of Governing Board. 

Transfers and Refunds. 

Standardized Account Code 

Structure 184.1 § 15180. 

Standardized Account Code § 15181. 

Structure. § 15182. 

§ 15183. 
Annual Financial Statements . . . 184.2 

Submission of Annual Financial § 15184. 

Statements. § 15185. 
Alternative Form for Submission of 

Annual Financial Statements by § 15186. 

Charter Schools. § 15187. 

Decreases in Average ^ , , 

„.,.,,, ,. Subchapter 5. 

Daily Attendance tor ^ 

Apportionment Purposes 

Due to Executive Ratios Article 1. 

Pupils to Classroom | 15^41 

Teachers 184.2 § 15242. 

General Provisions 184.2 § 15243. 

Purpose. § 15244. 

Application and Exemptions. ArfiVlp 9 

Combined Grades. 
Definitions. 

Waiver of Class Size 

Requirements tor §15247 

Kindergarten 184.3 

Kindergarten Exemption. §15-48. 

School District Reports 184.3 §15249. 

Reports by School Districts. Article 3. 

Classes Maintained for Less Than 
the Full "Second Period." 
"Ungraded" Classes. 



Table of Contents 



Subchapter 2. 



Article I. 

§ 14100 
§ 14101 
§ 14102 
§ I4I03 
§ 14104 

§ 14105 



Subchapter 4. 



Chapter 14. 
Subchapter 



§ 15000 



Subchapter 
Article 1. 



§ 1 
§1 
§ 1 

Article 2. 

§ 1 

Article 3. 

§1 

§1 



5050 
5051 
5052 



5060 

5070 
5071 



Subchapter 3. 



Article 1 . 

§ 15100 
§ 15101 
§ 15102 
§ 15103 

Article 2. 

§ 15106 

Article 3. 

§ 15110 
§ 15111. 



Page 

Class Size Reduction 

Program Kindergarten - 

Grade 3 1X4.3 

Eiligibiiity for Participation in ihe 

Class Size Reduction Program 

Under Option Two. 

Oualification for Funding. 

Appointments to Charter Schools. 

Apportionment of Funds for Class 

Size Reduction. 

Program to Reduce Class 

Size in Two Courses in 

Grade 9 184.4 

Definitions. 

Certification of Enrollment. 

Reduction in State 

Support Due to Excessive 

Administrative Employee 

to Teacher Ratio 184.4(a) 

General Provisions 184.4(a) 

Purpose. 
Definition. 

Waiver of Full-Time 

Equivalent Administrative 

Employees 



184.5 



§ 15112. 



Administrative Employee 
Exemption. 

School District Reports 

Reports by School Districts. 

Reimbursement for Costs 

of Education for 

Institutional and Family 

Home Children 

Application for Program Approval. 

Entitlement. 

The Special Educational Program. 

Determination of Local Property 

Tax Share. 

Determination of Excess Cost. 

Determination of Total Allowable 

Income per Pupil. 

Revenue Limit. 

Claims and Audits. 

Notices. 

Allowances for Pupil 
Transportation 

Definitions 

Current Expenses. 

Minimum Transportation Distances. 

Excessive Distances and Relatively 

Few Pupils. 

Physically Handicapped Minors. 

Bus. 

Classification of School Bus 
Fleets for Transportation 
Allowance Purposes 

Definition. 

Establishment of School Bus Fleet 

Classes. 

Emergency Affecting Normal 

Classification: Exemption. 

Median Average Cost. 

Records and Available 

Information (All 

Districts) 



184.5 



184.5 



184.6 
184.6 



184.7 



184.7 



Page xvii 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



§ 15253. 
§ 15254. 
§ 15255. 

§ 15256. 

§ 15257. 



Article 4. 



§ 15260. 
§ 15261. 

Article 5. 

§ 15270. 
§ 15271. 



§ 15272. 
§ 15273. 



Article 6. 



§ 15280. 

§ 15281. 

§ 15282. 

§ 15283. 

§ 15284. 

§ 15285. 



Article 7. 



Page 

Available Information. 

Identification of School Buses. 

Record of Normal Pupils 

Transported. 

Records of All Pupil Transportation 

Expenses. 

Records of Receipts for Service and 

Sales. 

Additional Records and 
Available Information 
(Districts Maintaining Own 
Transportation System) 184.8 

Available Information. 

Record of Transportation Expense. 

Reports 184.8 

Annual Report. 

Exclusion from "Annual Report" 

(J-141) of Expense for Physically 

Handicapped and Mentally Retarded 

Pupils Coming Within Education 

Code Section 56515. 

Report of School Bus Purchase. 

Other Reports. 

Review and Approval of 
Expenditures 184.9 

Scope of Article. 

Limitation on Current Expenses. 

Deductions of Payments Received. 

Deductions for Certain Expenses 

and for Depreciation. 

Expenditures Exceeding 125% of 

the Median. 

Maximum Allowable for Excessive 

Distances. 



§ 15377. 



§ 15378. 


§ 15379. 


§ 15380. 


icle 3. 


§ 15384. 


§ 15385. 


§ 15386. 



§ 15387. 

§ 15388. 
§ 15389. 

§ 15390. 



Replacement of School Bus 
and Replacement Allowances 



184.9 



§ 15320. 


Disposal of Replaced Bus. 




§ 15321. 


Replacement. 




§ 15322. 


Replacement of More than One 
Small Bus in Certain Unified Schoo 
Districts. 


1 


§ 15323. 


Allowance for Expense of 
Replacing a Class 1 School Bus. 




§ 15324. 


Allowances for Expense of 
Replacing Class 2 School Buses. 




§ 15325. 


Adjustment for Use in Other Than 
Home-to-School Transportation. 




Article 8. 


Newly Formed Unified School 






Districts 


184.10 


§ 15340. 


Notification. 




§ 15341. 


Inclusion in Annual Report. 




§ 15342. 


Maximum Allowance for Capital 
Outlay. 




§ 15343. 


Maximum Allowance for Cunenl 
Expense. 




Subchapter 6. 


Revenue Limits for School 






Districts 


184.11 


Article 1. 


General Provisions 


184.11 


§ 15370. 


Scope of the Chapter. 




§ 15371. 


Definitions. 





§ 15391. 

§ 15392. 
Subchapter 7. 



Article I. 

§ 15400. 
§ 15401. 

Article 2. 

§ 15405. 
§ 15406. 
§ 15407. 



§ 15408. 



Article 2. 



§ 15375. 
§ 15376. 



Recomputation of 1978-79 
School District Revenue 
Limits 

Use of Official Schedules. 

Use of Actual Data. 



184.11 



Subchapter 8. 



Article 1. 

§ 15440. 



Page 

1978-79 Recomputed Revenue 

Limit for K-12 Programs Using 

Schedule B and Back-Up Schedules 

Q(B) and F. 

Calculation of Statewide Average 

1978-79 Revenue Limits for K-12 

Programs. 

1978-79 Recomputed Revenue 

Limit for Adult Programs Using 

Schedule BB. 

Calculation of Statewide Average 

1978-79 Adult Revenue Limit. 

Calculation of School 
District Revenue Limits for 
1979-80 184.14 

Use of Official Schedules. 

Use of Estimated or Actual Data. 

Calculation of 1979-80 Revenue 

Limit for School Districts Using 

Form K-12. 

Calculation of Increase in Revenue 

Limit for a High School District 

Maintaining a Junior High School 

Using Schedule J. 

Calculation of Increase in Revenue 

Limit Because of Declining 

Enrollment Using Schedule C. 

Calculation of Increase in Revenue 

Limit for Pupils in Children's 

Institutions and Foster Homes Using 

Schedule D. 

Calculation of Increase in Revenue 

Limit for Necessary Small 

Continuation High Schools for 

Fiscal Year 1979-80 and a Newly 

Organized Unified School District 

Which Became Effective for All 

Purposes on or After June 30, 1978, 

Using Schedule E. 

Calculation of Increase in Revenue 

Limit for Meals for Needy Pupils 

and Development Centers for 

Handicapped Pupils Using Schedule 

G. 

Calculation of Adult Revenue Limit 

Using Schedule S. 

Revenue Limits for County 

Superintendents of 

Schools 



184.19 



General Provisions 184.19 

Scope of the Chapter. 
Definitions. 



Computation of Revenue 
Limits for 1979-80 



184.20 



Use of Official Schedules. 
Use of Estimated or Actual Data. 
Computation of 1979-80 Revenue 
Limits for Physically Handicapped 
and Mentally Retarded Programs 
Using Schedule W and Back-Up 
Schedules WW and T. 
Computation of 1979-80 Revenue 
Limit for County School Service 
Fund Using Form O. 

Criteria and Standards 

for School District 

Budgets and Interim 

Reports 

Budget Review 

General. 



184.25 
184.25 



• 



Page xviii 



Title 5 



California Department of Education 



Table of Contents 



Page 



Page 



§ 15441. 


Average Daily Attendance (Al^A). 




ij 15442. 


Hnrollment. 




Jj 15443. 


Average Daily Attendance to 
Enrollment. 




!^ 15444. 


Revenue Linvit. 




J^ 15445. 


Salaries and Benefits. 




§ 15446. 


Other Revenues and Expenditures. 




§ 15447. 


Facilities Maintenance. 




S 1.5448. 


Deficit Spending. 




S 15449. 


Fund Balance. 




S 154.50. 


Reserves. 




J^ 1.5451. 


Supplemental Information. 




§ 15452. 


Supplemental Information. 
[Repealed] 




Article 2. 


Interim Report Review 


184.27 


§ 1545.1. 


General. 




§ 15454. 


Fund and Cash Balances. 




S 1.5455. 


Reserves. 




§ 15456. 


Deficit Spending. 




§ 15457. 


Average Daily Attendance. 




§ 15458. 


Enrollment. 




§ 15459. 


ADA to Enrollment. 




§ 1.5460. 


Revenue Limit. 




S 15461. 


Salaries and Benefits. 




§ 1.5462. 


Other Revenues and Expenditures. 




^ 15463. 


Facilities Maintenance. 




§ 15464. 


Supplemental Information. 




§ 15465. 


Cash Balance. 




S 15466. 


Supplemental Information. 




Subchapter 9. 


Criteria and Standards 





for County Office of 
Education Budgets and 
Interim Reports 



184.30 



Article 



Budget Review 184.30 



§ 15467. 


General. 




§ 15468. 


Average Daily Attendance. 




§ 1 5469. 


Revenue Limit. 




§ 15470. 


Special Education Entitlement. 




§ 15471. 


Salaries and Benefits. 




§ 15471.1. 


Other Revenues and Expenditures. 




§ 15471.2. 


Facilities Maintenance. 




§ 15472. 


Deficit Spending. 




§ 15473. 


Fund Balance. 




§ 15474. 


Reserves. 




§ 15475. 


Supplemental Information. 




icle 2. 


Interim Report Review 


184.32 


§ 15476. 


General. [Repealed] 




§ 15477. 


Other Revenue. [Repealed] 




J? 15478. 


Other Operating Expenses. 
[Repealed] 




§ 15479. 


Other Sources and Uses. [Repealed] 




§ 15479.5. 


Supplemental Information. 
[Repealed] 




§ 15480. 


General. 




J5 15481. 


Fund and Cash Balances. 




§ 15482. 


Fund Balance. 




§ 15483. 


Reserves. 




§ 15484, 


Deficit Spending. 




§ 15485. 


Average Daily Attendance. 




§ 15486. 


Revenue Limit. 




§ 15487. 


Other Revenues. [Repealed] 




§ 15488. 


Salaries and Benefits. 




S 15489. 


Other Revenues and Expenditures. 




ij 15490. 


Facilities Maintenance. 




§ 15491. 


Fund Balance. 




§ 15492. 


Cash Balance. 




§ 15493. 


Supplemental Information. 





Chapter 15. Child Nutrition Programs 184.32(d) 

Subchapter 1. Food Sales, Food Service, 

and Nutrition Education 184.32(d) 



Article 1 . Food Sales by Student 

Organizations 184.32(d) 

§ 15500. Food Sales in Elementary Schools. 

v5 15501 . Sales in High Schools and Junior 

High Schools. 

Article 2. IVIandatory IVIeals for Needy 

Pupils 184.33 

§ 15510. Definitions. 

§15511. Plan of Operation. 

Articles. Nutrition Education 184.33 

§15530. Scope of Article. 

§15531. Eligibility. 

§ 15532. Procedure for Filing an Application. 

§ 15533. Criteria for Approving 

Applications. 

§ 15534. Procedure for Funding. 

§ 15535. Procedure for Project Manageinent. 

Article 4. School Lunch and Breakfast 

Programs 1 84.34 

§ 15550. Scope. 

§15551. Definitions. 

§ 15552. Authority. 

§ 15553. Administration. 

§ 15554. Agreements. 

§ 15555. Eligibility. 

§15556. Payment of Claims. 

§ 15557. Responsibilifies of Child Nutrition 

Entities. 
§ 15558. Requirements for Nutritionally 

Adequate Lunch or Breakfast. 
§ 15559. Requirements for Basic Breakfast. 

§ 15560. Requirements for Special Breakfast. 

§ 15561. Modification of Nutrition 

Requirements. 
§ 15562. Meals Eligible for Reimbursement. 

§ 15563. Meal Requirement for Needy 

Students. 
§ 15564. Reimbursement Procedure. 

§ 15565. Notification of Changes in 

Reimbursement Rates. 

Article 5. California Fresh Start Pilot 

Program 184.35 

§15566. Purpose and Scope. 

§ 15567. Definitions. 

§ 15568. Requirements for Participation. 

§ 15569. Strategies. 

Chapter 16. Governing Boards of School 

Districts 184.36(a) 

Subchapter 1 . Contracts with Federal 

Agencies 1 84. 36(a) 

Article 1. Approval of Contracts 184 36(a) 

§ 16000. Approval of Contracts with Federal 

Agency. 
§ 16001. Contracts with Federal Agency by 

School District or County 
Superintendent of Schools. 

Subchapter 2. Destruction of Records of 

School Districts 184.36(a) 

Article 1. General Provisions lH4.36(a) 

§16020. Definition of Records. 

§16021. Scope of Chapter. 

§16022. Classificafion of Records. 

Article 2. Period of Retention 184.36(b) 

§ 16023. Class 1 — Permanent Records. 

§ 16024. Class 2— Optional Records. 

§ 16025. Class 3 — Disposable Records. 

§16026. Retention Period. 



Page xix 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 







Page 






Page 


^ 16027. 


Destruction of Records. 




Article 5. 


Purchase, Replacement, 




§ 16028. 


Transfer of Records. 






Operation, and Maintenance 




Article 3. 


Steps in Destruction 


. 184.37 




of Automotive Equipment 


184.40 


Subchapter 2.5. 


Historical Inventory of 




J? 17300. 
§ 17301. 


Application. 
Purchasing Procedure. 






Equipment 


. 184.37 


§ 17302. 


Motor Vehicle and Trailer 




§ 16035. 


Definition of Terms. 






Purchases. 




§ 16036. 


Listing. 




§ 17303. 
§ 17304. 


Motor Vehicle Replacements. 
Repair and Replacement of Parts of 




Subchapter 3. 


School Libraries 


. 184.37 




Passenger Type Vehicles. 
Public Liability and Property 








J? 17305. 




Article 1. 


School Library Services 


. 184.37 




Damage Insurance. 




!? 16040. 


Definitions. 




§ 17306. 


Comprehensive Insurance. 




§ 16041. 


Content of School Libraries. 




§ 17307. 


Maintenance Procedures. 




§ 16042. 


Services for Pupils and Teachers. 




§ 17308. 


Conditions Governing the Operation 




§ 16043. 


Duties of Library Personnel. 






of Motor Vehicles and Trailers. 





Chapter 17. County Superintendents 184.38 

Subchapter 1 . Duties of the County 

Superintendent 184.38 

Services to School Districts 

and the California 

Department of Education 184.38 



Article 6. 



Article 1. 



§ 17101. 


Definition of "Under Review." 




Article 2. 


Reports to the State 






Department of Education 


184.38 


Subchapter 2. 


Fiscal Responsibilities 
of the County 






Superintendent 


184.38 


Article L 


Report of Miscellaneous 
Funds Pursuant to Education 






Code Section 17606 


184 38 


§ 17260. 


Time of Report. 




§ 17261. 


Funds to Be Reported. 




§ 17262. 


Funds Not to Be Included. 




Article 2. 


Allowances for Emergency 






Purposes 


184.39 


§ 17270. 


Application. 




§ 17271. 


"Emergency" Defined. 




§ 17272. 


Allowances for Emergency 
Elementary Schools. 




§ 17273. 


Other Emergency Financial Aid to 
School Districts. 




§ 17274. 


Allowances for Emergency 
Financial Aid. 




§ 17275. 


Use of Funds of Suspended School 
Districts. 




§ 17276. 


Use of Forest Reserve Funds. 




§ 17277. 


Approvals by County Board of 
EducaUon. 




§ 17278. 


Final Filing Date for Claims. 




Article 3. 


Reimbursement of Travel 





§ 17320. 


§ 17321. 


§ 17322. 


Article 7. 


§ 17340. 


§ 17341. 


§ 17342. 


§ 17343. 


§ 17344. 


§ 17345. 


§ 17346. 


§ 17347. 



Article 8. 



§ 17280. 
§ 17281. 
§ 17282. 
§ 17283. 



Article 4. 



§ 17290. 
§ 17291. 
§ 17292. 



Expense in Connection with 

Cooperative County 

Publication Projects 184.40 

Application. 

Definifion. 

Allowances for Reimbursement. 

Final Filing Date for Claims. 

Purchasing and Replacing of 

Capital Outlay Items 184.40 

Application. 

Purchasing Procedure. 

Limitations on Purchases. 



§ 17360. 
§ 17361. 
§ 17362. 
§ 17363. 

Article 9. 

§ 17370. 

Subchapter 3. 

Article 1. 

§ 17401. 

Article 2. 

§ 17403. 

§ 17404. 
Subchapter 4. 



§ 17430. 
§ 17431. 
§ 17432. 
§ 17433. 
§ 17434. 
§ 17435. 
§ 17436. 



Coordination of the 

Educational Program by the 

County Superintendent 184.41 

Definition. 

Level at Which Services to Be 

Provided. 

Responsibility of District. 

County School Service Fund 

Budget Procedures 184.42 

Subnaitting the Budget. 

Tentafive Approval of Budget. 

Approval of Final Budget. 

Budget Review. 

Appropriation for Contingencies. 

Cumulative Reserve. 

Trust Accounts. 

Publications Included in Budget. 

County Tax for the 

Identification and 

Education of Physically 

Handicapped Minors by a 

County Superintendent 184.43 

Requirement of a Tax Levy. 

Definitions. 

Determination of Amount. 

Restricted Account. 

Petty Theft Fine Fund 184.43 

Establishment and Allocations. 

Destruction of Records of 

a County Superintendent 184.43 

General Provisions 184.43 

Definitions. 

Authorization and Procedure . . 184.44 
Applicable Provisions of Sections 
16020 through 16028. 
Classification of Records Filed by 
Districts. 

Travel Expenses for 

County Superintendents 

of Schools and 

Designated Staff 

Members 184.44 



Applicafion. 
Definitions. 
Conditions of Payment. 
Claims for Travel Expense. 
Subsistence Allowances. 
Transportation Allowances. 
Budgeting and Accounting for 
Travel Expense. 



Page XX 



(7^11-2008) 



Title 5 California Department of Education Table of Contents 

Page Page 

Chapter 18. California Slate Special Schools S 17645. Cause. fRcpealcdj 

r »u r^ r ni" j c» ^ '^ 17646. Notice of Terminalioii. 

lor the Deal or Blind, or State v n. .-, n ,o i ji 

5^ 17647. Hearing. | Repealed] 

Diagnostic Centers 184.45 §17648. Appeaf. 

§ 17649. Termination. | Repealed] 

Subchapter 1 . Employees 184.45 § ]7650. Appointment alter Termination. 

Article 1 . Pay Plan lor the Exempt Subchapter 2. State Special Schools 

Teaching Staff of the State Admission Process 184.48(b) 

Special Schools and Article 1 . California School for the 

Diagnostic Centers 184.45 Deaf 184.48(b) 

S 17600. Application of Article. §17660. Definitions. 

S 17601. Definitions. §17661. Admission Process for the 

§ 1 7602. Fixing of School Term. Summer California School for the Deaf 

Session, and School Holidays. (CSD). 

§17603. Amendment of Calendar. §17662. Eligibility for Enrollment in CSD's 

§17604. Categories of Employees for Pay Dav Program. 

Plan Purposes. § 1 7563. Eligibility for Enrollment in CSD's 

§17604.1. Establishment of Exempt Residential Program. 
Classifications. 

§ 17605. Effective Date of Initial Article 2. California School tor the 

Appointment. Blind 184,48(c) 

§17605.1. Failure to Meet a Requirement for §17664 Definitions 

Continuing Employment. j^ ] -jf^^^^] Admission Process for the 

§ 17606. Pay Plan for School Term C:alifomia School for the Blind 

Employee. (CSB) 

§ 17607. Pay Plan for Summer Session j^ l^^,^,^ Eligibility for Enrollment in CSB's 

Employee. ^)^y Program. 

§ 17608. Pay Plan for Other Exempt § , 7^,67. Eligibility for Enrollment in CSB's 

Employees. Residential Program. 
§ 17609. Personal Leave Days. 

Article 2. Work Days and Vacation Chapter 1 9. Child Care and Development 

Credit 184.47 Programs 184.49 

§17624, Application of Article. Subchapter!. Award of Funding for 

§ 17625. Definitions. ChTH C^ nnH 

§ 17626. Categones and Classifications of ^""" ^^''^ ^"^ 

Employees. Development Programs 184.49 

§ 17627. School Term Exempt Employees. » • 1 1 ^ , r, ■ ■ 

§ 1 7628. Fiscal Year Employees. Article 1 . General Provisions 1 84.49 

§17629. Summer Session Employees. §17906. Fiscal Control. 

Substitute Teachers, and Readers for § 17930. Definitions, 

the Blind. §18000. Definitions. 

§ 18001. Eligibility for Funding. 

Article 3. Tenure Rights ot Exempt » . , ^ r. , • ,-^ 

<;,,.,. 18/148 Article 2. Selection 01 Contractors 184.49 

., ,^ ' !- ■ • r„ ' ' ,\ ' § 18002. Application Review and Award of 

§ 17630. Definitions. [Renumbered] Contract 

§17630.1. Application of Article._ ^ ,8003 Contract Award Disputes. 

§ 17630.2. Categones and Classifications of § 18005 Contractor Eligibility for Slate Child 

Employees, and Definitions. Care Facilities Fund. 

§ 1 763 1 Acquisition of Tenure. g j gQoe. Priorities for State Child Care 

§ 1 7632. Tenure of a Supervisory or Facilities Fund (School Age 

Managenal Employee. Community Child Care Programs). 
§17633. Reappointment and Notice of 

intenfion Not to Reappoint. Article 3. State Child Care Facilities 

[Repealed] p^nd 184.50 

§ 17634. Acceptance of Appointment or ^^^^^ p^.^^.,^^^ ^^^ 

Reappointment. [Repealed] ^,^^.j.^.^^ P^^^^ ^^^^^^ 

Article 4. Separation of Employees for ^ I8OO8. Funding Award Procedures for Stale 

Lack of Funds or Lack of ^^'^'^ ^""^ ^^^"''^ ''""'*^- 

Yv^Qj-j, 184 48(a) Article 4. Contingency Funds for 

§17638. Application of Article. Alternative Payment 

§ 17639. Definitions, Categories, and Programs 184.51 

Classifications of Employees. j^ lg009. ApplicaUon for Confingency Funds. 

§17640. Area and Order of Layofi. ^^ ^ ^ 

§17641. Notice of Layoff Article 5. Continued Funding 184.51 

§17642. Acceptance of Layoff §18010. Confinued Funding. 

. • , c T- • »• f c • § 18011. Location of the Program. 

Article 5. Termination ot a Supervisory ^ 

or Managerial Subchapter 2. General Requirements 184.51 

Appointment 184.48(a) Article 1. General Provisions 184.51 

§17643. Application of Article. §18012. Scope of Chapter. 

§17644. Definitions, Categories, and §18013. Definitions. 

Classifications of Employees. § 18014. Notification of Address Change. 



Page xxi 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Page 



Page 



§ 18015. 


Private Agencies; Open Board 
Meetings. 


S 18065. 


§ 18016. 


Materials Developed with Contract 
Funds. 


§ 18066. 


§ 18017. 


Prohibition Against Religious 
Instruction or Worship. 


§ 18067. 


§ 18018. 


Prohibition Against Presigned 
Checks, Child Development 


§ 18068. 




Division Prior Written Approval: 


§ 18069. 




Two (2) Authoriiied Signatures on 






Checks. 


§ 18070. 


§ 18019. 


Prohibition Against Loans and 


§ 18071. 




Advances. 


§ 18072. 


§ 18020. 


Compliance with Title 22 Cahfomia 
Code of Regulations. 




§ 18021. 


Payments to Family Child Care 
Providers. 


§ 18073. 


§ 18022. 


Contracts with Multiple Service 
Areas. 




§ 18023. 


Compliance Reviews of 
Contractors. 


Subchapter 2.5. 


§ 18024. 


Contractor's Termination for 
Convenience. 




§ 18025. 


Title, Use, Disposition and 






Retention of Equipment. 


Article 1. 


Article 2. 


Subcontracts 1 84.54 


§ 18074. 
§ 18074.1. 


§ 18026. 


Subcontracts Excluded from Scope 
of This Article. 


§ 18074.2. 


§ 18027. 


Private Contractors; Three (3) Bids 
for Subcontracts Exceeding the 


§ 18074.3. 




Amount Stated in Annual Contract. 


§ 18074.4. 



§ 18028. Prior Child Development Division 

Approval Required for All 
Subcontracts Exceeding the Amount 
Stated in the Annual Child 
Development Contract. 
Required Documents for Prior Child 
Development Division Approval of 
Subcontracts. 

Child Development Division 
Approval or Disapproval of 
Subcontract Within Thirty (30) 
Calendar Days. 

Required Subcontract Provisions. 
Audit Requirements for 
Subcontracts. 

Costs 184.55 

General Standards. 
Specific Items of Reimbursable 
Costs. 

Nonreimbursable Costs. 
Charging of Expenditures. 
Recoupment of Advanced Contract 
Funds. 

Use of Subsidized Parent Fees. 
Prior Approval for Certain Capital 
Outlay Expenditures. 
§ 1 804 1 . Prior Approval for Out-of-State 

Travel. 

Determination of 

Reimbursement 184.56 

§ 18054. Determination of Reimbursable 

Amount. 
§18055. Minimum Days of Operation. 

§ 18056. Reduction, Withholding, and 

Cancelling Apportionments to 
Contractors. 
§18057. Order of Expenditure. 

Article 5. Accounting and Reporting 

Requirements 184.57 

§18063. General Provisions. 

§ 18064. Child Development Fund; Interest 

Bearing Accounts. 



§ 18029. 


§ 18030. 


§ 18031. 
§ 18032. 


Article 3. 


§ 18033. 
§ 18034. 


§ 18035. 
§ 18037. 
§ 18038. 


§ 18039. 
§ 18040. 



Article 4. 



§ 18074.5. 

§ 18074.6. 

§ 18075. 
§ 18075.1. 

§ 18075.2. 

§ 18076. 
§ 18076.1. 
§ 18076.2. 
§ 18076.3. 

Subchapter 3. 

Article 1. 

§ 18077. 
§ 18078. 

Article 2. 

§ 18081. 
§ 18082. 
§ 18083. 
§ 18084. 

§ 18085. 

§ 18085.5. 



§ 18086. 
§ 18086.1. 



§ 18086.5. 
§ 18087. 



Enrollment and Attendance 

Accounting. 

Verification of Excused Absence; 

Policies. 

General Recordkeeping 

Requirements. 

Attendance and Expenditure 

Reports. 

Service Data Report for Resource 

and Referral Programs. 

Report Data. 

Audits and Auditors. 

Review of Audit by the State 

Department of Education Office of 

External Audits. 

Delinquent Audits; One-Time 

Extension; Liability for State 

Department of Education Audit 

Costs. 

Utilization of the 

Regional Market Rate 

Ceiling 184.60 

General Provisions 184.60 

Applicable Regulations. 
Definition(s). 

Application of Regional Market 
Rate Ceilings. 

Establishment of Reimbursement 
Rate. 

Establishment of Provider 
Reimbursement Rate Utilizing the 
Comparable Local Rate. 
Establishment of Hourly 
Reimbursement Rate for 
In-Home/Exempt Providers. 
Determination of Reimbursement 
Amount. 

Reimbursement Rate Categories. 
Adjustment for Evenings and/or 
Weekends for Licensed Providers. 
Adjustment for Children with 
Exceptional Needs. 
Limitations on Reimbursement. 
Other Reimbursable Fees. 
Reimbursable Hours of Care. 
Reimbursement to Multiple 
Providers. 

General Child Care 

Programs 184.63 

General Provisions 184.63 

Scope of Chapter. 
Definitions. 

Family Data File 184.64 

Contents of Family Data File. 
Certification of Eligibility. 
Application for Services; Contents. 
Documentation of Income 
Eligibility. 

Documentation of Public 
Assistance. 

Documentation of Need Based on 
Employment, Seeking Employment, 
Training, Seeking Housing, and 
Incapacity; In General. 
Documentation of Employment. 
Documentation of Employment in 
the Home or a Licensed Family Day 
Care Home; Service Limitations. 
Documentation of Seeking 
Employment; Service Limitations. 
Documentation of Training Toward 
Vocational Goals; Service 
Limitations. 



Page xxii 



(7-11-2008) 



Title 5 



California Department of Education 



Table of Contents 



Page 



Page 





J? 18088. 




§ 18089. 




§ 18090. 




§ 18091. 




§ 18092. 




§ 18092.5 




§ 18093. 




^ 18094. 




§ 1 8095. 




S 18096. 


Artie 


e3. 




§ 18100. 



i? 18101. 



!^ 18102. 



§ 18103. 


§ 18104. 


Article 4. 


§ 18105. 


§ 18106. 


§ 18107. 


Article 5. 


§ 18108. 


§ 18109. 


§ 18110. 


§ 18111. 


^ 18112. 


§ 18113. 


§ 18114. 


§ 18115. 


§ 18116. 


§ 18117. 


Article 6. 


§ 18118. 


§ 18119. 


J^ 18120. 


§ 18121. 


§ 18122. 



Subchapter 4. 
Article 1. 



Documentation of Parental 

Incapacity; Service Limitations. 

Documentation of the Child's 

Exceptional Needs. 

Documentation of Homelessness. 

Documentation of Seeking 

Permanent Housing: Service 

Limitations. 

Documentation of Child Protective 

Services. 

Documentation of At Risk of Abuse. 

Neglect, or Exploitation. [Repealed] 

Certification of Federal Eligibility 

for the Federal Based Migrant 

Program. 

Notice of Action. Application for 

Services. 

Notice of Action. Recipient of 

Services. 

Calculation of Income. 

Enrollment 184.68(c) 

Documentation and Determination 

of Family Size. 

Parents Seeking Employment; 

Eligibility and Service Limitation. 

[Renumbered] 

Notice to Families of Their 

Responsibility to Notify Contractor 

of Changes to Family 

Circumstances. 

Recertification. 

Limited Term Service Leave 

Requirements. 

Admission Policies and 

Procedures 184.68(d) 

Admission Policies and Procedures; 

Interview. 

Admission Priorities; Waiting List; 

and Displacement. 

Residency Requirements. 

Parent Fees 184.69 

Fee Schedule. 

Fee Assessment; Explanation to 

Parents. 

Exceptions to Fee Assessment. 

No Additional Payments or Costs; 

Refunds; Exceptions. 

Credit for Fees Paid to Other 

Service Providers. 

Receipt for Payment of Fee; 

Retention of Copy for Records. 

Advance Payment of Fees; 

Delinquent Fees; Notice of 

Delinquency. 

Plan for Payment of Delinquent 

Fees. 

Consequences of Nonpayment of 

Delinquent Fees. 

Confidentiality of Records. 

Due Process Requirements 184.70 

Approval or Denial of Child Care 
and Development Services. 
Changes Affecting Service. 
Clients Request for a Hearing; Rules 
and Procedures. 
Appeal Procedure for Child 
Development Division Review. 
Contractor Compliance with Child 
Development Division Decision; 
Reimbursement for Services During 
the Appeal Process. 

State Preschool Program 184.71 

Scope of Chapter 184.71 



§ 18130. Scope of Chapter; Applicable 

Regulations. 

Article 2. Enrollment Priorities 184.71 

§ 18131 . Enrollment Priorities for State 

Preschool Programs. 
§ 18132. Certificationof Eligibility; Wailing 

List. 
§ 18133. Elxceptions to Enrollment Priorities; 

Ten Percent (10%) Limitation. 
§ 18134. Exceptions to Calculation of 

Adjusted Monthly Income (as 

Defined in Section 1 8078) for 

Military Personnel. 

Article 3. Other Requirements 184.72 

J:; 18135. Volunteers; Staffing Ratios. 

§ 18136. Minimum Hours and Days of 

Operation. 

Subchapter 5. School-Age Parenting and 
Infant Development 
Programs 1 84,72 

General Provisions 184.72 

Definitions. 

Agencies Who May Operate This 
Program. 

Services Which Shall Be Provided. 
Location of the Program. 
Eligibility for School-Age Parenting 
and Infant Development Program. 
Priority for Service. 
Advisory Council Component. 
Composition of Advisory Council. 
Minimum Number of Meefings. 
Records of Council Meetings. 
Admission Policies and Procedures. 
Confidentiality of Record. 
Parent Fee. 
Compliance Reviews. 
Compliance Review Worksheet. 
Quality Evaluation. 
Compliance Review Process. 
Adequacy of Program Components. 
Evaluation Requirements. 
Application Procedure. 
Renewal of Current Operating 
Programs. 

Fiscal Provisions 184.73 

Funding. 

Method of Reimbursement. 
Attendance Factor. 
Claim for Reimbursement. 
Budget Procedures. 

Educational Provisions 184.73 

Program Components for 
School-Age Parents and Other 
Participating Students. 
§ 18167. Educational Stimulation 

Component. 

Article 4. Personnel Provisions 184.73 

§ 18168. Personnel and Their Duties with 

Infants and Toddlers. 

Article 5. Structural and Safety 

Provisions 1 84.73 

§ 18169. Standards for Building and Ground. 

Article 6. Health Provisions 184.73 

§ 18170. Health Services Component. 

Article 7. Nutrition Provisions 184.73 

§18171. Nutritional Component. 

Articles. Social Services Provisions 184.73 

§ 18172. Social Services Requirement. 



Article 1. 


§ 18140 


§ 18141 


§ 18142 


§ 18143 


§ 18144 


§ 18145 


§ 18146 


§ 18147 


§ 18148 


§ 18149 


§ 181.50 


§ 18151 


§ 18152 


§ 18153 


§ 18154 


§ 18155 


§ 18156 


§ 18157 


§ 18158 


§ 18159 


§ 18160 


Article 2. 


§ 18161 


§ 18162 


§ 18163 


§ 18164 


§ 18165 


Article 3. 


§ 18166 



Page xxiii 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



§ 18173. 
§ 18174. 

Subchapter 6. 

§ 18175. 

Subchapter 7. 

Article 1. 

§ 18180. 

Article 2. 

§ 18181. 
§ 18182. 
§ 18183. 

§ 18184. 

Subchapter 7.5. 

Article 1. 

§ 18190. 

Article 2. 

§ 18191. 
§ 18192. 

Subchapter 8. 



Article 1. 

§ 18200. 

Article 2. 

§ 18201. 

§ 18202. 
§ 18203. 

§ 18204. 

§ 18205. 

§ 18206. 
§ 18207. 
§ 18208. 

Subchapter 9. 

§ 18210. 

§ 18211. 
§ 18212. 

§ 18213. 
Subchapter 10. 

Article 1. 

§ 18220. 

Article 1.5. 

§ 18220.2. 



Page 

Social Services Contracts. 
Social Services Components. 

Campus Child Care 

Program 184.73 

Applicable Regulations. 

Federal Based Migrant 

Program 1 84.74 

Scope of Chapter 184.74 

Scope of Chapter: Applicable 
Regulations. 

Eligibility and Enrollment 

Priorities 184.74 

Definitions. 

Enrollment Priorities. 

Eligibility Certification for Federal 

Based Migrant Programs. 

Migrant Student Record Transfer 

System. 

State Based Migrant 

Program 1 84.74 

Scope of Chapter 184.74 

Scope of Chapter: Apphcable 
Regulations. 

Eligibility and Enrollment 

Priorities 184.74 

EligibiHty Criteria. 

Priorities for Enrollment; Waiting 

List; Displacement Order. 

School Age Community 

Child Care Services 

Program (Latch Key) 184.74 

Scope of Chapter 184.74 

Scope of Chapter: Applicable 
Regulations. 

General Provisions 184.75 

Waiting List; Priorities for 

Enrollment. 

Age Limitation. 

Staff Qualifications — Program 

Director for School Age Programs 

AdultyChild Ratios in Group Child 

Development Programs. 

Staff Qualifications — Site 

Supervisor. 

Staff Qualifications — Teacher. 

Staff Qualifications — Teacher Aide. 

Ratios Based on Average 

Attendance. 

Severely Handicapped 

Program 1 84.75 

Scope of Chapter: Applicable 

Regulations. 

Eligibility. 

Additional Basic Data File 

Requirements. 

Minimum Hours of Operation. 

Alternative Payment 

Program 184.76 

Scope of Subchapter 184.76 

Scope of Subchapter: Apphcable 
Regulations. 

General Provisions 184.76 

Definitions. 



Article 2. 

i^ 18220.6. 
S 18221. 
§ 18222. 
§ 18223. 

§ 18224. 
Article 2.5. 



§ 18224.2. 



§ 18224.4. 



Article 3. 

§ 18225. 

§ 18226. 
§ 18228. 

§ 18229. 

Article 4. 

§ 18230. 

§ 18231. 
Subchapter 11. 

Article 1. 

§ 18240. 

§ 18240.5. 
Article 2. 

§ 18241. 
§ 18242. 

§ 18243. 

§ 18244. 
§ 18245. 
§ 18246. 
§ 18247. 
§ 18248. 



§ 18249. 



ubchapter 12. 


Article 1. 

§ 18270. 
Article 2. 


§ 18270.5. 
§ 18271. 



Page 

Policies and Procedures 184.76 

Provider Rate, Family Co-Payment. 

Information on Contractor Policies. 

Information to Be Given to Parents. 

Procedures for Provider 

Participation. 

Written Materials to Be Given to 

Providers. 

Receipt of Notification of 

Temporary Suspension Order, 

License Revocation, or 

Probation. Notification of 

Parents and Facilities 184.76(a) 

Receipt of Notification of 
Temporary Suspension or License 
Revocation from Resource and 
Referral Program. Nofification of 
Parents and Facilities. 
Receipt of Notification of 
Probationary Status of Facility from 
Resource and Referral Program. 
Notification of Parents and 
Facilities. 

Services and Payments 184.76(a) 

Plan for Continuity of Service and 

Expenditures. 

Plan for Provider Payments. 

Offset of Parent Fees Paid to 

Providers. 

Basic Data File; Receipt of 

Supportive Services. 

Records 184.76(b) 

Records on File Concerning 
In-Home Service Providers. 
Records on File Concerning Service 
Providers. 

Resource and Referral 

Program 184.76(b) 

Scope of Subchapter 184.76(b) 

Scope of Subchapter: Applicable 

Regulations. 

Definitions. 

Resource and Referral 

Service 184 76(h) 

Service Area. 

No Fees Charged for Referral 

Services. 

Resources Available for Service 

Providers. 

Written Referral Policies. 

Maximizing Parental Choice. 

Confidentiality of Information. 

Complaint Procedures. 

Removal from Referral List; 

Notification of Temporary 

Suspension, License Revocation, or 

Probation. 

Reinstatement of Provider or 

Facility at Conclusion of Probation 

or Temporary Suspension. 

Program Quality 184.77 

Scope of Chapter 184.77 

Scope of Chapter. 

General Program 

Requirements 184.77 

Definifions. 

Program Philosophy, Goals and 

Objectives. 



Page 



Title 5 



California Department of Education 



Table of Contents 



• 



i? 18272. 


i^ 18273. 


i; 18274. 


§ 18275. 


§ 18276. 


§ 18277. 


J^ 18278. 


i? 18279. 


^ 18280. 


§ 18281. 


Subchapter 13. 


§ 18290. 


ij 18291. 


§ 18292. 


Subchapter 14. 



i? 1829.S. 



Subchapter 15. 

i? 18300. 
§ 18301. 

§ 18302. 



Page 

Developmental Profile. 

Education Program. 

Stall Development Program. 

Parent Involvement and Education. 

Health and Social Services. 

Community Involvement. 

Nutrition. 

Program Self-Evaluation Process. 

Parent Survey. 

Environment Rating Scales. 

Staffing Ratios 184.79 

Staffing Ratios for Child Care and 
Development Programs. 
Commingling of Age Categories. 
Staffing Ratio Variance. 

Waiver of Qualifications 

for Site Supervisor 184.79 

Waiver of Qualifications for Site 

Supcrvi.sor; Conditions. 

Appeal and Dispute 
Resolution Procedures 



184.79 



§ 18303. 

§ 18304. 

§ 18305. 
§ 18306. 

§ 18307. 

§ 18308. 



Scope of Chapter. 

Termination. Suspension, and Major 

Reductions in Contract. 

Contractor's Responsibility After 

Notice of Termination or Notice of 

Decision to Make No Offer of 

Continued Funding. 

Administrative Review of Changes 

in Contract Status. 

Conditional Status Imposed During 

the Contract Period. 

Conditional Status Addendum. 

Monthly Reports; Inventory of 

Equipment. 

Duration of Conditional Contract 

Status. 

Resolution of Contract 

Administration Disputes. 



Chapter 19.5. 

Subchapter 1. 

Article 1. 

§ 18400. 

Subchapter 2. 

Article 1 . 

§ 18405. 

Article 2. 



§ 18406. 
§ 18407. 
§ 18408. 
§ 18409. 



CalWORKs and Child Care and 
Development Programs 184.81 

Definitions 184.81 



§ 18409.5. 



18410. 



§ 18411. 



Article 3. 



§ 18412. 



General Provisions 184.81 

Definitions. 

CalWORKs Stage 2 Child 

Care Program 1 84.82 

General Provisions 184.82 

Scope of Subchapter. 

Requirements and Procedures 

for Receiving CalWORKs 

Stage 2 Services 184.82 

Family Eligibility. 

Child Eligibility. 

Eligibility Duration. 

Enrollment into CalWORKs Stage 2 

By Transfer from Another 

CalWORKs Agency. 

Enrollment into CalWORKs Stage 

2 When Not Transferring from 

Another CalWORKs Agency. 

Contractor Responsibilities for 

Maintaining Family Eligibility. 

Eligible Providers. 

Requirements for Family Data 

File 184.85 

Family Data File. 



Article 4. 

§ 18413. 
§ 18414. 

Article 5. 

§ 18415. 

Article 6. 

S 18416. 

Article 7. 

§ 18417. 

Article 8. 

§ 18418. 
§ 18419. 

Subchapter 3. 



Article 1. 



18420. 



Article 2. 



§ 18421. 
§ 18422. 
§ 18423. 
§ 18424. 



§ 18425. 

ij 18426. 
Article 3. 

§ 18427. 

Article 4. 

§ 18428. 
§ 18429. 

Article 5. 

§ 18430. 
Article 6. 

§ 18431. 

Article 7. 

§ 18432. 

Article 8. 

§ 18433. 
§ 18434. 



Provider Payments and Parent 
Fees 

Provider Payments. 

Parent Fees and Co-payments. 

Program Policies 

Contractor Responsibilities. 

Data Reporting 

Data Reporting. 

Program Quality 

Quality. 

Due Process 

Parental Appeals. 

Notice of Action Requirements. 

CalWORKs Stage 3 Child 
Care Program 



General Provisions 

Scope of Subchapter. 

Requirements and Procedures 
for Receiving CalWORKs 
Stage 3 Services 

P^'amily Eligibility. 
Child Eligibility. 
Eligibility Duration. 
Enrollment into CalWORKs Stage 
By Transfer from Another 
CalWORKs Agency. 
Contractor Responsibilities for 
Maintaining Family Eligibility. 
Eligible Providers. 

Requirements for Family Data 
File 

Family Data File. 
Provider Payments and Parent 
Fees 

Provider Payments. 

Parent Fees and Co-Payments. 

Program Policies 

Contractor Responsibilities. 

Data Reporting 

Data Reporting. 

Program Quality 

Quality. 

Due Process 

Parental Appeals. 

Notice of Action Requirements. 



Page 

184,85 

184.86 
184.86 
184.86 
184.86 



184.87 
184.87 



184.87 



Chapter 20. 



State Board of Education 
Procedures 



Subchapter 1 . 


General Provisions 


Article 1. 


Public Hearing 


§ 18460. 
§ 18461. 
§ 18462. 
§ 18463. 
§ 18464. 

Subchapter 2. 


Public Hearings. 

Speakers. 

Copies of Statement. 

Presentation of Public Testimony. 

Waiver by President. 

Procedure for Appearance 
of an Employee Under 
Government Code Section 
1028.1 


Subchapter 3. 


Procedures Relating to 
Instructional Materials 



184.89 

184.90 

184.90 
184.90 
184.90 
184.90 



184.91 
184.91 
184.91 



184.91 



1 84.92 



Page XXV 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Page 



Page 



Article 1. 



§ 18530. 

§ 18531. 

§ 18532. 
§ 18533. 

§ 18534. 



Procedures for the Public 
Display of Textbooks, 
Public Hearing Given the 
Curriculum Development and 
Supplemental Materials 
Commission, and Receipt of 
Comments from the Public ... 

CiiiTiculum Commission 

Recommendation. 

Procedure for Hearing Given the 

Curriculum Commission. 

Display of Instructional Materials. 

Written Statements to the Board 

Regarding Instructional Materials 

and Curriculum Frameworks. 

Oral Comments from the Public; 

Notice of Intention to Present. 



184.92 



§ 18807. 


Disclosures to Consumers. 


{} 18808. 


Location of Approval or 




Authorization. 


Subchapter 2. 


Applications and 




Affidavits by 




Institutions 


§ 18809. 


Processing. 


§ 18810. 


Earned Fees. 


§ 18811. 


Consent to Inspection. 


Subchapter 3. 


Standards for Evaluating 




the Institution 



• 



§ 18535. 


Participation by the Public. 




§ 18536. 


Time Devoted to Oral Comments of 
the Public. 




§ 18537. 


Time Limitations. 




§ 18538. 


Manner of Oral Presentation. 




Article 2. 


Procedures for Submission 
and Opening of Bids for 
Elementary Instructional 






Materials 


184.92 


§ 18550 


Definitions. 




§ 18551 


Contents of Invitation to Submit 
Instructional Materials for Adoption 
in California. 




§ 18552 


Mailing of Invitation to Submit. 




§ 18553 


Submission of Instructional 
Materials. 




§ 18554 


Submission of Bids. 




§ 18555 


Opening of Bids. 




§ 18556 


Opening of Bids. 




§ 18557 


Estimated Cost of Manufacture. 




§ 18558 


Estimated Cost of Acquisition. 




Subchapter 4. 


Procedures Relating to 
Hearings on Proposals 
and Petitions for the 
Reorganization of School 






Districts 


184.93 


§ 18570 


Submission of Proposals and 
Petitions. 




§ 18571 


Arguments Before the Board 
(Original Submission). 




§ 18572 


Resubmissions and Petitions for 
Reconsideration. 




§ 18573 


Criteria for Reorganizafion of 
School Districts. 




§ 18574 


Policy. 




Subchapter 5. 


State Board of Education — 
Conflict of Interest 






Code 


184.94 


§ 18600 


General Provisions. 




Appendix 


184.95 


hapter 21. 


Private Postsecondary Education 






instructions 


184.95 


Subchapter 1. 


General Provisions 


184.95 


§ 18800 


Definitions, 




§ 18801 


Content of Diplomas and Degrees. 




§ 18802 


Custodian of Records. 




§ 18803 


Affiliation and Evaluation of Credit 




§ 18804 


Advertising. 




§ 18805 


Refund Policy. 




§ 18806 


Advertising. 





Article 1, 



§ 18814. 
Article 2. 



§ 18815. 
Article 3. 



Institutions Approved Under 
Education Code Section 

94310.2 

Standards. 

Institutions Authorized 
Under Education Code 

Section 94310.3 

Related Documents. 



184.97 



184.98 



184.98 



184.98 



Institutions Approved Under 
Education Code Section 

94311(d) 184.98 

§ 18816. Objectives Subject to Approval. 

§ 18817. Standards Relating to Instructors 

and Administrators. 
§ 18818. Standards Applicable to Courses of 

Instruction in Massage. 

Subchapter 4. Agents 184.99 

§18822. Agent's Permit. 

§ 18823. Standards. 

Subchapter 5. Enforcement 184.100 

§ 18825. Grounds for Denial, Revocation or 

Suspension of an Approval or 

Authorization. 
§ 18826. Grounds for Denial, Revocation, or 

Suspension of an Agent's Permit. 
§18827. Hearing Procedures. 

§ 1 8828. Automatic Termination. 

§ 18829. Standards Applicable to Courses of 

Instruction in Massage. 

Article 6. Student Tuition Recovery 

Fund 184.100 

§18831. Definitions. 

§ 18832. Institutions Subject to Assessment. 

§18833. Assessment Base. 

§ 18834. Due Date. 

§ 18835. Maximum Assessment. 

§ 18836. EnroIIee Assessment Refund. 

§ 1 8837. Application for Payment from the 

Fund. 

§ 18838. Payments from the Fund. 

§ 18839. Altemafive Method for Exemption 

from Participation in the Fund. 

§18840. Notification of EnroIIees. 

§18841. Automatic Termination. 

§ 18846. Definitions. 

§ 18847. Institutions Subject to Assessment. 

§ 1 8848. Assessment Base. 

§18849. Due Date. 

§18850. Maximum Assessment. 

§18851. EnroUee Assessment Refund. 

§ 18852. Application for Payment from the 

Fund. 

§ 18853. Payments from the Fund. 

§ 18854. Exempted Institutions. 

§18855. Nofification of EnroIIees. 

§18856. Administration of the Fund. 

Chapter 22. Veterans Education 1 84.102 



Page xxvi 



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California 



Department of Education Table of Contents 

Page Page 

§ 19503. School District Claim tor 

Allowance. 
§ 19504. County Superintendent's Claim tor 

Allowance. 
1^4 jQT §19505. F'lanning of Programs. 

§ 19506. Study Guides. 

Subchapter 2. California Maritime 
'^"^■'0- Academy 1X4.10.3 

Subchapter 3. Surplus Property 1X4.10.3 

Article 1. Direct Shipment of Food 

Commodities 1X4. 103 

I X4 10'' 

§19540. Direct Shipment of Commodities 

Donated by the United States 

1 X4. 1 03 Department of Agriculture. 

^g^jQ-^ Subchapter 4. Performance Based 

Accountability System 1X4.104 

§ 19600. Definitions. 

184 103 §19601. PBA System Reporting Procedures. 

Chapter 24. Library Services Provided by the 

State 1X4.106 



Subchapter 1. Approval of Nonaccredited 
Resident Courses in 
Educational 
Institutions 

Subchapter 2. Approval of 

Correspondence Courses . . 

Subchapter 3. Approval of Accredited 
Resident Courses in 
Educational 
Institutions 

Chapter 23. Miscellaneous Provisions 

Subchapter 1 . Instructional Television . . . 

Article 1. Classroom Instructional 

Television 

§ 19500. Scope. 

§19501. Definitions. 

§19502. Application for Approval. 



• 



• 



Page xxvii 



(7 11-2008) 



Title 5 



California Department of Education 



§50 



TITLE 5. EDUCATION 



Division 1. 



• 



California Department of 
Education 



Chapter 1. General Provisions 



Subchapter 1. Citation and Definitions 

§ 1 . Citation. 

NOTE: Authorily cited: Section 33031(a). Education Code. 

History 

1. New Chapter I (§§ 1 and 2) filed 9-23-69; etTective thirtieth dav thereafter 
(Register 69, No. 39). 

2. Amendment filed 9-23-77; etTective thirtieth day thereafter (Reeister 77, No. 
39). 

3. Repealer filed 12-14-83;effectivethirtiethdaythereafter(Register83, No. 51). 

4. Amendment of division headins filed 6-8-2004; operative 6-8-2004 (Register 
2004, No. 24). 

§ 2. Definitions. 

Throughout Part I of this title, unless otherwise indicated by the con- 
text: 

(a) "County superintendent" means the county superintendent of 
schools having jurisdiction. 

(b) "Department" means the State Department of Education. 

(c) "Governing board" means the governing board of a school district 
maintaining any grade K-12. 

(d) "Grade" includes kindergarten, unless otherwise specified. 

(e) "High school" includes junior high school, four year high school, 
senior high school, and continuation high school unless a contrary inten- 
tion appears, but excludes evening high schools, called "adult schools" 
in this title. 

( 1 ) "Four year high schools" are organized to include grades 9, 10, 11 , 
and 12. 

(2) "Junior high schools" are organized to include grades seven and 
eight; grades seven, eight, and nine; or grades seven, eight, nine, and ten. 

(3) "Senior high schools" are organized to include grades 10. 11, and 
12; or grades 1 1 and 12. 

(f) "K-12" means kindergarten and grades 1 through 12. 

(g) "Pupil" means a person enrolled in any grade K-12, in an ungraded 
class, or individual instruction. 

(h) "Regular day class" means a class maintained during the regular 
school day, as fixed by the governing board of the school district. Classes 
in special day and evening and summer schools, juvenile hall schools, re- 
medial classes, and classes for the physically handicapped, mentally re- 
tarded, severely mentally retarded, educationally handicapped, and men- 
tally gifted are not regular day classes. 

(i) "Regular full-fime day school" means a school maintained by a 
school district during the day, as distinguished from evening or night, for 
not less than 1 75 days during the fiscal year and for not less than the mini- 
mum school day established by or pursuant to law. 

(j) "School" means a public school maintained for a grade or grades, 
K-12. 

(k) "Section" means a section of this code, unless some other code or 
statute is expressly mentioned. 

(/) "State Board" means the State Board of Education. 
History 
1. Amendment of subsection (f) filed 9-23-77; effective thirtieth day thereafter 

(Register 77, No. 39). 



Subchapter 2. School Sessions 

History 

Repealer of Chapter 2 (Sections lOand I 1) filed 9-23-77; effective thirtieth day 
thereafter (Register 77, No. 39). For prior history see Register 70, No. 9. 



Subchapter 3. Flag of the United States 

History 

1 . Repealer of Chapter 3 (Secfions 20 and 2 1 ) filed 9-23-77; effective thirtieth day 

thereafter (Register 77, No. 39). For prior history, see Register 69, No. .39. 



Subchapter 4. Affirmative Action 
Employment Programs 

§ 30. Statement of Policy. 

It continues to be the policy of the State Board of Education to provide 
equal opportunity in employment for all persons and to promote the total 
realizafion of equal employment opportunity through a continuing affir- 
mative acfion employment program. It is the intention of the Board to im- 
plement that policy and to implement Sections 44100 through 44105 of 
the Educafion Code as added by Chapter 1090 of the Statutes of 1977 
(S.B. 179 ). 

NOTE: Authority cited for Chapter 4 (Sections 30 and 31): Article 4 (Sections 
44100-44105) of Chapter I, Part 25, Division 3, Educafion Code. 

History 
1 . Repealer of Chapter 4 (Secdons 3C^36) and new Chapter 4 (Sections 30 and 3 1 ) 

filed 5-17-78; effecUve thirtieth day thereafter (Register 78, No. 20). For prior 

history, see Registers 77, No. 39; 75, No. 39; 74, No. 16. 

§ 31 . Development and Implementation of Programs. 

Each public education agency will develop and implement an affirma- 
tive action employment program for all operating units and at all levels 
of responsibility within its jurisdiction. 



Subchapter 5. Public Records 



§50. 



Access to Public Records of the State Department of 
Education. 

(a) Inspecdon of the original copy of any public record of the State De- 
partment of Educafion (as defined by Government Code Sections 
6252(d) and 6254) will be permitted during regular office hours of the 
State Department of Educafion, 721 Capitol Mall, Sacramento, Califor- 
nia. 

(b) Requests to inspect such records should be filed with the Chief 
Deputy Superintendent of Public Instruction at least five working days 
prior to the requested inspecfion date in order to in.sure availability. 

(c) Requests for inspection should be as specific as possible in identi- 
fying the records desired. 

(d) Original copies of public records shall not be removed from the of- 
fice of the custodian thereof. 

(e) If search by a state employee for the records requested, inspection 
of the public record will be subject to the payment of the fees required 
by Secfion 18473 of this fitle. 

Note: Authority cited; Section 33031(a). Education Code; and Section 6253(a), 
Government Code. Reference: Section 6253(a), Government Code. 

History 

1 . New Chapter 5 (§§ 50-5 1 ) filed 1-23-76; effective thirtieth day thereafter (Reg- 
ister 76, No. 4). 

2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 
77, No. 39). 



Page 1 



Register 2004, No. 24; 6 - 1 1 - 2004 



§51 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



3. Amendment of NOTE filed 12-14-83; effective thirtieth day thereafter (Regis- 
ter 83, No. 51). 

§ 51 . Obtaining Copies of Public Records. 

Copies of public records may be obtained from the custodian thereof 
through the procedure provided in Section 18471. 
NoTE: Authority cited: Section 33031(a), Education Code; and Section 6253(a). 
Government Code. Reference: Sections 6253(a), 6256 and 6257. Government 
Code. 

History 

1 . Amendment of NOTE filed 12-14-83; effective thirtieth day thereafter (Regis- 
ter 83, No. 51). 



Subchapter 6. Department of 
Education — Conflict of Interest Code 

§ 70. General Provisions. 

The Political Reform Act. Government Code Sections 81000. et seq.. 
requires state and local government agencies to adopt and promulgate 
Conflict of Interest Codes. The Fair Political Practices Commission has 
adopted a regulation, 2 Cal. Code of Regulations Section 18730. which 
contains the terms of a standard Conflict of Interest Code, which can be 
incorporated by reference, and which may be amended by the Fair Politi- 
cal Practices Commission to conform to amendments in the Political Re- 
form Act after public notice and hearings. Tlierefore, the terms of 2 Cal. 
Code of Regulations Section 18730 and any amendments to it duly 
adopted by the Fair Political Practices Commission, along with the at- 
tached Appendix in which officials and employees are designated and 
disclosure categories are set forth, are hereby incorporated by reference 
and constitute the Conflict of Interest Code of the Department of Educa- 
tion, except as provided below. 

Designated employees shall file statements of economic interests with 
the agency. 

EXCEPTION: As provided in 2 Cal. Code of Regulations Section 18730(b)(1). the 
definitions contained in the Political Reform Act of 1974 shall apply to the terms 
used in this Code except that neither the term "investment" nor the term "business 
entity" shall operate to exclude any private school in California, whether or not 
such school is operated for profit. 

NOTE: Authority cited: Sections 87300 and 87304, Government Code. Reference: 
Sections 87300, et seq.. Government Code. 

History 

1. New chapter 6 (sections 70-78) filed 12-17-76; designated effective 2-1-77. 
Approved by Fair Political Practices Commission 10-6-76 (Register 76, No. 
51). 

2. Repealer of chapter 6 (sections 70-78) and new chapter 6 (section 70 and Ap- 
pendix) filed 2-26-81 ; effective thirtieth day thereafter. Approved by Fair Po- 
litical Practices Commission 12-1-80 (Register 81, No. 9). 

3. Amendment filed 3-2-94; operative 4-1-94. Submitted to OAL for printing 
only. Approved by Fair Political Practices Commission 1-25-94 (Register 94, 
No. 9). 

4. Amendment of Appendix, list of designated employees, filed 1 1-8-99; opera- 
tive 12-8-99. Approved by Fair Political Practices Coiiunission 9-1-99 (Reg- 
ister 99, No. 46). 

Appendix 

Disclosure 
Designated Employees Categories 

Headquarters Offices 

All educational classifications at or above the level of 

Assistant Superintendent 1, II, 111 

All exempt positions, including those authorized for boards 

and commissions 1, 11, 111 

All Career Executive Assignment classes I, II, III 

All legal classifications I, II. Ill 

All professional education classifications I, II 

Ail field representative classifications in school facilities I. II. Ill 

Senior Architect I, II. Ill 

All positions in curriculum frameworks and textbook 

development at or above the level of Staff Services Analyst I, II 

All Child Nutrition classifications I, II 

All fiscal, management and staff services classifications at or 

above the level of Staff Services Manager I II 

All supervising data processing or information systems classes I, II 



Disclosure 
Desig)iated Employees Categories 

All per.sons in staff services classes where the duties include 

substantial review of local programs and funding or coiruiiodities 

decisions may be affected I, II 

All Business Services Office classifications at or above the 

level of Business Service Officer II 11 

All accounting classifications at or above the level of 

Accounting Administrator I II 

All audio-visual classifications at or above the level of 
Audio-Visual Specialist II 

Departmental Construction and Maintenance Supervisor II 

All contract consultants * 

State Special Schools 

Site Superintendent or Director of a Special School or Center 1, II 

All education positions designated Supervisory, Managerial, 

or Excluded II 

All physician positions II 

All Business Manager positions II 

All director of dietetics positions II 

All supervising cook positions II 

All chief of plant operation positions II 

Disclosure Categories: 

Category 1. 

Persons in this category shall report investments, business positions 
and income to the extent that they know or have reason to know that the 
business entity in which the investment or business position is held or the 
source of income is a publisher, manufacturer, or vendor of instructional 
materials, educational materials, supplies, machines, equipment, food 
commodities or consulting services offered to educational institutions in 
the State of California. They shall also report any investments, business 
positions and income in or from any private school in the State of Califor- 
nia. 

Category II. 

Persons in this category shall report investments, business positions, 
and income to the extent that they know or have reason to know that the 
business entity in which the investment or business position is held or the 
source of income is engaged in the performance of educational, research 
or professional consulting services, or publishes, manufactures, or sells 
supplies, books, machines, equipment, food commodities, or other items 
purchased by the Department. 

Category III. 

Persons in this category shall report interests in real property in Cali- 
fornia. 

* Contract consultants shall be included in the list of designated employees and 
shall disclose pursuant to the broadest disclosure category in the code subject to 
the following limitations: 

The Executive Deputy Superintendent may determine in writing that a particu- 
lar consultant, although a "designated position," is hired to perform a range of du- 
ties that is limited in scope and thus is not required to fully comply with he disclo- 
sure requirements in this section. Such written determination shall include a 
description of the consultant's duties, and based upon that description, a statement 
of the extent of disclosure requirements. The Executive Deputy Superintendent's 
determination is a public record and shall be retained for public inspection in the 
same manner and location as this conflict of interest code. 



• 



Subchapter 7. Plans to Alleviate Racial and 
Ethnic Segregation of Minority Students 

§ 90. Policy. 

NOTE: Authority cited: Section 33031, Education Code. 

History 

1. New chapter 7 (sections 90 through 101) filed 9-16-77; effective thirtieth day 
thereafter except for section 97 (Register 77, No. 38). For effective date of sec- 
tion 97, see history note of section 97. 

2. Repealer of section filed 6-28-91 as an emergency; operative 6-28-91 (Regis- 
ter 91, No. 46). A Certificate of Compliance must be transmitted to OAL 
10-28-91 or emergency language will be repealed by operafion of law on the 
following day. 

3. Certificate of Compliance as to 6-28-91 order transmitted to OAL 10-16-91 
and filed 1 1-7-91 (Register 92, No. 8). 



• 



Page 2 



Register 2004, No. 24; 6-11-2004 



Title 5 



California Department of Education 



§201 



• 



§ 91 . Findings and Intentions. 

History 

1 . Repealer of section filed 6-28-91 as an emergency; operative 6-28-9 1 (Regis- 
ter 91, No. 46). A Certificate of Compliance must be transmitted to OAL 
10-28-91 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 6-28-91 order transmitted to OAL 10-16-91 
and filed 1 1-7-91 (Register 92, No. 8). 

§ 92. Definitions. 

History 

1 . Repealer of section filed 6-28-9 1 as an emergency: operative 6-28-91 (Regis- 
ter 91, No. 46). A Certificate of Compliance must be transmitted to OAL 
10-28-91 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 6-28-91 order transmitted to OAL 10-16-91 
and filed 1 1-7-9 1 (Register 92, No. 8). 

§ 93. Identification of Segregated Schools. 

History 

1. Amendment of subsecfion (a) filed 7-18-78; effective thirtieth day thereafter 
(Register78, No. 29). 

2. Repealer of section filed (S-28-91 as an emergency; operative 6-28-91 (Regis- 
ter 91, No. 46). A Certificate of Compliance must be transmitted to OAL 
10-28-91 or emergency language will be repealed by operation of law on the 
following day. 

3. Certificate of Compliance as to 6-28-91 order transmitted to OAL 10-16-91 
and filed 1 1-7-91 (Register 92, No. 8). 

§ 94. Preparation of District Plans. 

History 

1. Repealerofsecnon filed 6-28-91 as an emergency; operative 6-28-91 (Regis- 
ter 91, No. 46). A Certificate of Compliance must be transmitted to OAL 
10-28-91 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 6-28-91 order transmitted to OAL 10-16-91 
and filed 1 1-7-91 (Register 92, No. 8). 

§ 95. Contents of District Plan. 

History 

1 . Repealer of section tiled 6-28-91 as an emergency; operative 6-28-91 (Regis- 
ter 91, No. 46). A Certificate of Compliance must be transmitted to OAL 
10-28-91 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 6-28-91 order transmitted to OAL 10-16-91 
and filed 11-7-91 (Register 92, No. 8). 

§ 96. Community Involvement. 

History 

1 . Repealer of section filed 6-28-91 as an emergency; operafive 6-28-91 (Regis- 
ter 91, No. 46). A Certificate of Compliance must be transmitted to OAL 
10-28-91 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 6-28-91 order transmitted to OAL 10-16-91 
and filed 1 1-7-91 (Register 92, No. 8). 

§ 97. Racial and Ethnic Survey. 

History 

1. New secfion filed 9-16-77 as an emergency; effective upon filing. Certificate 
of Compliance included (Register 77, No. 38). 

2. Repealerofsecnon filed 6-28-91 as an emergency; operafive 6-28-91 (Regis- 
ter 91, No. 46). A Certificate of Compliance must be transmitted to OAL 
10-28-91 or emergency language will be repealed by operafion of law on the 
following day. 

3. Certificate of Compliance as to 6-28-91 order transmitted to OAL 10-16-91 
and filed 1 1-7-91 (Register 92, No. 8). 

§ 98. Publication by Governing Board. 

History 

1. Repealer of secfion filed 6-28-91 as an emergency; operative 6-28-91 (Regis- 
ter 91, No. 46). A Certificate of Compliance must be transmitted to OAL 
10-28-91 or emergency language will be repealed by operafion of law on the 
following day. 

2. Certificate of Compliance as to 6-28-91 order transmitted to OAL 10-16-91 
and filed 1 1-7-91 (Register 92, No. 8). 



§ 99. Certification by Governing Board. 

History 

1. Amendment filed 7-18-78; effective thirtieth day thereafter (Register 78. No. 
29). 

2. Repealer of section filed 6-28-91 as an emergency; operative 6-28-91 (Regis- 
ter 91, No. 46). A Certificate of Compliance must be transmitted to OAL 
10-28-91 or emergency language will be repealed by operation of law on the 
following day. 

3. Certificate of Compliance as to 6-28-91 order transmitted to OAL 10-16-91 
and filed 1 1-7-91 (Register 92. No. 8). 

§ 1 00. Responsibility of the Department. 

History 

1. Amendment of subsection (b) filed 7-18-78; effective thirtieth day thereafter 
(Register 78, No. 29). 

2. Repealer of section filed 6-28-91 as an emergency; operative 6-28-91 (Regis- 
ter 91, No. 46). A Certificate of Compliance mu.st be transmitted to OAL 
10-28-91 or emergency language will be repealed by operation of law on the 
following day. 

3. Certificate of Compliance as to 6-28-91 order transmitted to OAL 10-16-91 
and filed 1 1-7-91 (Register 92. No. 8). 

§ 1 01 . Responsibility of County Superintendent of 
Schools. 

History 

1. Repealer of secfion filed 6-28-91 as an emergency; operative 6-28-9 1 (Regis- 
ter 91, No. 46). A Certificate of Compliance must be transmitted to OAL 
10-28-91 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 6-28-91 order transmitted to OAL 10-16-91 
and filed 11-7-91 (Register 92, No. 8). 



Chapter 2. Pupils 



Subchapter 1 . General Provisions 



Article 1 . 



Admission and Exclusion of 
Pupils 



§ 200. Admittance to First Grade from Kindergarten. 

A child who has been lawfully admitted to a public school kindergar- 
ten in California may be placed in the first grade at the discretion of the 
administration of a school district if it determines that the child is ready 
for first grade work. 

(a) The governing board shall adopt regulations setting forth the proce- 
dures to be followed. 

(b) The procedures adopted shall insure that a kindergarten pupil 
placed in the first grade meets the following minimum criteria: 

(1 ) The child is at least five years of age. 

(2) The child has attended a public school kindergarten for a long 
enough time to enable school personnel to evaluate his ability. 

(3) The child is in the upper five percent of his age group in terms of 
general mental ability. 

(4) The physical development and social maturity of the child are con- 
sistent with his advanced mental ability. 

(5) The parent or guardian of the child has filed with the school district 
a written statement approving placement in the first grade. 

NOTE: Authority cited for Article 1: Section 33031 and 33037, Education Code. 

History 

1. New Chapter 1 (§§ 200-202, 300-307, 350-3.'>3) filed 9-23-69; effective thir- 
tieth day thereafter (Register 69, No. 39). 

2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 
77, No. 39). 

§ 201 . Admission to High School. 

The school district maintaining a high school shall admit pupils in ac- 
cordance with the grade organization of the schools maintained and the 
maturity and achievement of the pupils as follows: 

(a) A pupil shall be admitted to the high school shown if he has com- 
pleted at least the grade indicated. 



Page 3 



Itegister 2004, No. 24; 6- 1 1-2004 



§202 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Adiiiitliiii^ 

Grade Completed Hi}>h School 

Grade 6 Junior high school 

Grade 8 Four year high school 

Grade 9 Senior high school (having grades 10, 11, and 12) 

Grade 10 Senior high school (having grades 1 1 and 12) 

(b) A pupil may be admitted to a high school who in the judgment of 
personnel of the district described in Education Code Section 48020 or 
48030, as appropriate, is capable of profiting from the instruction of- 
fered, regardless of the grade he has completed. 

History 
1. Amendment of subsection (b) filed 9-23-77; effective thirtieth day thereafter 

(Register77. No. 39). 

§ 202. Exclusion of Pupils with a Contagious Disease. 

A pupil while infected with any contagious or infectious disease may 
not remain in any public school. 

Article 2. Duties of Pupils 



§ 300. Duties Generally. 

Every pupil shall attend school punctually and regularly; conform to 
the regulations of the school; obey promptly all the directions of his 
teacher and others in authority; observe good order and propriety of de- 
portment; be diligent in study; respectful to his teacher and others in au- 
thority; kind and courteous to schoolmates; and refrain entirely from the 
use of profane and vulgar language. 

§ 301 . Duty to Refrain from Certain Conduct. 

History 
1 . Repealer filed 6-23-76; effective thirtieth day thereafter (Register 76, No. 26). 

§ 302. Pupils to Be Neat and Clean on Entering School. 

A pupil who goes to school without proper attention having been given 
to personal cleanliness or neatness of dress, may be sent home to be prop- 
erly prepared for school, or shall be required to prepare himself for the 
schoolroom before entering. 

§ 303. Duty to Remain at School. 

A pupil may not leave the school premises at recess, or at any other 
time before the regular hour for closing school, except in case of emer- 
gency, or with the approval of the principal of the school. 

§ 304. Leaving Room at Recess. 

Every pupil shall leave the schoolroom at recess unless it would occa- 
sion an exposure of health. 

§ 305. Pupil Responsible for Care of Property. 

A pupil who defaces, damages, or destroys any school property or 
willfully or negligently injures another pupil or school employee is liable 
to suspension or expulsion, according to the nature of the offense. 

§ 306. Explanation of Absence. 

A principal or teacher may require satisfactory explanation from the 
parent or guardian of a pupil, either in person or by written note, whenev- 
er the pupil is absent a part or all of a school day. The explanation shall 
not be required until the day following. 

§ 307. Participation in School Activities Until Departure of 
Bus. 

A pupil for whom the district provides transportation facilities may be 
required to remain at school to participate in activities approved by the 
superintendent of schools or by the governing board until the departure 
of the pupil in the vehicle to which he has been assigned. 



Article 3. Privileges of Pupils 

§ 350. Fees Not Permitted. 

A pupil enrolled in a school shall not be required to pay any fee, depos- 
it, or other charge not specifically authorized by law. 

§ 351. Work or Services Required of Pupils. 

A pupil shall not be required to perform any work or services that may 
be detrimental to his health. 

§ 352. Detention During Recess or Noon Intermission. 

A pupil shall not be required to remain in school during the intermis- 
sion at noon, or during any recess. 

§ 353. Detention After School. 

A pupil shall not be detained in school for disciplinary or other reasons 

for more than one hour after the close of the maximum school day, except 

as otherwise provided in Section 307. 

Note. Specific authority cited for Section 330: Section 5 of Article IX, California 
Constitution. 

Subchapter 2. Records of Pupils 



Article 1. 



Attendance Records and 
Accounting 



§ 400. Attendance Records. 

Records of attendance of every pupil in the public schools shall be kept 
for the following purposes; 

(a) For apportionment of State funds. 

(b) To insure general compliance with the compulsory education law, 
and performance by a pupil of his duty to attend school regularly as pro- 
vided in Section 300. 

NOTE; Authority cited: Section 46000, Education Code. 

History 

1. New Article 1 (§§400-408) filed 2-24-70; designated effective 7-1-70 (Regis- 
ter 70, No. 9). 

2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 
77, No. 39). 

§ 401 . Forms and Procedures for Recording Attendance. 

(a) Elementary school attendance shall be kept in a state school regis- 
ter, as required by Section 44809, except when a central file is maintained 
as authorized by Education Code Section 44809. 

(b) High school attendance (including junior high school) shall be kept 
on forms approved by the State Department of Education. 

(c) In all high schools, except those listed in (d) of this section, each 
teacher shall be required to submit to the principal, at least once each 
school day, a report of attendance for each period of the day in which he 
conducts classes, listing the names of all pupils absent in any period. 

(d) In all classes for adults, continuation schools, and classes, and re- 
gional occupational centers and programs, attendance shall be reported 
to the supervising administrator at least once each school month. 

NOTE: Authority cited: Sections 44809, 46000, EducaUon Code. Reference: Sec- 
tion 44809, Education Code. 

History 

1 . Amendment of subsection (a) filed 9-23-77; effective thirtieth day thereafter 
(Register 77, No. 39). 

2. Amendment filed 1 1-7-79: effective thirtieth day thereafter (Register 79, No. 

45). 

§ 402. Attendance That May Be Counted. 

For apportionment purposes, attendance of a pupil upon schools or 
classes maintained by a school district or a county superintendent may 
be counted when the pupil is present during the time lawfully prescribed 
for the school or class in which he is enrolled and when such attendance 
meets the requirements prescribed by Education Code Section 46300. In 



• 



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addition, if the pupil is enrolled in summer school his attendance may be 
counted only ii'lhe summer school meets the requirements of Education 
Code Section 12400. 

History 

1 . Amendment tiled 9-23-77; effective thirtieth day thereafter (Register 77, No. 
.39). 

§ 403. Pupils Enrolled for the Minimum School Day. 

Subject to the provisions of Sections 402. 404, and 405. for apportion- 
ment purposes a pupil enrolled in a regular day class or a special day class 
for the minimum school day applicable to him (except pupils whose at- 
tendance is recorded by clock hour) is deemed present for the entire 
school day, unless he is absent for the entire school day prescribed by the 
local governing board under Education Code Section 46100. 

History 

1 Amendment tiled 9-2.3-77; effective thirtieth day thereafter (Register 77, No. 
39). 

§ 404. Pupils Whose Attendance Is Reported by Clock 
Hour. 

Subject to the provisions of Sections 402 and 405, a pupil eniolled in 
a class described in Section 406 is deemed present, and he shall not be 
counted or recorded as absent for apportionment purposes, unless he is 
absent the entire clock hour. 

§ 405. Actual Attendance Counted. 

For apportionment purposes, in a situation described in (a), (b), or (c) 
of this section, only a pupil's actual attendance upon regular day school 
or class shall be counted. Such attendance shall be recorded in clock 
hours. 

(a) Admission Charge. 

For some period of time during his regularly programmed school day 
he attends or engages in a school sponsored function or activity for which 
he pays a fee, an admission, or participation charge, except for fees au- 
thorized for adult education (Education Code Sections 52612 and 
52613). 

(b) Work Experience Class. He is enrolled in a work experience class. 
In this case, his attendance is the sum of the hours of his actual attendance 
upon the regular school plus the hours of attendance in the work experi- 
ence class which meet the requirements of Section 46300 of the Educa- 
tion Code. 

(c) Excused from Regular Schools or Class. 

Whenever a pupil is excused from a school or class to attend or partici- 
pate in a function or activity which does not meet the requirements of 
Section 46300 of the Education Code. 

History 

1 . Amendment tiled 9-23-77; effective ttiirtietti day thereafter (Register 77, No. 
39). 

§ 406. Attendance Reported by Clock Hour. 

Attendance shall be reported in clock hours for the following: 

(a) Pupils enrolled for less than the minimum school day. 

(b) Pupils in classes for adults wherever held pursuant to the Education 
Code. 

(c) Pupils enrolled in work experience programs. 

(d) Pupils in continuation education schools or classes. 

(e) Pupils in regional occupational centers or regional occupational 
programs. 

(f) Pupils in summer schools. 

(g) Physically handicapped pupils. 

( 1 ) Adults and minors receiving individual instruction in home or hos- 
pital. 

(2) Pupils sixteen years of age or over who are enrolled in an occupa- 
tional training program, i.e., sheltered workshop, pursuant to Education 
Code Section 46500. 

(h) Educationally handicapped minors receiving individual instruc- 
tion in home or hospital or children's institution pursuant to Education 
Code Section 46511. 



History 

1. Amendment of subsection (g)( I) filed 3-19-71 ; effective thirtieth day thereaf- 
ter (Register 71, No. 12). 

2. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77. No. 
39). 

§ 407. Attendance Recorded in Minutes. 

History 

1. Amendment filed 3-19-71; effective thirtieth day thereafter (Register 71. No. 
12). 

2. Chanee without regulatory effect repealing section tiled 9-19-91 pursuant to 
sectio^n 100, title 1 ."California Code of Regulations (Register 92, No. 6). 

§ 408. Computation of Attendance for Classes Recorded in 
Minutes. 

History 

1 . Amendment filed 3-19-71 ; effective thirtieth day thereafter (Register 71 . No. 
12). 

2. Change without regulatory effect repealing section tiled 9-19-91 pursuant to 
section 100, title 1, CaHfornia Code of Regulations (Register 92, No. 6). 

§ 409. Deduction of Attendance of Pupils in Remedial 
Classes Maintained by a County 
Superintendent. 

History 

1 . New section filed 6-25-70; effective thirtieth day thereafter (Register 70. No, 
26). 

2. Amendment of subsection (a) filed 9-2.3-77; effective thirtieth day thereaher 
(Register 77, No. 39). 

3. Change without regulatory effect repealing section filed 9-19-91 pursuant to 
section 100, title 1, California Code of Regulations (Register 92, No. 6). 



Article 1 .1 . Record of Verification of 
Absence Due to Illness and Other Causes 

§ 420. Absences Allowable as Attendance. 

Absence due to any one or more of the following causes, when verified 
in accordance with this article, is allowable as attendance in a regular 
full-time day school as defined in Section 2(i) maintained by a district 
and in a school or class maintained by a county superintendent of schools: 

(a) Illness. 

(b) Quarantine directed by a county or city health officer. 

(c) Having medical, dental, or optometrical services rendered. 

(d) Attending funeral services of a member of the pupil's immediate 
family to the extent of not more than one day if the service is conducted 
in California and not more than three days if the service is conducted out- 
side of California. Members of an immediate family are, for purpo.ses of 
this subsection, those relationships set out in Education Code Section 
45194 except that references therein to "employee" shall be deemed to 
be references to "pupil." 

NOTE; Authority cited for Article 1.1; Section 46000, Education Code. 

History 

1. New Article 1.1 (§^ 420 through 424) filed 2-24-70; designated effective 
7-1-70 (Register 70, No. 9). 

2. Amendment filed 9-20-74; effective thirtieth day thereafter (Register 74, No. 
38). 

3. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereaf- 
ter (Register 77, No. 39). 

§ 421. Method of Verification. 

(a) Any of the following persons may verify an absence due to illness 
or quarantine: 

(1) A school or public health nurse. 

(2) An attendance supervisor. 

(3) A physician. 

(4) A principal. 

(5) A teacher. 

(6) Any other qualified employee of a district or of a county superin- 
tendent of schools assigned to m;ike such verification. 

(b) The verification shall be made in accordance with any reasonable 
method which establishes the fact that the pupil was actually ill or under 
quarantine if the method has been approved: 



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(1 ) In the case of a school district, by resolution of the governing board 
entered in its minutes. 

(2) In the case of a school or class maintained by a county superinten- 
dent of schools, by resolution of the county board of education entered 
in its minutes. 

§ 422. Recording of Absence Due to Illness or Quarantine. 

(a) Absence due to illness or quarantine shall, in the first instance, be 
recorded on attendance accounting forms and in state school registers in 
the same manner as any other absence is recorded. 

(b) After a person authorized to make verification has determined that 
an absence is due to illness or quarantine, such fact shall be recorded as 
follows: 

(1) If attendance records are kept manually and on the negative basis, 
the absence entry shall be circled with blue or black ink. If attendance re- 
cords are kept manually and on the positive basis, an attendance entry 
shall be made and circled with blue or black ink. Circled entries may be 
recorded as attendance in the total attendance column. 

(2) If attendance records are made by machine, an appropriate symbol 
shall be used to identify verified absences due to illness or quarantine on 
monthly attendance summary forms. Absences so identified may be re- 
corded as attendance in the total attendance column. 

§ 423. Prolonged Illness. 

A pupil who contacts an illness of a prolonged nature or who has been 
a victim of an accident which will prevent attendance for a prolonged pe- 
riod shall be counted as absent due to illness only until such time as he 
is able and starts to receive instruction in home, hospital, or sanitorium, 
or is given instruction by other means. No absence due to illness shall be 
credited as attendance beyond the current school year. 

§ 424. Prior Registration and Attendance Required. 

Absence due to illness or quarantine shall not be credited for a pupil 
prior to his having been registered and in attendance upon a school or 
class. 

Article 2. Emergency Average Daily 
Attendance* 

§ 428. Material Decrease. 

A decrease in the average daily attendance is material for the purposes 
of Education Code Section 46392 when at least ten percent of the stu- 
dents who would normally attend a school do not attend on any one day. 
Any decrease in attendance at a necessary small school, as defined in 
Education Code Section 42283 is material for the same purpose. The av- 
erage daily attendance of the school during either the month of May or 
the month of October of the same school year, at the District's option, 
shall be used to determine the normal attendance of a school for purposes 
of this section. 

NOTE; Authority cited: Sections 33112 (a) and 46392, Education Code. Refer- 
ence: Section 46392, Education Code. 

History 

1 . New Article 2 (Section 428) filed 2-24-70 as an emergency; designated effec- 
tive 7-1-70 (Register 70, No. 9). 

2. Certificate of Compliance filed 4-15-70 (Register 70, No. 16). 

3. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereaf- 
ter (Register 77. No. 39). 

4. New subsections (d) and (e) filed 12-6-77; effective thirtieth day thereafter 
(Register 77, No. 50). 

5. Amendment filed 11-16-89; operafive 12-16-89 (Register 89, No. 46). 



History 

1 . New section filed 12-6-77; effective thirtieth day thereafter (Register 77, No. 
50). 

2. Repealer filed 1 1-16-89; operative 12-16-89 (Register 89, No. 46). 



*See Sections 151 00-15106 for decrease in A.D.A. due to excessive rafio of pupils 
to classroom teachers. 

§ 429. Inability to Maintain Schools for the Prescribed 
Minimum Fiscal Year. 

Note: Authority cited: Secfions 33112(a) and 41422, Education Code. Refer- 
ence: Sections 41422 and 46392, Education Code. 



Article 3. Individual Pupil Records 

§ 430. Definition. 

(a) "F^upil" means a person who is or was enrolled in a school. 

(b) "Adult Pupil" means a person who is or was enrolled in school and 
who is at least 18 years of age. 

(c) "Eligible Pupil" means a person 1 6 years or older or who has com- 
pleted Grade 10. 

(d) "Pupil Record" means information relative to an individual pupil 
gathered within or without the school system and maintained within the 
school system, regardless of the physical form in which it is maintained. 
Essential in this definition is the idea that any information which is main- 
tained for the purpose of second party review is considered a pupil re- 
cord. 

( 1 ) "Mandatory Permanent Pupil Records" are those records which are 
maintained in perpetuity and which schools have been directed to com- 
pile by California statute, regulation, or authorized administrative direc- 
tive. 

(2) "Mandatory Interim Pupil Records" are those records which the 
schools are directed to compile and maintain for stipulated periods of 
time and are then destroyed as per California statute, regulation, or autho- 
rized administrative directive. 

(3) "Permitted Pupil Records" are those records having clear impor- 
tance only to the current educational process of the student. 

(e) "District" means a local school district or county or state operated 
special school or private or out-of-state school for which California tax 
revenues pay all or part of the tuition. 

NOTE: Authority cited for Article 3: Section 33031 and 49062, Education Code 
and 20 U.S.C. § 1232(g). Reference: Section 49062, Education Code. 

History 

1 . Repealer of Article 3 (Sections 430-432) and new Article 3 (Sections 430-438) 
filed 9-27-76; effective thirtieth day thereafter (Register 76, No. 40). 

2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 
77, No. 39). 

§ 431. Responsibilities of Local Governing Boards. 

(a) Local governing boards shall designate a certificated employee as 
custodian of records. Such employee shall be charged with districtwide 
responsibility for implementing board policies relating to pupil records. 

(b) The principal of each school or a certificated designee shall be re- 
sponsible for the implementation of board and district policies relating 
to the pupil records maintained in that school. 

(c) Each district shall establish written policies and procedures for pu- 
pil records which implement Education Code Section 49060, and Title 
5 regulations relating to pupil records. Such procedures and policies 
shalh 

( 1 ) Guarantee access to authorized persons within 5 days following the 
date of request; 

(2) Assure security of the records; and 

(3) Enumerate and describe the pupil records collected and maintained 
by the district. 

(d) All anecdotal information and assessment reports maintained as a 
pupil record shall be dated and signed by the individual who originated 
the data. 

(e) The district shall notify parents in writing at least annually of their 
rights in regard to pupil records as per Education Code Section 49063. 

(f) When a parent' s domit\ai\t language is not English, the district shall 
make an effort to: 

( 1 ) Provide interpretation of the pupil record in the dominant language 
of the parent, or 

(2) Assist the parent(s) in securing an interpreter. 

(g) Neither the pupil record, nor any part thereof, shall be withheld 
from the parent or eligible pupil requesting access. 



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History 
1. Amendmenl tiled 9-23-71: effective thirtieth day thereafter (Register 77, No. 

39). 



§ 432. Varieties of Pupil Records. 

(a) The principal of each school shall keep on file a record of enrol- 
lment and scholarship for each pupil currently enrolled in said school. 

(b) Local school districts shall not compile any other pupil records ex- 
cept mandatory or permitted records as herein defined: 

( 1 ) "'Mandatory Permanent Pupil Records" are those records which the 
schools have been directed to compile by California statute authorization 
or authorized administrative directive. Each school district shall main- 
tain indefinitely all mandatory permanent pupil records or an exact copy 
thereof for every pupil who was enrolled in a school program within said 
district. The mandatory permanent pupil record or a copy thereof shall 
be forwarded by the sending district upon request of the public or private 
school in which the student has enrolled or intends to enroll. Such records 
shall include the following: 

(A) Legal name of pupil. 

(B) Date of birth. 

(C) Method of verification of birth date. 

(D) Sex of pupil. 

(E) Place of birth. 

(F) Name and address of parent of minor pupil. 

1. Address of minor pupil if different than the above. 

2. An annual verification of the name and address of the parent and the 
residence of the pupil. 

(G) Entering and leaving date of each school year and for any summer 
session or other extra session. 

(H) Subjects taken during each year, half-year, summer session, or 
quarter. 

(1) If marks or credit are given, the mark or number of credits toward 
graduation allows for work taken. 

(J) Verification of or exemption from required immunizations. 
(K) Date of high school graduation or equivalent. 

(2) "Mandatory Interim Pupil Records" are those records which 
schools are required to compile and maintain for stipulated periods of 
time and are then destroyed as per California statute or regulation. Such 
records include: 

(A) A log or record identifying those persons (except authorized 
school personnel) or organizations requesting or receiving information 
from the record. The log or record shall be accessible only to the legal 
parent or guardian or the eligible pupil, or a dependent adult pupil, or an 
adult pupil, or the custodian of records. 

(B) Health information, including Child Health Developmental Dis- 
abilities Prevention Program verification or waiver. 

(C) Participation in special education programs including required 
tests, case studies, authorizations, and actions necessary to establish eli- 
gibility for admission or discharge. 

(D) Language training records. 

(E) Progress slips and/or notices as required by Education Code Sec- 
tions 49066 and 49067. 

(F) Parental restrictions regarding access to directory information or 
related stipulations. 

(G) Parent or adult pupil rejoinders to challenged records and to disci- 
plinary action. 

(H) Parental authorizations or prohibitions of pupil participation in 
specific programs. 

(I) Results of standardized tests administered within the preceding 
three years. 

(3) "Permitted Records" are those pupil records which districts may 
maintain for appropriate educational purposes. Such records may in- 
clude: 

(A) Objective counselor and/or teacher ratings. 

(B) Standardized test results older than three years. 

(C) Routine discipline data. 



(D) Verified reports of relevant behavioral patterns. 

(E) All disciplinary notices. 

(F) Attendance records not covered in the Administrative Code Sec- 
tion 400. 

History 
1 . Amendment of subsection {2)(E) filed 9-2.V77; effective thirtieth day thereaf- 
ter (Register 77, No. 39). 

§ 433. Maintenance and Security of Pupil Records. 

(a) The custodian of records shall be responsible for the security of pu- 
pil records maintained by the district and shall devise procedures for as- 
suring that access to such records is limited to authorized persons. 

(b) Records for each individual pupil shall be maintained in a central 
file at the school attended by the pupil, or when records are maintained 
in different locations a notation in the central file as to where such other 
records may be found is required. 

§ 434. Access to Pupil Records. 

Access to pupil records should be in accordance with Education Code 
Sections 49069 and 49073 through 49077. 

History 
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77. No. 

39). 

§ 435. Procedure for Access to Pupil Records. 

(a) Authorized organizations, agencies, and persons from outside the 
school whose access requires the consent of the parent or the adult pupil 
must submit their request to view the records, together with any required 
authorization, to the chief school administrator or the custodian of re- 
cords. 

(b) The chief school administrator or the custodian of records or a cer- 
tificated designee shall be responsible during the inspection for interpre- 
tation of the records where necessary and for prevention of their alter- 
ation, damage, or loss. In every instance of inspection of pupil records by 
persons who do not have assigned educational responsibility, an entry 
shall be made in the access log of said record, indicating the name of the 
person(s) granted access, the reason access was granted, the time and cir- 
cumstances of inspection, and the records inspected. 

(c) Unless otherwise judicially instructed, the school district shall, 
prior to the disclosure of any pupil records to organizations, agencies, or 
persons outside the school pursuant to a court order, give the parent or 
adult pupil at least three days' notice, if lawfully possible within the re- 
quirements of the judicial order, of the name of the requesting agency and 
the specific records requested. Such notification shall be provided in 
writing, if practicable. Only those records related to the specific purpose 
of the court order shall be disclosed. 

§ 436. Rights of Parents and Adult Pupils. 

A parent or an adult pupil may challenge the content of any pupil re- 
cord according to the procedures established by Education Code Sections 
49069 and 49070. A hearing panel may be convened to aid the superin- 
tendent or board in deciding whether a challenge should be sustained, as 
specified in Educafion Code Section 49071. 

Informafion shall be corrected or removed if it is: (I) inaccurate, (2) 
an unsubstanfiated personal conclusion or inference, (3) a conclusion or 
inference outside of the observer's area of competence, or (4) not based 
on the personal observation of a named person with the time and place 
of the observation noted. 

History 
1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 
39). 

§ 437. Retention and Destruction of Pupil Records. 

(a) No additions except roufine updating shall be made to the record 
after high school graduaUon or permanent departure without the prior 
consent of the parent or adult pupil. 

(b) Mandatory permanent pupil records shall be preserved in perpetu- 
ity by all California schools according to Chapter 2, Division 16. Part I, 
of this title. 



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(c) Unless forwarded to another district, mandatory interim pupil re- 
cords may be adjudged to be disposable when the student leaves the dis- 
trict or when their usefulness ceases. Destruction shall be in accordance 
with Section 16027 of this title during the third school year following 
such classification. 

(d) Permitted pupil records may be destroyed when their usefulness 
ceases. They may be destroyed after six months following the pupil's 
completion of or withdrawal from the educational program. 

The method of destaiction shall assure that records are not available 
to possible public inspection in the process of destruction. 

§ 438. Transfer of Records. 

(a) When a pupil transfers to another school district or to a private 
school, a copy of the pupil's Mandatory Permanent Pupil Record shall be 
transferred upon request from the other district or private school. The 
original or a copy must also be retained permanently by the sending dis- 
trict. If the transfer is to another California public school, the pupil's en- 
tire Mandatory Interim Pupil Record shall be forwarded. If the transfer 
is out of state or to a private school, the Mandatory Interim Pupil Record 
may be forwarded. Permitted pupil records may be forwarded. All pupil 
records shall be updated prior to such transfer. 

(b) If the pupil is a within-Califomia transfer, the receiving school 
shall notify parents of the record transfer. If the student transfers out of 
state, the sending district may notify the parents of the rights accorded 
them. The notification shall include a statement of the parent's right to 
review, challenge, and receive a copy of the pupil record, if desired. 

(c) Pupil records shall not be withheld from the requesting district be- 
cause of any charges or fees owed by the pupil or his parent. This provi- 
sion applies to pupils in grades K-12 in both public and private schools. 

Article 4. Records Identifying and 
Accounting for Project-Connected Pupils 

§ 450. Records Identifying Project-Connected Pupils. 

The following procedure shall be used, and the following records kept, 
in identifying project-connected pupils defined in Education Code Sec- 
tion 41931: 

(a) On October 31 or on the last day of school preceding October 31, 
each school district contemplating the filing of an application for an ap- 
portionment under the provisions of Article 1 4 of Chapter 5 of Part 24 of 
the Education Code shall identify each pupil who has enrolled in the reg- 
ular full-time day schools of the district subsequent to the commence- 
ment of any project defined in Education Code Section 41930, and whose 
parent or guardian has moved into the district subsequent to the com- 
mencement of such project. The record of identification shall include, but 
is not limited to, each of the following items of information which shall 
be verified by an employee of the school district: 

( 1 ) Name of pupil enrolled. 

(2) Grade in which enrolled. 

(3) Name of parent or guardian. 

(4) Address of parent or guardian. 

(5) Date parent or guardian moved into district. 

(6) Name of employer of parent or guardian. 

(7) Address of such employer and location of employment. 

(8) Date of beginning such employment. 

(9) Signature of school district employee verifying information. 

(10) Dates on which re-examinations required by subsection (c) of this 
section were made. 

(11) Date pupil enrolled in the regular full-time day schools. 

(b) The pupil identified in (a) above shall include only those pupils 
whose parents or guardians are employed by a contractor or subcontrac- 
tor in connection with the project or by the State of California whose 
work is in connection with the project. Upon verification of the informa- 
tion required in (a) above and the filing of a ceruficafion by the parent or 
guardian of each pupil that such parent or guardian moved into the area 



subsequent to the commencement of the project primarily for the purpose 
of securing employment or being employed in connection with the proj- 
ect, such pupil shall be determined to be in addition to the number of chil- 
dren who would otherwise normally be expected to be in the district pur- 
suant to the provisions of Educadon Code Secfion 41931. 

(c) Periodically throughout the school year, but not less than three 
times during such year, the district shall re-examine the employment sta- 
tus of the parent or guardian of each project-connected pupil. The date 
of any change of employment shall be indicated and the new employer 
noted on the idenUfication record of the pupil. 
NOTE; Authority cited: Section 41931, Education Code. 

History 

1. Renumbering from Article 6 (Section 450) to Article 4 (Section 450) filed 
9-27-76; effective thirtieth day thereafter (Register 76, No. 40). 

2. Amendment and new NOTE filed 9-23-77; effective thirtieth day thereafter 
(Register 77, No. 39). 

Subchapter 3. Health and Safety of Pupils 



Article 1. Fire Drills 

§ 550. Fire Drills. 

A fire drill shall be conducted in each elementary and intermediate 
school at least once each month and in each secondary school not less 
than twice every school year. The fire drill shall be conducted in accor- 
dance with either (a) or (b). 

(a) The governing board may arrange for a fire department to conduct 
fire drills for the school. 

(b) The principal of each school shall conduct the fire drills. In this 
case, all pupils, teachers, and other employees shall be required to leave 
the building. 

NOTE; Authority cited: Section 32001, Education Code. Reference: Section 
32001. Education Code. 

History 

1. New Chapter 3 (§§ 550, 560, 570-576. 590-593)filed 9-23-69; effective thir- 
tieth day thereafter (Register 69, No. 39). 

2. New NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 
39). 

3. Amendment filed 1 1-7-79; effective thirtieth day thereafter (Register 79, No. 
45). 



Article 2. Civil Defense Plans and Drills 

§ 560. Civil Defense and Disaster Preparedness Plans. 

The governing board shall adopt a written policy for use by schools of 
the district in formulating individual civil defense and disaster prepared- 
ness plans. 

NOTE; Authority cited: Section 33031, Education Code. Reference: None. 

History 

1. Amendment filed 6-28-73; effective thirtieth day thereafter (Register 73, No. 
26). 

2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 
77, No. 39). 

3. Amendment filed 1 1-7-79; effective thirtieth day thereafter (Register 79, No. 
45). 



Article 3. 



School Safety Patrols (Traffic 
Safety) 



§ 570. Establishment and Supervision. 

A school safety patrol established by a governing board pursuant to 
Education Code Secfion 49300, shall comply with this article, as well as 
Article 4 (commencing with Secfion 49300) of Chapter 1 of Part 19 of 
the Educafion Code. 
NOTE; Authority cited for Article 3: Sections 49300 and 49303, Education Code. 

History 
1 . Amendment of Section and NOTE filed 9-23-77; effective thirtieth day thereaf- 
ter (Register 77, No. 39). 



• 



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• 



§ 571 . Age or Grade of Members. 

A pupil enrolled in the school who is either less than 10 years old or 
enrolled in a grade below the tilth grade may not be a member of the pa- 
trol. 

History 

I . Amendment tiled 7-20-73; effective thirtieth day thereafter (Resister 73. No. 

29). 

§ 572. Where School Safety Patrols May Be Used. 

School safety patrols may be used only at those locations where the na- 
ture of traffic will permit theirsafe operation. The locations where school 
safety patrols are used should be determined by joint agreement between 
the local school district and the local police agency. 

§ 573. Hours on Duty. 

(a) Patrol members shall reach their posts at least 15 minutes before 
the opening of classes in the morning and in the afternoon, or at such ear- 
lier lime as the governing board shall authorize, and shall remain on duty 
until the last bell calls the pupils to class. 

(b) At dismissals, patrol members shall leave their classes in time to 
reach their posts before the dismissal bell. 

(c) At dismissals, each patrol member shall remain on duty until all 
students who are not stragglers have passed his post. 

§ 574. Operating Procedure at Crossings Where School 
Safety Patrols Are Stationed. 

(a) At Crossings Controlled by a Police Officer or a Crossing Guard. 
At crossings where traffic is controlled by a police officer or crossing 

guard, the .safety patrol will direct the crossing of the students in confor- 
mity with the signal of the police officer or crossing guard. 

(b) At Crossings With Automatic Signals. 

Patrol members shall hold the students off the roadway until the sig- 
nals allow them to cross safely. The patrol members should allow only 
the immediate group to cross. All latecomers should wait for the next 
cycle. 

(c) At Crossings With No Automatic or Pedestrian Signals. 

(1) The patrol members shall be so posted as to be clearly visible to 
approaching traffic. They shall stay out of the moving stream of traffic 
and where there are parked cars obstructing their view, they shall be 
posted no farther in the roadway than the outer edge of the parked cars. 

(2) Patrol members shall not permit students to enter the roadway until 
it appears it is safe for them to cross. 

(3 ) When it appears it is safe for them to cross, the patrol members shall 
direct the students to cross the roadway in a group. 

(4) When the students are safely across the roadway, the patrol mem- 
bers shall change the signs so that the normal traffic may proceed and so 
that the students may be held off the roadway. 

(d) At Crossings Where There Are No Automatic Signals and the 
Roadway Is Designed for More Than Two Lanes of Moving Traffic. 

There shall be at least two patrol members. One shall operate as de- 
scribed in section (c) above. The other patrol member shall operate in uni- 
formity similarly on the opposite side of the roadway and give attention 
to traftlc approaching on that side. He shall assist the group of students 
to reach that side of the roadway safely. 

(e) At Crossings Where There Are Pedestrian-operated Signals. 

( 1 ) Patrol members shall have the responsibility for the operation of 
the pedestrians' signals during the hours on duty specified in Section 573. 

(2) When there is a break in the traffic stream the patrol member shall 
activate the signal. 

(3) Patrol members shall hold the students off the roadway until the 
signals allow them to cross. The patrol members shall allow only the im- 
mediate group to cross. Latecomers should wait for the next cycle. 

(0 Pedestrian Tunnels or Overpasses. 

Patrol members shall be stationed on each side of the roadway so that 
the protection provided shall be used, 
(g) Loading on Streetcars. 



Patrol members shall hold the students off the roadway until the street- 
car or other conveyance which is to be loaded in the roadway has arrived 
at the loading station and has stopped. The patrol members will then al- 
low the students to cross the roadway to the public conveyance, provided 
their crossing is not in conllict with a traffic signal, or the direction of a 
police officer or crossing guard. 

§ 575. School Safety Patrol Crossing Sign. 

(a) The crossing sign shall be a rigid disk 18 inches in diameter and 
brilliant red in color. The word STOP in 6-inch white letters shall appear 
in the center of the disk. The word SCHOOL shall appear in 2-inch white 
letters directly above and parallel to the word STOP, and the word 
CROSSING shall appear in 2-inch white letters directly below and paral- 
lel to the word STOP. 

(b) The sign shall be fastened to a round pole approximately six feet 
in length, and at such an angle that when the sign is extended in an operat- 
ing position the lettering will be horizontal. 

(c) In lieu of the crossing sign referred to in subsections (a) and (b) of 
this section, any other type of crossing sign approved by the Department 
of Public Works may be used. 

§ 576. Uniforms and Insignia. 

(a) A school safety patrol member (except a member of the R.O.T.C. 
or California Cadet Corps on traffic duty in his official uniform) shall 
wear, at all times while on duty, the basic standard uniform specified in 
this section, except that the rainy day uniform may be worn under appro- 
priate weather conditions. Only the optional additions specified in this 
section may be added to the uniform. 

(b) The basic standard uniform for patrol members is the white or fluo- 
rescent orange Sam Browne belt and either an overseas type federal yel- 
low or fluorescent orange cap or a yellow or fluorescent orange helmet. 

Optional additions to the basic standard uniform are any or all of the 
following: 

(1) Colored piping on the federal yellow cap 

(2) Colored striping on the yellow helmet 

(3) A red or fluorescent orange upper garment 

(4) Insignia or a special badge identifying the organization, to be worn 
on the left breast, left arm, or cap. 

(c) The rainy-day uniform is a federal yellow raincoat and a federal 
yellow rain hat. The Sam Browne belt may be worn over the raincoat. 

(d) The insignia, or special badge and cap shall be worn only during 
official .school safety patrol duty, except that the governing board may 
authorize members of the school safety patrol to wear the uniform and 
insignia for special school safety patrol functions. 

Article 4. Vision Testing 

(Education Code Section 49452) 

§ 590. Duly Authorized Agency. 

Pursuant to Education Code Section 49452, a county superintendent 
of schools may contract with an agency duly authorized to provide vision 
tests, which includes a city or county health department, a local health 
district, or the Stale Department of Health Services. 
NoTE: Authority cited: Section 33031, Education Code. Reference: Section 
49452, Education Code. 

History 

1 . Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereaf- 
ter (Register 77. No. 39), 

2. Amendment of article heading, section heading, section and NotE: filed 
8-9-2004; operative 8-9-2004 pursuant to Government Code section 1 1 343.4 
(Register 2004, No. 33). 

§ 591 . Employees Authorized to Give Tests. 

(a) An employee of a school district or of a county superintendent of 
schools may be authorized to give vision tests pursuant to Education 
Code Section 49452 and may be designated a "duly qualified supervisor 
of health" within the meaning of that section if the employee is: 

(1) A physician and surgeon or osteopath employed pursuant to 
Education Code Section 44873. 



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(2) A school nurse employed pursuant to Education Code Section 
44877. 

(3) An optometrist employed pursuant to Education Code Section 
44878. 

(b) Any other certificated employee of the school district or of the 
county superintendent of schools may be authorized to give vision tests 
pursuant to Education Code Section 49452 if the employee has one of the 
following documents: 

( 1 ) A statement from a qualified supervisor of health that the employee 
has satisfactorily completed an acceptable course of in-service training 
in techniques and procedures in vision testing of at least six clock hours 
given by the qualified supervisor of health making the statement and that 
the employee is qualified to administer vision tests to pupils. 

(2) A transcript from an accredited college or university evidencing 
that the employee has successfully completed an acceptable course in vi- 
sion testing of at least one semester unit. 

NOTE: Authority cited: Section 3303 L Education Code. Reference: Sections 
44873. 44877, 44878 and 49452, Education Code. 

History 

1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 
39). 

2. Amendment of section and new Note filed 8-9-2004; operative 8-9-2004 pur- 
suant to Government Code section 11 343.4 (Register 2004, No. 33). 

§ 592. Acceptable Course in Vision Testing. 

An acceptable course in vision testing is one that provides the follow- 
ing: 

(a) Basic knowledge of the structure, normal development, and func- 
tion of the eye and common anomalies of vision and factors influencing 
visual performance. 

(b) Basic knowledge of signs and symptoms suggesting eye difficulty. 

(c) Techniques and procedures in administering optotype and color vi- 
sion tests. Such techniques and procedures shall include training in the 
following: 

(1) Establishing tests rapport with pupils. 

(2) Seating of pupil and placing of equipment. 

(3) Providing adequate lighting conditions for the testing situation. 

(4) Recording test results. 

(5) Referring pupils in need of follow-up. 

(d) Practice in administering optotype and color vision tests under the 
supervision of a duly qualified supervisor of health. 

NOTE: Authority cited: Section 33031. Education Code. Reference: Section 
49452, Education Code. 

History 
1 . Amendment of section heading, first paragraph and subsections (c) and (d) and 

new Note filed 8-9-2004; operative 8-9-2004 pursuant to Government Code 

section 1 1343.4 (Register 2004, No. 33). 



accurately the majority of letters or symbols on the 20-foot line of the test 
chart at a distance of 10 feet. 

(2) For children six years of age or older: Visual acuity of 20/40 or 
worse. This means the inability to identify the majority of letters or sym- 
bols on 1 5-foot line of the chart at a distance of 1 feet. 

(3) For all children: A difference of visual acuity between the two eyes 
of two lines or more on the optotype chart. 

(b) For pupils who, because of age or special needs are not able to be 
tested with an optotype test, other types of vision testing, such as a func- 
tional vision test, may be utilized, using procedures and criteria of failure 
as described by the manufacturer. 

(c) If a pupil fails a vision test that is conducted by an employee autho- 
rized to give vision tests pursuant to subdivision (b) of Section 591 . a re- 
evaluation shall be conducted prior to a report being made to the pupil's 
parent or guardian. This reevaluation shall be conducted by an einployee 
authorized to give vision tests pursuant to subdivision (a) of Section 591 . 

(d) If a pupil fails a vision test conducted by an employee authorized 
to give vision tests pursuant to subdivision (a) of Section 591, a report 
shall be made to the pupil's parent or guardian as required by Education 
Code Section 49456. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
3308.5, 49452. 49455 and 49456, Education Code. 

History 

1. New section filed 1-19-73; effective thirtieth day thereafter (Register 73, No. 
3). 

2. Amendment filed 5-21-75; effective thirtieth day thereafter (Register 75, No. 
21). 

3. Amendment of Section and repealer of NOTE filed 9-23-77; effective thirtieth 
day thereafter (Register 77, No. 39). 

4. Amendment of section heading and section and new Note filed 8-9-2004; op- 
erative 8-9-2004 pursuant to Government Code section 11343.4 (Register 
2004, No. 33). 

§ 595. Appraisal of Color Vision. 

The appraisal of color vision in male pupils pursuant to Education 
Code sections 49452 and 49455 shall mean a test employing pseudoi- 
sochromatic plates. Procedures and criteria of failure as described by the 
manufacturer shall be used. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
49452 and 49455, Education Code. 

History 

1. New section filed 1-19-73; effective thirtieth day thereafter (Register 73, No. 
3). 

2. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 
39). 

3. Amendment of section heading and section and new Note filed 8-9-2004; op- 
erative 8-9-2004 pursuant to Government Code section 11343.4 (Register 
2004, No. 33). 



• 



§ 593. Responsibility as to Eligibility. 

Each school district and county superintendent of schools shall deter- 
mine and be responsible for the eligibility of personnel employed or per- 
mitted by the district or county superintendent of schools to administer 
vision tests or to conduct inservice training programs in techniques and 
procedures in administering such tests. 

Note: Authority cited: Section 33031, Education Code. Reference: Section 
49452, Education Code. 

History 
1 . Amendment of section and new Note filed 8-9-2004; operative 8-9-2004 pur- 
suant to Government Code section 1 1343.4 (Register 2004, No. 33). 

§ 594. Test of Visual Acuity. 

(a) The test of visual acuity administered pursuant to Education Code 
sections 49452 and 49455 shall mean a test for visual acuity at the far 
point. This shall be conducted by means of an optotype test. Test failure 
for the visual acuity test shall be defined as follows: 

(1) For children under six years of age: Visual acuity of 20/50 or 
worse. The designation 20/50 or worse indicates the inability to identify 



§ 596. Gross External Observation of the Children's Eyes, 
Visual Performance and Perception. 

Gross external observation of the children's eyes, visual performance 
and perception, pursuant to Education Code sections 49452 and 49455, 
shall mean continuous observation by teachers of the appearance, behav- 
ior and complaints of pupils that might indicate vision problems. Also, 
periodic investigation where pupils' school performance begins to give 
evidence that existence of the problem might be caused by a visual diffi- 
culty. Such an evaluation shall be done in consultation with the school 
nurse. 

Note; Authority cited: Section 33031, Education Code. Reference: Sections 
49452 and 49455, Education Code. 

History 

1 . New section filed 1-19-73; effective thirtieth day thereafter (Register 73, No. 

3). 

2. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77. No. 
39). 

3. Amendment of section and new Note filed 8-9-2004; operative 8-9-2004 pur- 
suant to Government Code section 11 343.4 (Register 2004, No. 33). 



Page 10 



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Title 5 



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§601 



Article 4.1. Administering Medication to 

Pupils or Otherwise Assisting Pupils in the 

Administration of Medication During the 

Regular School Day 

§ 600. Authorization. 

Pursuant to Section 49423 and subdivision (b) of Section 49423.6 of 
the Education Code, any pupil who is required to take, during the regular 
school day, prescribed medication may be assisted by a sciiool nurse or 
other designated school personnel if both of the following conditions are 
met: 

(a) The pupil's authorized health care provider executes a written 
statement specifying, at a minimum, the medication the pupil is to take, 
the dosage, and the period of time during which the medication is to be 



taken, as well as otherwise detailing (as may be necessary) the method, 
amount, and lime schedule by which the medication is to be taken. 

(b) The pupil's parent or legal guardian provides a written statement 
initiating a request to have the medication administered to the pupil or to 
have the pupil otherwise assisted in the administration of the medication, 
in accordance with the authorized health care provider's written state- 
ment. 

NOTK: Authority cited: Sections 3303 1 and 49423.6. Educalion Code. RelcrencL': 
Sections 49423 and 49423.6. Education Code. 

History 
1. New article 4.1 (sections 600-61 1) and .section filed 1 1-20-2003; opcnilivc 

1 1-20-2003 pursuant to Government Code section 1 1.343.4 (Registci 2003. 

No. 47). 

§601. Definitions. 

As used in Section 49423 and subdivision (b) of Section 49423.6 of 
the Education Code and in this article: 



• 



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§604 



• 



(a) "ALilhorized health care provider" means an individual who is li- 
censed by the State oi' California to prescribe medication. 

(b) "Medication" may include not only a substance dispensed in the 
United States by prescription, but also a substance that does not require 
a prescription, such as over-the-counter remedies, nutritional supple- 
ments, and herbal remedies. 

(c) "Medication log" may consist of a form developed by the local 
education agency for the documentation of the administration of the me- 
dication to the pupil or otherwise assisting the pupil in the administration 
of the medication. The medication log may include the following: 

(1) Pupil's name; 

(2) Name of medication the pupil is required to take; 

(3) Dose of medication; 

(4) Method by which the pupil is required to take the medication; 

(5) Time the medication is to be taken during the regular school day; 

(6) Date(s) on which the pupil is required to take the medication; 

(7) Authorized health care provider's name and contact information; 
and 

(8) A space for daily recording of medication administration to the pu- 
pil or otherwise assisting the pupil in administration of the medication, 
such as date. time, amount, and signature of the individual administering 
the medication or otherwise assisting in administration of the medica- 
tion. 

(d) "Medication record" may include: 

(1) The authorized health care provider's written statement; 

(2) The written statement of the parent or legal guardian; 

(3) The medication log; and 

(4) Any other written documentation related to the administration of 
the medication to the pupil or otherwise assisting the pupil in the adminis- 
tration of the medication. 

(e) "Other designated school personnel" may include any individual 
employed by the local education agency who: 

(1 ) Has consented to administer the medication to the pupil or other- 
wise assist the pupil in the administration of medication; and 

(2) May legally administer the medication to the pupil or otherwise as- 
sist the pupil in the administration of the medication. 

(f) "Parent or legal guardian" means the individual recognized by the 
local education agency as having authority to make medical decisions for 
the pupil. 

(g) "Regular school day" may include not only the time the pupil re- 
ceives instruction, but also the time during which the pupil otherwise par- 
ticipates in activities under the auspices of the local education agency, 
such as field trips, extracurricular and cocurricular activities, before- or 
after-school programs, and camps or other activities that typically in- 
volve at least one overnight stay away from home. 

(h) "School nurse" means an individual employed by the local educa- 
tion agency who is a currently licensed registered nurse and is creden- 
tialed pursuant to Education Code section 44877. 

NOTE: Authority cited: Sections 33031 and 49423.6, Education Code. Reference: 
Sections 44877, 49423 and 49423.6, Education Code. 

History 
]. New section filed 1 1-20-2003; operative 11-20-2003 pursuant to Government 
Code section 11 343.4 (Register 2003, No. 47). 



§ 602. Written Statement of Authorized Health Care 
Provider. 

(a) A local education agency may establish specifications for the au- 
thorized health care provider's written statement in order to ensure that: 

(1) The pupil is clearly identified; 

(2) The medication is clearly identified; 

(3) The dosage is clearly specified; 

(4) The period of time during which the medication is to be taken is 
clearly specified; and 

(5) Other information is obtained that is relevant to administering the 
medication to the pupil or otherwise assisting the pupil in administration 
of the medication. 



(b) A pupil's parent or legal guardian may deliver the authorized 
health care provider's written statement to an authorized representative 
of the local education agency, such as the schoolsite administrator or his 
or her designee. 

(c) A local education agency may require that an amended or new writ- 
ten statement be provided annually and whenever there is a change in the 
pupil's authorized health care provider, or a change in the medication, 
dosage, method by which the medication is required to be taken, or 
date(s) or time(s) the medication is required to be taken. 

NOTll: Authority cited: Sections 3303 1 and 49423.6. Education Code. Kclcrcncc: 
Sections 49423 and 49423.6, Education Code. 

History 
1. New section tiled 1 1-20-2003; operative 1 1-20-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 47). 

§ 603. Written Statement of the Parent or Legal Guardian. 

(a) A local education agency may establish specifications for the writ- 
ten statement of the pupil's parent or legal guardian in order to ensure 
that: 

(1) The pupil is cleariy identified. 

(2) Permission is obtained for an authorized representative of the local 
education agency to communicate directly with the pupil's authorized 
health care provider, as may be necessary, regarding the authorized 
health care provider's written statement. 

(3) The parent or legal guardian understands what employees of the 
local education agency will do to administer the medication to the pupil 
or otherwise assist the pupil in the administration of the medication. 

(4) The parent or legal guardian understands his or her responsibilities 
to enable employees of the local education agency to administer the me- 
dication to the pupil or otherwise assist the pupil in administration of the 
medication, e.g., to ensure that a current authorized health care provid- 
er's written statement has been delivered to an authorized representative 
of the local education agency, or to ensure that the medication is deliv- 
ered to the schoolsite in a proper container by an individual legally autho- 
rized to be in possession of the medication. 

(5) The parent or legal guardian understands how he or she may termi- 
nate consent for administration of the medication to the pupil or other- 
wise assisting the pupil in the administration of the medication. 

(b) A local education agency may provide reasonable accommoda- 
tions to a parent or legal guardian who has insufficient English language 
proficiency to produce a written statement without assistance or who has 
a disability that makes it difficult to produce a written statement. 
NOTE: Authority cited: Sections 33031 and 49423.6, Education Code. Reference: 
Sections 49423 and 49423.6. Education Code. 

History 
1 . New section filed 1 1-20-2003; operative 1 1-20-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 47). 

§ 604. Administration of Medication to Pupils or Otherwise 
Assisting Pupils in the Administration of 
Medication. 

(a) A school nurse may administer medication to a pupil or otherwi.se 
assist a pupil in the administration of medication as allowed by law and 
in keeping with applicable standards of professional practice. 

(b) Other designated school personnel may administer medication to 
pupils or otherwise assist pupils in the administration of medication as 
allowed by law and, if they are licensed health care professionals, in 
keeping with applicable standards of professional practice for their li- 
cense. 

(c) The pupil's parent or legal guardian may administer medication to 
the pupil or otherwise assist the pupil in the administration of medication 
as allowed by law. 

(d) An individual designated to do so by the parent or legal guardian 
may administer medication to the pupil or otherwise assist the pupil in the 
administration of medication as allowed by law. A local education 
agency may establish rules governing the designation of an individual by 
a parent or legal guardian in order to ensure that: 

(1) The individual is clearly identified; 

(2) The individual is willing to accept the designafion; 



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§605 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



(3) The individual being designated is permitted to be present on the 
school site; 

(4) Any limitations on the individual's authority in his or her capacity 
as designee are clearly established; and 

(5) The individual's service as a designee would not be inconsistent 
or in conflict with his or her employment responsibilities, if the individu- 
al being designated is employed by the local education agency. 
NOTE: Authority cited: Sections 3303 1 and 49423.6, Education Code. Reference: 
Sections 49423 and 49423.6. Education Code. 

History 
1 . New section filed 1 1 -20-2003; operative 1 1 -20-2003 pursuant to Government 
Code section 11 343 .4 (Register 2003, No. 47). 

§ 605. Self-Administration of Medication. 

With the approval of the pupil's authorized health care provider and 
the approval of the pupil's parent or legal guardian, a local education 
agency may allow a pupil to carry medication and to self-administer the 
medication. A local education agency may establish rules governing 
self-administration in order to protect the health and safety both of the 
pupil and of the whole student body and staff at the schoolsite. Through 
such rules, a local education agency may describe circumstances under 
which self-administration may be prohibited. 

NOTE: Authority cited: Sections 33031 and 49423.6, Education Code. Reference: 
Sections 49423 and 49423.6, Education Code. 

History 
1 . New section filed 1 1 -20-2003; operative 1 1-20-2003 pursuant to Government 

Code section 11 343.4 (Register 2003, No. 47). 

§ 606. Delivery and Storage of Medication. 

A local education agency may establish policies governing the deliv- 
ery of medication to the schoolsite (other than medication a pupil is al- 
lowed to carry for purposes of self-administration), as well as the storage 
of medication in a manner that is secure and maintains the medication's 
effectiveness. 

NOTE: Authority cited: Sections 33031 and 49423.6, Education Code. Reference: 
Sections 49423 and 49423.6, Education Code. 

History 
1 . New section filed 1 1-20-2003; operative 1 1-20-2003 pursuant to Government 

Code section 11 343.4 (Register 2003, No. 47). 

§ 607. Documentation. 

A local education agency may establish policies regarding documen- 
tation of the administration of medication to pupils or otherwise assisting 
pupils in the administration of medication to ensure that: 

(a) Pupil confidentiality is appropriately maintained; 

(b) A medication record is maintained for each pupil to whom medica- 
tion is administered or other assistance is provided in the administration 
of medication; and 

(c) An appropriate record is kept of pupils who are allowed to carry and 
self-administer medication. 

NOTE: Authority cited: Sections 33031 and 49423.6, Education Code. Reference: 
Sections 49423 and 49423.6, Education Code. 

History 

1 . New section filed 1 1-20-2003; operative 11 -20-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 47). 

§ 608. Deviation from Authorized Health Care Provider's 
Written Statement. 

A local education agency may establish policies regarding any materi- 
al or significant deviation from the authorized health care provider's 
written statement in order to ensure that, as quickly as possible upon dis- 
covery, appropriate notification of the deviation is made: 

(a) In accordance with applicable standards of professional practice, 
if the discovery is made by a licensed health care professional; or 

(b) To the schoolsite administrator, the pupil's parent or legal guard- 
ian, an employee of the local education agency who is a licensed health 
care professional (if any), and the pupil's authorized health care provider, 
if the discovery is made by an individual who is not a licensed health care 
professional. 



NOTE: Authority cited: Sections 33031 and 49423.6, Education Code. Reference: 
Sections 49423 and 49423.6, Education Code. 

History 
1. New section filed 1 1-20-2003; operative 11 -20-2003 pursuant to Government 
Code secnon 1 1 343.4 (Register 2003, No. 47). 

§ 609. Unused, Discontinued and Outdated Medication. 

A local education agency may establish policies regarding unused, 
discontinued, and outdated medication in order to ensure that: 

(a) Such medication is returned to the pupil's parent or legal guardian 
where possible; 

(b) Such medication that cannot be returned to the pupil's parent or le- 
gal guardian is disposed of by the end of the school year in accordance 
with apphcable law. 

NOTE: Authority cited: Sections 33031 and 49423.6, Education Code. Reference: 
Sections 49423 and 49423.6, Education Code. 

History 
1 . New section filed 1 1-20-2003; operative 1 1-20-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003. No. 47). 

§ 61 0. Applicability of this Article. 

Nothing in this article may be interpreted as creating a state-mandated 
local program or as affecting in any way: 

(a) The staaites, regulations, or standards of practice governing any 
health care professional licensed by the State of California in the carrying 
out of activities authorized by the license; 

(b) The statutes or regulations governing the administration of me- 
dication to pupils or otherwise assisting pupils in the administration of 
medication by individuals who are not licensed health care professionals, 
other than Section 49423 and subdivision (b) of Section 49423.6 of the 
Education Code; 

(c) The use of emergency epinephrine auto-injectors pursuant to Sec- 
tion 49414 of the Education Code; 

(d) The content or implementation of a pupil's individualized educa- 
tion program prepared in accordance with applicable provisions of feder- 
al and state law, or a pupil's Section 504 Accommodation Plan prepared 
in accordance with applicable provisions of the federal Rehabilitation 
Act of 1973. 

NOTE: Authority cited: Sections 33031 and 49423.6, Education Code. Reference: 
SecUons 49414, 49423 and 49423.6, and Part 30 (commencing with Section 
56000) of Division 4 of Title 2, Education Code. 

History 
1 . New section filed 1 1-20-2003; operative 1 1-20-2003 pursuant to Government 
Code section 11 343.4 (Register 2003, No. 47). 

§ 611. Issuance and Periodic Updating of Advisory. 

The California Department of Education, with the approval of the 
State Board of Education, may issue and periodically update an advisory 
providing non-binding guidance on the administration of medication to 
pupils and otherwise assisting pupils in the administration of medication. 
The advisory shall be a program guideline under Education Code section 
33308.5, and shall meet the requirements of Education Code section 
33308.5 (including the written notification that the guideline is merely 
exemplary and that compliance with the guideline is not mandatory). 
NOTE; Authority cited: Sections 33031 and 49423.6, Education Code. Reference: 
Sections 33308.5, 49423 and 49423.6, Education Code. 

History 
1 . New section filed 1 1-20-2003; operative 1 1-20-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 47). 



Article 5. School Environment for Pupils 

§ 630. Condition of School Premises. 

Governing boards, superintendents, principals, and teachers are re- 
sponsible for the sanitary, neat, and clean condition of the school prem- 
ises and freedom of the premises from conditions that would create a fire 
or life hazard. 
NOTE: Authority cited for Article 5: Section 33031, Education Code. 

History 
1 . Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 
77, No. 39). For prior history, see Register 76, No. 9. 



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§700 



§631. Maintenance. 

Adequate separate toilet facilities shall be maintained for each sex, and 
all buildings and grounds shall be maintained according to the regula- 
tions of the Board of Health having Jurisdiction over the school district. 

§ 632. School Crossing Signs. 

The governing board shall neither purchase nor accept any school 
crossing sign (except hand signs to be carried by adult crossing guards 
and hand signs described in Section 575 to be carried by school safety 
patrols), unless it conforms to the requirements of the Traffic Manual is- 
sued by the California Department of Transportation. 

History 

I . Amendment tiled 9-23-77; effective thirtieth day thereafter (Register 77, No. 

39). 



Article 6. Pupil Fingerprinting Program 



§ 640. Definitions. 

(a) "Private funding," as used in Education Code Section 32390(a), 
means fund-raising activities by the school district or private persons or 
entities, or any other form of accepting donated funds. 

(b) "Volunteer assistance," as used in Education Code Section 

32390(a), means the voluntary contribution, without charge to the school 

district, of materials, equipment, or personal time, special knowledge or 

skill. 

NOTE: Authority cited: Section 32390(a), Education Code. Reference: Section 
32390(a), Education Code. 

History 
1 . New section filed 10-8-86; effective upon filing pursuant to Government Code 
Section 1 1346.2(d) (Register 86, No. 46). 



§ 641 . Standards. 

In providing fingerprint services, school districts shall comply with 
the following standards: 

(a) The standard California Department of justice 8" x 8" personal 
identification fingerprint form (BID-8) may be used. Other fingerprint 
forms may be used that are of the card stock, size and format of form 
BID-8, as specified by the California Department of Justice. 

(b) Fingerprint equipment used shall provide for a permanent black 
finger print impression. Standard fingerprinting ink or inkless equipment 
shall be used which meet standards specified by the Cahfomia Depart- 
ment of justice. 

(c) Those specifications referred to in subsections(a) and (b) may be 
obtained from the California Department of justice. Bureau of Criminal 
Identification, P.O. Box 903417, Sacramento. California 94203-4170. 

(d) A full set of fingerprints shall be taken that includes the ten rolled 
impressions and the two flat impressions. A notation shall be made on the 
fingerprint form when fingers are amputated, bandaged or deformed. 

(e) A person trained in the taking of fingerprints shall perform the fin- 
gerprint process, or if an untrained person is used, a trained person shall 
inspect each set of fingerprint impressions for quality. A person is 
deemed to be trained in the taking of fingerprints if he or she has com- 
pleted a course of instruction in the taking of fingerprints from a law en- 
forcement agency, or a public or private college or university, or from a 
person who has successfully completed a course of instruction in the tak- 
ing of fingerprints from a law enforcement agency, or a public or private 
college or university. 

NOTE: Authority cited: Section 32390(a), Education Code. Reference: Section 
32390(a), Education Code. 

History 

1 . New section filed 1 0-8-86; effective upon filing pursuant to Government Code 
Section 11 346.2(d) (Register 86, No. 46). 



Article 7. Safe Schools Assessment 
Program 

§ 700. Definitions. 

(a) "Aggregated data," means the information contained on all of the 
completed California Safe Schools Assessment School Crime and Inci- 
dent Reporting Forms (July 1 , 2001 ) collected during each reporting peri- 
od by the school district or county office of educarion from each school, 
program, or camp within the jurisdiction of the superintendent of the re- 
spective school district or county office of education. 

(b) Crime classifications 

( 1 ) Arson 

"Arson" means the willful and malicious setting fire to or burning any 
structure or property, regardless of the value of the property. Arson does 
not include one burning his or her own property, unless there is injury to 
another person or another person's property. Reporting for the purposes 
of the Safe Schools Assessment Program shall be limited to incidents of 
arson that result in an economic loss of $1 00 or more to an individual, the 
school district or county office of education. 

(2) Assault with a deadly weapon 

"Assault with a deadly weapon" means the use of a firearm, deadly 
weapon or instrument other than a firearm or by any means of force likely 
to produce great bodily injury. A deadly weapon can be a firearm: stun 
gun or taser; bows and arrows; knives or other cutting instalments; clubs; 
bottles; explosives; and body parts, such as teeth, hands, fists, and feet 
used with force likely to produce great bodily injury. 

(3) Battery 

"Battery" means the willful and unlawful use of force or violence upon 
the person of another. 

(4) Burglary 

"Burglary" means any entry with the intent to commit a theft or any 
felony, even though force may not have been used to gain entry. 

(5) Destructive devices 

"Destructive devices" means the use of any of the following for crimi- 
nal purposes: 

(A) Projectile containing any explosive or incendiary material or any 
chemical substance, bomb, facsimile bomb, grenade, explosive missile 
or similar device or any launching device. 

(B) Weapon of a caliber greater than 0.60 caliber which fires fixed am- 
munition or any ammunition other than a shotgun. 

(C) Rocket, rocket propelled projectile, or any similar device of diam- 
eter greater than 0.60 inches or launching device. 

(D) Breakable container which contains a flammable liquid with a 
flashpoint of 150 degrees Fahrenheit or less and has a wick or similar de- 
vice capable of being ignited, other than a device which is commercially 
manufactured primarily for the purpose of illumination. 

(E) Sealed device containing dry ice (CO 2) or other chemically reac- 
tive substances assembled for the purpose of causing an explosion by a 
chemical reaction. 

Included in this category also are written or oral threats to use destruc- 
tive devices. Devices such as snappers or poppers, firecrackers, and fire- 
works shall not be reported. 

(6) Drug and alcohol offenses 

"Drug and alcohol offenses" means the possession, use, sale, or fur- 
nishing of any drug, intoxicating liquor, controlled substance, or toluene, 
as well as drug paraphernalia, that is prohibited by law. 

(7) Explosive devices 

"Explosive devices" means any substance, or combination of sub- 
stances, the primary or common purpose of which is detonation or rapid 
combustion with criminal intent. Explosives include, but are not limited 
to: 

(A) Dynamite, nitroglycerin, black powder, propellant explosives, 
detonating primers, blasting caps or commercial boosters. 



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(B) Substances determined to be class A and class B explosives by the 
United States Department of Transportation. 

(C) Nitro carbo nitrate substances (blasting agent) as classified by the 
United States Department of Transportation. 

(D) Any material designated as an explosive by the State Fire Marshal. 

(E) Certain class C explosives designated by the United States Depart- 
ment of Transportation when listed in regulations adopted by the State 
Fire Marshal. 

Included in this category also are written or oral threats to use explo- 
sive devices. Devices such as snappers or poppers, firecrackers, and fire- 
works shall not be reported. 

(8) Graffiti 

"Graffiti" means any form of unauthorized painting, writing, or in- 
scription on the property of a school district or county office of education, 
regardless of the content or nature of the material used in the commission 
of the act. Reporting for the purposes of the Safe Schools Assessment 
Program shall be limited to incidents of graffiti that result in an economic 
loss of $ 100 or more to an individual, the school district or county office 
of education. 

(9) Hate Crime 

"Hate crime" means an act or attempted act against the person or prop- 
erty of another individual or institution which in any way manifests evi- 
dence of hostility toward the victim because of his or her actual or per- 
ceived race, religion, disability, gender, nationality, or sexual 
orientation. This includes, but is not limited to, threatening telephone 
calls, hate mail, physical assault, vandalism, cross burning, destruction 
of religious symbols, or fire bombings. This paragraph shall include 
those threats or hate mail sent by electronic communication. 

(10) Homicide 

"Homicide" means the unlawful killing of a person by another person. 

(11) Loitering or trespassing 

(A) "Loitering" means to delay, to linger, or to idle about any school 
location without lawful business for being present. 

(B) "Trespassing" means the entering of school grounds during school 
hours without registering with the site or program administrator, as re- 
quired by law, and remaining after being asked to leave, or returning to 
the school grounds within thirty days of being asked to leave or within 
seven days if the person is a parent or guardian of a student attending the 
school. 

(12) Possession of weapons 

"Possession of weapons" means the unauthorized possession of dan- 
gerous weapons, which include, but are not limited to, fire arms or 
knives. 

(13) Robbery /extortion 

(A) "Robbery" means the taking of personal property in possession of 
another, from his person or immediate presence, and against his will, ac- 
complished by force or fear. 

(B) "Extortion" means the taking of property from another person 
without their consent. Extortion is induced by a threat of force or wrong- 
ful use of fear. Extortion may occur over a period of time. Included in this 
category are written or oral threats to take property. 

(14) Sex offenses 

"Sex offenses" mean sexual battery, rape, statutory rape, sodomy, 
lewd and lascivious conduct with children, oral copulation, and child mo- 
lestation. 

(15) Theft 

"Theft" (larceny) means the taking, leading, driving, or carrying away 
of property (including motor vehicles) belonging to another with the in- 
tent to deprive the rightful owner of its use, regardless of the value of the 
property. Reporting for the purposes of the Safe Schools Assessment 
Program shall be limited to incidents of theft that result in an economic 
loss of $50 or more to the individual, school district, or county office of 
education. 

(16) Vandalism 

"Vandalism" (to school, student, or employee property on school loca- 
tion) means the malicious defacing, damaging, or destroying of property. 



Reporting for the purposes of the Safe Schools Assessment Program 
shall be limited to incidents of vandalism that result in an economic loss 
of $100 or more to the individual, school district, or county office of edu- 
cation. 

(c) "Economic loss" means (except in the case of arson) the gross dol- 
lar loss as a result of a crime committed against the property of an individ- 
ual, school district or county office of education before any insurance 
claim payments, restitution by students, or restitution by parents or 
guardians. In the case of arson, "economic loss" means the estimated cost 
of the economic loss to the individual, school district or county office in- 
curred as a result of the arson. 

(d) "Hate motivated incident" means an act or attempted act which 
constitutes an expression of hostility against a person or property or insti- 
tution because of the victim's real or perceived race, reUgion, disability, 
gender, nationality, or sexual orientation. A hate motivated incident can 
be using bigoted insults, taunts, or slurs; distributing or posting hate 
group literature or posters; defacing, removing, or destroying posted ma- 
terials or announcements; or posting or circulating demeaning jokes or 
leaflets. This subsection shall include those expressions of hostility sent 
by electronic communication. 

(e) "Intentionally misleading data" means data that the school district 
or county office of education superintendent intentionally withheld that 
cleariy should have been reported, or data submitted that was known or 
reasonably should have been known to be misleading or false. 

(f) "Location" means the places where, and the times when, school 
personnel have supervisory responsibility for pupils, that include the fol- 
lowing: 

( 1 ) On campus, including before or after school, and during lunch and 
recess. 

(2) On a school bus, to or from school, or to or from a school-spon- 
sored activity. 

(3) Off campus during lunch or at a school-sponsored activity. 

(4) On the way directly to and from school or at a school-sponsored 
activity. 

(g) "Non-student" means a person, regardless of age, not enrolled in 
the school or program reporting the crime, including hate crime or hate 
motivated incident. 

(h) "Reportable crime" means an act that (1) is a violation of an exist- 
ing criminal statute, (2) involves school activities or school-sponsored 
activities conducted by school districts or county offices of education, 
and (3) is reportable to local law enforcement as a crime, including hate 
crime, whether or not a crime report is filed with the local law enforce- 
ment. The reportable crime classifications are described above in subsec- 
tion (b). 

(i) "Reportable hate motivated incident" means an act or attempted act 
that (1) is a violation of an existing civil rights statute, and (2) involves 
school activities or school-sponsored activities conducted by school dis- 
tricts or county offices of education. The reportable hate motivated inci- 
dent classification is described above in subsection (d). 

(j) "Safe schools assessment" means the reporting of crime, including 
hate crime and hate motivated incidents, committed at a location, as de- 
fined above in subsecfion (0. 

(k) "School bus" means a bus that is owned or leased by the school dis- 
trict or county office of education for the purpose of transporting students 
or staff members to or from school or school-sponsored activities. 

(/) "Site or program administrator" means the school or program site 
person who has responsibility for compiling the school crime and hate 
motivated incident data and reporting the crime and incident data to the 
respective school district or county office of education superintendent. 
The site or program administrator can be, but is not limited to, school site 
principals, vice principals, counselors, and coordinators or directors of 
county-operated programs. 

(m) "Student" means a person enrolled in the school or program re- 
porting the crime or incident. 

(n) "Suspect" means a person reasonably suspected of having com- 
mitted the crime or incident. 



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Title 5 



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§702 



(0) "Victim," as it relates to crimes against persons, including hate 

crimes and hate motivated incidents, means a person against whom a 

crime or incident was committed. 

Noi E: Authority cited: Section 33031, Education Code; and Section 628.1, Penal 
Code. Reference: Section 23608. Business and Professions Code; Sections 44807 
and 48900, Education Code; Sections 11014.5, 11018. 11054-11058, 11351, 
11 3.57. 1 13.59, 1 1.360, 1 1.364. 1 1.364.7, 11 5.50, 1 1680, 1 1681 and 12000, Health 
and Safety Code; and Sections 71, 148.1. 187, 192.211.212,242.243.2,243.4, 

244.5. 245. 245.5, 261, 26! .5, 286, 288, 288a, 308(b), 380, 381, 417, 417.4, 451 , 
4.52. 459, 484. 487. 488. 518, 519. 594. 626.7-626.9. 628-628.6. 640.5. 647(f). 

647.6, 65.3(g). 12020. 12220, 12301(a). 12403.7(d) and 12403.8. Penal Code. 

History 

1 . New subchapter 3, article 7 and section filed 9- 1 3-95 as an emergency; opera- 
live 9-13-95 (Regi.stcr95, No. 37). A Certificate of Compliance must be trans- 
mitted to OAL by 1-1 1-96 or emergency language will be repealed by opera- 
lion of law on the following day. 

2. Editorial correction deleting duplicative subchapter 3 heading (Register 96, No. 

7). 

3. Certificate of Compliance as to 9- ! 3-95 order including amendment of subsec- 
tions (b)(1). (b)(5). (b)(7). (b)(14), renumbering of (b)(16) to (b)(15), and 
amendment of subsection (h) transmitted to OAL 1-4-96 and filed 2-13-96 
(Register96. No. 7). 

4. Amendment of subsections (a), (b)( 10)(B). and (b)( 1 3) and amendment of Nrn E 
filed 8-4-98; operative 8-4-98 pursuant to Government Code section 
1 1.343.4(d) (Register 98, No. 32). 

5. Amendment filed 8-1-2001; operative 8-1-2001 pursuant to Government 
Code Section 1 1.343.4 (Register 2001, No. 31 ). 

§ 701. School Crime and Incident Reporting Procedures. 

(a) All school district superintendents and county office of education 
superintendents who operate educational programs are required to sub- 
mit to the California Department oFEducation safe school assessment re- 
ports that contain specific numerical data on the incidents of crime, in- 
cluding hate crimes or hate motivated incidents, occurring on their 
respective school campuses. Each school district or county office of edu- 
cation shall utilize the following procedure to report crime and hate moti- 
vated incident data from school or program sites to the respective school 
district or county office of education superintendent, and to the Califor- 
nia Department of Education; 

( 1 ) Each administrator of a school site or county office of education 
program, or designee, shall complete a California Safe Schools Assess- 
ment School Crime and Incident Reporting Form (July 1, 2001) for each 
incident of crime, including hate crime or hate motivated incidents. The 
information on the form includes, but is not limited to, identification of 
the crime or hate motivated incident, victim characteristics, suspect char- 
acteristics, if known at the time of the incident, and the actual or estimated 
dollar loss to the school district or county office of education resulting 
from a criminal act directed against property of the school district or 
county office of education. The site or program administrator shall use 
the crime and hate motivated incident classification definitions as speci- 
fied above in Section 700(b) and (d) and the reporting guidelines as speci- 
fied below in Section 702(a) to determine if a crime or an incident is re- 
portable for the purposes of the Safe Schools Assessment Program. 

(2) The site or program administrator, or designee, shall retain on file 
for not less than three years the individual reports of crimes and hate mo- 
viaied incidents on which the aggregate data is based, and any other re- 
quired documentation, as specified below in Section 702(b). 

(3) Each month the data regarding reportable school crimes and hate 
motivated incidents shall be reported to the designated person at the re- 
spective school district or county office of education. 

(4) Any school district that has its own police department may have the 
chief of its police force or other administrator of the police department 
prepare the California Safe Schools Assessment School Crime and Inci- 
dent Reporting Form (July 1, 2001) for its schools and submit the aggre- 
gated data to the California Department of Education. 

(5) On or before February 1 and August 1 of each year, the respective 
school district or county office of education superintendent, or designee, 
shall aggregate the school crime and hate motivated incident data re- 
ported by schools or programs within their jurisdiction and report the ag- 
gregated data to the California Department of Education. 



(6) Beginning February 1. 1997 and thereafter, if a school district or 
county office of education chooses to submit its data to the California De- 
partment of Education in an electronic format, it must do so in a formal 
designated by the California Department of Education. For the purposes 
of this section, an electronic format includes, computer disk, modem 
transfer, or other electronic means. 

(b) Reportable crimes and hate motivated incidents occurring at a 
school in the jurisdiction of another school district or county office of 
education shall be reported by the education agency in which the crime 
or hate motivated incident occurred. 

NOTE: Authority cited; Section 3.3031 . Education Code; and Section 628. 1 . Penal 
Code. Reference: Section 48902. Educalion Code; and Sections 628-628.6. Penal 
Code. 

History 

1. New .section filed 9-13-95 as an emergency; operative 9-13-95 (Register 95, 
No. 37). A Certificate of Compliance must be transmitted to OAL by l-l 1-96 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to 9- 1 3-95 order transmitted to OAL 1 -4-96 and 
filed 2-1.3-96 (Register 96. No, 7). 

3. Amendment of subsections (a)(1) and (a)(4) filed 8-4-98; operative 8-4-98 
pursuant to Government Code section 1 1343.4(d) (Register 98. No. 32). 

4. Amendment of section heading and section filed 8-1-2001; operative 
8-1-2001 pursuant to Governmerrt Code Section 1 1.343.4 (Reeisler 2001. No. 
31). 

§ 702. Guidelines for Reporting and Required 
Documentation. 

Site or program administrators and school district and county office of 
education superintendents shall use (1) crime and hate motivated inci- 
dent classifications based on existing statutes, as specified above in Sec- 
tion 700(b) and (d), (2) reporting guidelines as specified in subsection (a) 
below, and (3) guidelines for required documentation as specified in sub- 
section (b) below to complete the reporting procedures as specified 
above in Secfion 701. 

(a) Reporting guidelines 

The site or program administrator or designee shall report a crime or 
hate mofivated incident when it has been determined that a reportable 
crime or hate mofivated incident, as specified above in Section 700(b) 
and (d), has been committed on a school location, as specified above in 
SecUon 700(f). If more than one crime or hate motivated incident is com- 
mitted during an occurrence, the most serious crime or incident in the 
judgment of the site or program administrator or designee shall be re- 
ported. The suspect(s) need not be apprehended for a crime or hate moti- 
vated incident to be reportable. The site or program administrator or de- 
signee may consult with local law enforcement to confirm that the 
occurrences reported on the forms are crimes or hate motivated incidents 
as defined in statute. 

(b) Required documentation 

The school district or county office of educafion superintendent re- 
sponsible for reporting school crime and hale mofivated incident data 
shall make available, for not less than three years from the date the report 
was submitted, supporting data v/hich verifies information contained on 
the California Safe Schools Assessment School Crime and Incident Re- 
porting Form (July 1, 2001). Such data shall include, but not be limited 
to, reports to local law enforcement officers and suspension and expul- 
sion reports which have been reported to the respective local governing 
board, for the crime classificafions specified in Education Code section 
48915(a) through (d); and insurance claims, maintenance records, and 
other documents to verify economic loss, if applicable. In addition, staff 
should be available to participate in interviews during site visits from the 
California Department of Education. 

NOTE: Authority cited: Section 3303 1 , Educalion Code; and Section 628. 1 , Penal 
Code. Reference: Sections 628-628.6, Penal Code. 

History 

1. New section filed 9-13-95 as an emergency; operative 9-13-95 (Register 95, 
No. 37). A Certificate of Compliance must be transmitted to OAL by l-1 1-96 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to 9-13-95 order transmitted to OAL 1 -4-96 and 
filed 2-13-96 (Register 96, No. 7). 



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Title 5 



3. Amendment of subsection (b) filed 8-4-98; operative 8-4-98 pursuant to Gov- 
ernment Code section 1 1343.4(d) (Register 98, No. 32). 

4. Amendment filed 8-1-2001; operative 8-1-2001 pursuant to Government 
Code Section 1 1 343.4 (Register 2001 , No. 3 1 ). 

§ 704. Certification of Report. 

Each school district or county office of education superintendent or 
designee shall certify to the best of their knowledge and belief that the 
information in each crime and hate motivated incident reporting form is 
true, accurate, and complete prior to submission to the California Depart- 
ment of Education. 

NOTE: Authority cited: Section 33031. Education Code; and Section 628.1, Penal 
Code. Reference: Sections 628-628.6, Penal Code. 

History 

1 . New section filed 9-13-95 as an emergency; operative 9-13-95 (Register 95, 
No. 37). A Certificate of Compliance must be transmitted to OAL by 1-1 1-96 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to 9-1 3-95 order transmitted to OAL 1^-96 and 
filed 2-13-96 (Register 96, No. 7). 

3. Amendment filed 8-1-2001; operative 8-1-2001 pursuant to Government 
Code Section 1 1343.4 (Register 2001, No. 31). 

§ 705. Failure to Submit or Intentionally Submitting 
Misleading Data. 

School districts or county offices of education failing to submit a re- 
port or intentionally submitting misleading data may be sanctioned by 
the Superintendent of Public Instmction. The sanction is withholding a 
dollar aiTiount not to exceed one-half of the annual salary of the superin- 
tendent of either the reporting school district or the county office of edu- 
cation from the school district's or county office of education's next state 
funding apportionment. 

NOTE: Authority cited: Secfion 3303 1 , Education Code: and Section 628. 1 , Penal 
Code. Reference: Section 14044, Education Code; and Sections 628-628.6, Penal 
Code. 

History 

1. New section filed 9-13-95 as an emergency; operative 9-13-95 (Register 95, 
No. 37). A Certificate of Compliance must be transmitted to OAL by 1-1 1-96 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to 9-13-95 order transmitted to OAL 1-^-96 and 
filed 2-13-96 (Register 96, No. 7). 



Subchapter 3.5. Leroy Greene Assessment 
of Academic Achievement 

§ 800. General Testing Provisions. 

To be eligible for incentive funding available under the voluntary Pu- 
pil Testing Incentive Program pursuant to Education Code Section 
60640(a), a school district must certify that it administered an approved 
test to all pupils enrolled in grades two through ten or in as many of those 
grades as are operated by the school district during the time specified by 
the State Superintendent of Public Instruction. 

(a) Each pupil enrolled in the school district during the school district's 
testing period shall be given an achievement test of basic academic skills, 
including pupils in subgroups that may have been exempt from testing 
in the past. 

(b) School districts shall make whatever arrangements are necessary 
to ensure that pupils in alternative education programs or programs con- 
ducted off-campus are tested including, but not limited to, pupils en- 
rolled in the school district's continuation school, independent study, or 
community day school. 

(c) Make-up sessions shall be scheduled to permit pupils who were not 
present during the initial test administration to complete the achievement 
test of basic academic skills. 

(d) A parent or guardian may submit to the school a written request to 
excuse his or her child from any or all parts of the achievement test of ba- 
sic academic skills. Such requests must be initiated by the parent or 



guardian and no school official shall solicit such a written request on be- 
half of any child. 

(e) If a pupil would not be tested pursuant to Secfion 802(a), the school 
in which the pupil is enrolled shall test the pupil upon the written request 
of the pupil's parent or guardian that his or her pupil be tested with any 
or all parts of the achievement test of basic academic skills. Such testing 
must be conducted during the same tesfing window during which other 
pupils in the same grade are tested. 

(f) Achievement tests of basic academic skills are to be selected from 
among those currently approved for use by the California State Board of 
Educafion pursuant to EducaUon Code secfion 60604(d). 

(g) School districts shall use more than one approved test, if necessary, 
to produce scores for all pupils in the required curriculum areas of read- 
ing, spelling, written expression, and mathematics. 

(h) Pupils in special educafion programs may be tested with an 
achieveinent test of basic academic skills with necessary adaptafions or 
accommodations including, but not limited to, large print, braille, ex- 
tended time or the use of a reader or scribe. Pupils tested with adaptations 
or accommodations shall be counted for the $5 per-pupil tested appor- 
fionment pursuant to Education Code secfion 60640(a). 

(i) Oral language proficiency assessments do not qualify as achieve- 
ment tests of basic academic skills. 

(j) School districts may administer an achievement test of basic aca- 
demic skills to pupils enrolled in grades other than two through ten, but 
such pupils may not be counted for the $5 per-pupil tested apportionment 
pursuant to Education Code section 60640(a). 

(k) Pursuant to Educafion Code secfion 60641(a), the State Superin- 
tendent of Public Instrucfion has designated that achievement tests shall 
be administered during the fall, or beginning of the school year, between 
5 and 25 percent of the school district's instrucfional days, or during the 
spring, or end of the school year, between 70 and 90 percent of the school 
district's instrucfional days. 

NOTE: Authority: Sections 3303 1 and 60605(g), Education Code. Reference: Sec- 
fions 60603(a) and (c), 60604(a)( 1 ), (c), and (d), 60605(b), 60640 and 6064 1 , Edu- 
cation Code. 

History 

1. New subchapter 3.5 (section 800) and section filed 5-22-96 as an emergency; 
operative 5-22-96 (Register 96, No. 21). A Certificate of Compliance must be 
transmitted to OAL by 9-19-96 or emergency language will be repealed by op- 
eration of law on the following day. 

2. Editorial correction of subsection (b) (Register 96, No. 38). 

3. New subchapter 3.5 (secfion 800) and secfion refiled 9-1 9-96 as an emergency; 
operative 9-20-96 (Register 96, No. 38). A Certificate of Compliance must be 
transmitted to OAL by 1-21-97 or emergency language will be repealed by op- 
eration of law on the following day. 

4. Repealed by operauon of Government Code secfion 1 1346.1(g) (Register 97, 
No. 24). 

5. New subchapter 3.5 (.sections 800-802) and secfion filed 6-11-97; operafive 
6-1 1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 
24). 

§ 801 . Reporting Test Results. 

For purposes of Education Code section 60641(b), school districts 
shall give a written report of individual pupil results to the pupil's parent 
or guardian no later than 40 school days following the date on which the 
school district received the results of the achievement tesfing of basic 
academic skills. 

NOTE: Authority: Secfions 3303 1 and 60605(g), Educafion Code. Reference: Sec- 
tion 60641(b), Educafion Code. 

History 
L New section filed 6-1 1-97; operative 6-1 1-97 pursuant to Government Code 

section 11343.4(d) (Register 97, No. 24). 

§ 802. Waiver Criteria. 

(a) To establish compliance with Education Code secfions 60640 and 
60641, school districts may request a waiver of the requirement under 
Education Code section 60640(a) that all pupils be tested from the Cali- 
fornia State Board of Education pursuant to Educafion Code sections 
33050-33053. The California State Board of Education shall approve the 
waiver for one or more of the following types of pupils: 



• 



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Title 5 



California Department of Education 



§850 



(1) Special Education pupils whose Individualized Education Pro- 
grams (lEP) provide for, and the school district implements, an alterna- 
tive means for determining the pupils" academic progress. 

(2) Pupils who have not received at least thirty (30) months of instmc- 
lion in the core curriculum, given primarily in the English language, and 
the school district implements an alternative means for determining the 
pupils" academic progress. This provision would only apply if an ap- 
proved test in the pupils" primary language was not available for pur- 
chase. 

(3) Pupils who entered school with no reading skills in any language 
and have been enrolled continuously in the .school district for fewer than 
180 days. 

(4) Pupils who were not present during the test administration or at any 
required make-up sessions. 

(5) Pupils in special programs other than continuation school, inde- 
pendent study, community day school, or those programs identified in 
( 1 ), (2). or (3) of this subsection, who were not tested due to extraordinary 
circumstances such as home/hospital study or traveling outside the coun- 
try. 

(b) When the California State Board of Education approves a waiver 
of testing all pupils, school districts shall report the numbers of pupils ex- 
empted in each waiver category to the California Department of Educa- 
tion. 

(c) When the California State Board of Education approves a waiver 
of testing all pupils, school districts shall assess the progress in basic aca- 
demic skills of each pupil not tested using an alternative means appropri- 
ate to the pupil" s level of language proficiency. 

(d) When the California State Board of Education approves a waiver 
of testing all pupils, school districts shall report the results of the pupil's 
alternative assessment to the pupil's parent or guardian within 40 school 
days of the date that the results of the alternative assessment are obtained. 

(e) Should the California State Board of Education approve any waiver 
of testing all pupils under this section, the $5.00 per pupil incentive funds 
shall be apportioned solely with respect to each pupil actually tested in 
compliance with Education Code sections 60640 and 60641. 

(0 For the 1996-97 school year only, school districts may submit to 
the California State Board of Education requests to use tests not approved 
by the California State Board of Education. 

NOTE: Authority: Sections 3303 1 and 6060.'i(g), Education Code. Reference: Sec- 
tions 33050-33053, 60640 and 60641 . Education Code. 

History 
1 . New section filed 6-1 1-97; operative 6-1 1-97 pursuant to Government Code 

section 1 1343.4(d) (Register 97, No. 24). 

Subchapter 3.75. Standardized Testing and 
Reporting Program 



Article 1. General 

§ 850. Definitions. 

For the purposes of the Standardized Testing and Reporting (STAR) 
Program, the following terms shall have the following meanings unless 
the context indicates otherwise: 

(a) "Accommodations" means any variation in the assessment envi- 
ronment or process that does not fundamentally alter what the test mea- 
sures or affect the comparability of scores. Accommodations may in- 
clude variations in scheduling, setting, aids, equipment, and presentation 
format. 

(b) "Administration Period" means one of multiple test administration 
periods used by school districts with schools or programs on non-tradi- 
tional calendars that begin and complete the school year at various times 
and have staggered vacation periods, in order to ensure that all pupils are 
tested at approximately the same point in the instructional year. 

(c) "Alternate Assessment" means an assessment as provided in 
Education Code section 60640(e) developed to measure the degree to 



which pupils with exceptional needs who are unable to take the stan- 
dards-based achievement tests even with accommodations or modifica- 
tions are achieving the state content standards. Alternate assessments in- 
clude administration manuals, administrative materials, and documents 
on which the test examiner records the pupils' responses. 

(d) "California Standards Tests" means an assessment as provided in 
Education Code section 60642. 'i that measures the degree to which pu- 
pils are achieving the state content standards. 

(e) "Department" means the California Department of Education. 

(f) "Designated achievement test'" means an assessment as provided 
in Education Code section 60640(b) and 60642 for grades 3 and 7. The 
designated achievement test includes test booklets, test answer docu- 
ments, administration manuals, and administrative materials. 

(g) "Designated primary language test" means an assessment as pro- 
vided in Education Code section 60640(f)( 1 ) and (2) in each primary lan- 
guage for which a test is available for students with limited English profi- 
ciency and includes the test booklets, test answer documents, 
administration manuals, administrative materials and practice tests. 

(h) "Eligible pupil" is any pupil in grades 2 to II. inclusive, who is not 
otherwise exempted pursuant to Education Code section 60615. 

(1) For the designated achievement test, an eligible pupil is any pupil 
in grades 3 or 7. 

(2) For the designated primary language test and the standards-based 
test in Spanish, an eligible pupil is an English learner with a primary lan- 
guage for which a test is required or optional pursuant to Education Code 
section 60640. 

(i) "Grade" means the grade assigned to the pupil by the school district 
at the time of testing. 

(j) "Modification" means any variation in the assessment environment 
or process that fundamentally alters what the test measures or affects the 
comparability of scores. 

(k) "Nonpublic schools (NPS)" are nonpublic, nonsectarian schools as 
set forth in California Education Code section 56034. 

(/) "School districts" includes elementary, high school, and unified 
school districts; county offices of education: and any charter school that 
for assessment purposes does not elect to be part of the school district or 
county office of education that granted the charter; and any charter 
school chartered by the State Board of Education. 

(m) "Scribe" is an employee of the school district, or a person assigned 
by a nonpublic school to implement a pupil's lEP who has signed a STAR 
Test Security Affidavit and is required to transcribe a pupil's responses 
to the format required by the test. A student's parent or guardian is not 
eligible to be a scribe. 

(n) A "significant medical emergency" is a significant accident, trau- 
ma, or illness (mental or physical) that precludes a pupil in grades 2 to 
11. inclusive, from taking the standards-based achievement tests or des- 
ignated achievement test. An accident, trauma, or illness is significant if 
the pupil has been determined by a licensed physician to be unable to par- 
ticipate in the tests. 

(o) "Standards-based achievement tests" means an assessment that 
measures the degree to which pupils are achieving the state content stan- 
dards as provided in Education Code sections 60640(e) alternate assess- 
ment, 60640(0(3) standards-based test in Spanish, and 60642.5 Califor- 
nia Standards Tests. The standards-based achievement tests include test 
booklets, test answer documents, administration manuals, administrative 
materials, practice tests and other materials developed and provided by 
the contractor of the tests. 

(p) "Standards-based test in Spanish" means an assessment as pro- 
vided in Education Code section 60640(0(3) in the dominant primary 
language of limited-English proficient students enrolled in California 
public schools that measures the degree to which pupils are achieving the 
state content standards. 

(q) "Test examiner" is an employee of a school district or an employee 
of a non-public school who has been trained to administer the tests and 
has signed a STAR Test Security Affidavit. For the alternate assessment, 
the test examiner must be a certificated or licensed school staff member. 



Page 17 



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§ 850.5 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



(r) "Test proctor" is an employee of a school district, or a person as- 
signed by a nonpublic school to implement a pupil ' s lEP, who has signed 
a STAR Test Security Affidavit and has received training designed to 
prepare him or her to assist the test examiner in the administration of tests 
within the STAR Program. 

(s) "Variation" is a change in the manner in which a test is presented 
or administered, or in how a test taker is allowed to respond, and includes, 
but is not limited to, accommodations and modifications. 
NOTE: Authority cited; Sections 33031 and 6060.'i, Education Code. Reference: 
Sections 56034, 60613. 60640. 60642 and 60642.3, Education Code. 

History 

1 . New subchapter 3.75 (sections 850-874) and section adopted by the State Board 
ofEducation and filed 1-2-98 as an emergency; operative 1-2-98 (Register 98. 
No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-98 or 
emergency language will be repealed by operation of law on the following day. 

2. New subchapter 3.75 (sections 850-874) and section refiled 5-5-98 as an emer- 
gency; operative 5-.5-98 (Register 98, No. 19). A Certificate of Compliance 
must be transmitted to OAL by 9-2-98 or emergency language will be repealed 
by operation of law on the following day. 

3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and 
filed 10-14-98 (Register 98, No. 42). 

4. New article 1 heading, amendment of subsection (c), new subsections (g)-(h) 
and amendment of Note filed 10-26-98 as an emergency; operative 10-26-98 
(Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL 
by 2-23-99 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 1 0-26-98 order, including amendment of Note, 
transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15). 

6. Amendment of subsections (a), (c) and (f), repealer of subsections (g)-(h) and 
amendment of Note filed 12-16-99 as an emergency; operative 12-16-99 
(Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL 
by 4—14-2000 or emergency language will be repealed by operation of law on 
the following day. 

7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

8. Repealer of subsection (d), subsection relettering, new subsections (f)(l)-(g) 
and amendment of Note filed 11-27-2000 as an emergency; operative 
1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be trans- 
mitted to OAL by 5-1-2001 or emergency language will be repealed by opera- 
tion of law on the following day. 

9. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 
3-28-2001 and filed 5-9-2001 (Register 2001, No. 19). 

10. Amendment of subsections (a), (f)(1) and (g), new subsections (h)-(m) and 
amendment of Note filed 2-3-2004; operative 2-3-2004 pursuant to Govern- 
ment Code section 1 1343.4 (Register 2004, No. 6). 

11. Amendment filed 8-22-2005; operative 9-21-2005 (Register 2005, No. 34). 

12. Amendment of section and Note filed 11-8-2006; operative 12-8-2006 
(Register 2006, No. 45). 



§ 850.5. School District Liability. 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Sections 60603, 60604 and 60613, Education Code. 

History 

1 . New section filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to 10-26-98 order u-ansmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99, No. 15). 

3. Amendment filed 12-16-99 as an emergency; operative 12-16-99 (Register 
99, No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 1 2- 1 6-99 order transmitted to OAL 4- 1 4-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

5. Repealer of section and amendment of Note filed 11-8-2006; operative 
12-8-2006 (Register 2006, No. 45). 



Article 2. Designated Achievement Test, 

Standards-Based Achievement Tests, 

Alternate Assessment, and Designated 

Primary Language Test 

§851. Pupil Testing. 

(a) School districts shall administer the designated achievement test, 
and standards-based achievement tests and the designated primary lan- 
guage test to each eligible pupil, enrolled in a school district on the date 
testing begins in the pupil's school or school district. 

(b) School districts shall make whatever arrangements are necessary 
to test all eligible pupils in alternative education programs or programs 
conducted off campus, including, but not limited to, continuation 
schools, independent study, community day schools, or county commu- 
nity schools, or nonpublic schools. 

(c) No test may be administered in a home or hospital except by a test 
examiner. No test shall be administered to a pupil by the parent or guard- 
ian of that pupil. This subdivision does not prevent classroom aides from 
assisting in the administration of the test under the supervision of a test 
examiner provided that the classroom aide does not assist his or her own 
child and that the classroom aide signs a security affidavit. 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Section 60640, Education Code. 

History 

1. New section adopted by the State Board ofEducation and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register98, No. 1). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including amendment of subsec- 
tions (a) and (d), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, 
No. 42). 

4. Editorial correction of subsection (b) (Register 98, No. 44). 

5. New article 2 heading and amendment of subsections (a) and (c) filed 10-26-98 
as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of 
Compliance must be transmitted to OAL by 2-23-99 or emergency language 
will be repealed by operation of law on the following day. 

6. Certificate of Compliance as to 10-26-98 order, including amendment of sub- 
section (d), transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15). 

7. Amendment of article heading filed 1 1-27-2000 as an emergency; operative 
1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be trans- 
mitted to OAL by 5-1-2001 or emergency language will be repealed by opera- 
fion of law on the following day. 

8. Certificate of Compliance as to 1 1-27-2000 order transmitted to OAL 
3-28-2001 and filed 5-9-2001 (Register 2001, No. 19). 

9. Amendment of article heading, secfion and Note filed 8-22-2005; operative 
9-21-2005 (Register 2005, No. 34). 

10. Amendment of article heading, secfion and Note filed 11-8-2006; operative 
12-8-2006 (Register 2006, No. 45). 

§ 852. Pupil Exemptions. 

A parent or guardian may submit to the school a written request to ex- 
cuse his or her child from any or all parts of any test provided pursuant 
to Education Code section 60640. A school district and its employees 
may discuss the Standardized Testing and Reporting Program with par- 
ents and may inform parents of the availability of exemptions under 
Education Code section 60615. However, the school district and its em- 
ployees shall not solicit or encourage any written exemption request on 
behalf of any child or group of children. 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Sections 60615 and 60640, Education Code. 

History 

1. New section adopted by the State Board of Educafion and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New secfion refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 



• 



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Title 5 



California Department of Education 



§ 853.5 



• 



• 



or emeieencv languase will be repealed by operation of law on the following 
day. 

3. Cenificale of Compliance as to 5-5-98 order, includine amendment of section, 
transmitted to OAL 9-2-98 and tiled 10-14-98 (Register 98. No. 42). 

4. Amendment of subsection (b) tiled 10-26-98 as an emergency: operative 
10-26-98 (Register 98. No. 44). A Certificate of Compliance must be trans- 
mitted to OAL by 2-23-99 or emergency language will be repealed t>y opera- 
tion of law on the following day. 

5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-2.3-99 
and tiled 4-6-99 (Register 99, No. 15). 

6. Amendment of subsection (b) filed 1 1-27-2000 as an emergency; operative 
1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be trans- 
mitted to OAL by 5-1-2001 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Certificate of Compliance as to 1 1-27-2000 order, including further amend- 
ment of subsection (a), transmitted to OAL 3-28-2001 and" filed 5-9-2001 
(Regi,ster2001.No, 19). 

8. Amendinent of subsection (b) and amendment of Note tiled 2-3-2004; opera- 
tive 2-3-2004 pursuant to Government Code section 1 1343.4 (Reeisler 2004, 
No. 6). 

9. Repealer of subsection (a) designator and subsection (b) filed 8-22-2005; op- 
erative 9-21-2005 (Register 2005, No. 34). 

10. Amendment filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 853. Administration. 

The designated achievement test, standards-based achievement tests 
and designated primary language test shall be administered and returned 
by school districts in accordance with the manuals or other instructions 
provided by the contractor for administering and returning the tests un- 
less specifically provided otherwise in this subchapter including instruc- 
tions for administering the test with variations, accommodations, and 
modifications specified in section 853.5. The procedures shall include, 
but are not liinited to, those designed to insure the uniform and standard 
administration of the tests to pupils, the security and integrity of the test 
content and test items, and the timely provision of all required student and 
school level information. 

NOTE: Authority cited: Sections 12001, 33031 and 60605, Education Code. Ref- 
erence: Section 60640, Education Code; and 20 USC Section 631 L 

History 

1. New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. I ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including new subsections (c) and 
(d). transmitted to OAL 9-2-98 and filed 10-14-98 ("Register 98, No. 42). 

4. Amendment of subsections (a) and (c) filed 10-26-98 as an emergency; opera- 
tive 1 0-26-98 (Register 98, No. 44). A Certificate of Compliance must be trans- 
mitted to OAL by 2-23-99 or emergency language will be repealed by opera- 
tion of law on the following day. 

5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99, No. 15). 

6. Amendment filed 12-16-99 as an emergency; operative 12-16-99 (Register 
99, No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

7. Certificate of Compliance as to 1 2-1 6-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

8. New subsection (d), subsection relettering and amendmentof newly designated 
subsecnon (e) filed 1 1-8-2000; operative 1 2-8-2000 (Register 2000, No. 45). 

9. Amendment of subsections (a) and (b) filed 1 1-27-2000 as an emergency; op- 
erative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be 
transmitted to OAL by 5-1-2001 or emergency language will be repealed by 
operation of law on the following day. 

10. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 
3-28-2001 and filed .5-9-2001 (Register 2001, No. 19). 

1 1. Amendment of subsection (a), repealer of former subsections (b)-(e), new sub- 
sections (b) and (c) and amendment of Note filed 2-3-2004; operafive 
2-3-2004 pursuant to Government Code section II 343.4 (Register 2004, No. 
6). 

12. Amendment of subsections (bHc) filed 8-22-2005; operative 9-21-2005 
(Register 2005, No. 34). 

13. Amendment filed 1 1-8-2006; operative 12-8-2006 (Register 2006. No. 45). 



§ 853.5. Use of Variations, Accommodations, and 
Modifications. 

(a) School districts may provide all pupils the following variations: 

( 1 ) have test directions simplified or clarified. 

(2) write in test booklets for grades 2 to 1 1, on the standard.s-based 
achievement test inclusive, e.g., underlining, working math problems. 
Any marks other than those in response circles for grades 2 and .3 must 
be erased to ensure that the tests can be scored. 

(3) have as much time as needed within a single sitting to complete a 
test or test part on the standards-based achievetneni tests. 

(b) School districts may provide all pupils the following testing varia- 
tions if regularly used in the classrooin: 

(1) special or adaptive furniture. 

(2) special lighting, special acoustics, or visual magnifying or audio 
amplification equipment. 

(3) an individual carrel or study enclosure. 

(4) test individually in a separate room provided that an employee of 
the school, school district, or nonpublic school, who has signed the 
STAR Test Security Affidavit, directly supervises the pupil. 

(5) colored overlay, mask, or other means to maintain visual attention 
to the test or test questions. 

(6) Manually Coded English or American Sign Language to present 
directions for administration. 

(c) Eligible pupils with disabilities who have lEPs and pupils with Sec- 
tion 504 plans shall be permitted the following presentation, response or 
setting accommodations if specified in the lEP or Section 504 plan: 

(1) large print versions. 

(2) test items enlarged if font larger than that used on large print ver- 
sions is required. 

(3) Braille transcriptions provided by the test contractor. 

(4) audio or oral presentation of the mathematics, science, or history- 
social science tests. 

(5) Manually Coded English or American Sign Language to present 
test questions on the mathematics, science, or history-social science 
tests. 

(6) for grades 4 to 1 1 responses marked in test booklet and transferred 
to the answer document by a school, school district, or nonpublic .school 
employee who has signed the STAR Test Security Affidavit. 

(7) responses dictated orally, in Manually Coded English or American 
Sign Language to a scribe for selected-response items (e.g.. multiple- 
choice test questions). 

(8) responses dictated to a scribe, audio recorder, or speech to text con- 
verter on the writing portion of the English-language arts tests, and the 
pupil indicates all spelling and language conventions. 

(9) use of word processing software with spell and grammar check 
tools turned off on the writing portion of the English-language arts tests. 

(10) use of an assistive device that does not interfere with the indepen- 
dent work of the student on the multiple-choice or writing portion of the 
test. 

(11) supervised breaks within a section of the test. 

(12) administration of the test at the most beneficial time of day to the 
pupil. 

( 1 3) administration of any test or test part to be given in a single sitting 
over more than one day except for the writing portion of the English-lan- 
guage arts tests. 

(14) test administered by a test examiner to a pupil at home or in the 
hospital. 

(15) extra time within the testing day on the designated achievement 
test. 

(d) Eligible pupils with disabilities shall be permitted the following 
modifications if specified in the eligible pupiTs lEP or Section 504 Plan: 

(1) calculators, arithmetic tables, or mathematics manipulatives on the 
mathematics or science tests. 

(2) audio or oral presentation of the English-language arts tests. 

(3) Manually Coded English or American Sign Language to present 
test questions on the English-language arts tests. 



Page 19 



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§854 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



(4) spellcheckers, grammar checkers, or word processing software 
programs that check or correct spelling and/or grammar on the writing 
portion of the English-language arts tests. 

(5) mechanical or electronic devices or other assistive devices that are 
not used solely to record the pupil's responses, including but not limited 
to transcribers, scribes, voice recognition or voice to text software, and 
that identify a potential error in the pupil's response or that correct spell- 
ing, grammar or conventions on the writing portion of the English-lan- 
guage arts tests. 

(6) responses dictated orally, in Manually Coded English or American 
Sign Language to provide an essay response to a scribe and the scribe 
provides spelling, grammar, and language conventions. 

(7) dictionary. 

(e) If the school district, pupil's lEP team or Section 504 plan proposes 
a variation for use on the designated achievement test, the standards- 
based achievement tests, or the designated primary language test, that has 
not been listed in this section, the school district may submit, to the De- 
partment, for review of the proposed variation in administering the desig- 
nated achievement test standards-based achievement tests or designated 
primary language test. 

(f) School districts shall provide identified English learner pupils the 
following testing variations if regularly used in the classroom or for as- 
sessment: 

(1) Flexible setting. Tested in a separate room with other English 
learners provided that an employee of the school, school district, or non- 
public school, who has signed the Test Security Affidavit, directly super- 
vises the pupil. 

(2) Rexible schedule. Additional supervised breaks following each 
section within a test part provided that the test section is completed within 
a testing day. A test section is identified by a "STOP" at the end of it. 

(3) Translated directions. Hear the test directions printed in the test ad- 
ministration manual translated into their primary language. English 
learners shall have the opportunity to ask clarifying questions about any 
test directions presented orally in their primary language. 

(4) Glossaries. Access to translation glossaries/word lists for the stan- 
dards-based achievement tests in mathematics, science, and history-so- 
cial science (English to primary language). The translation glossaries/ 
word lists are to include only the English word or phrase with the 
corresponding primary language word or phrase. The glossaries/word 
lists shall include no definitions or formulas. 

NOTE: Authority cited: Sections 12001, 33031 and 60605, Education Code. Ref- 
erence: Section 60640, Education Code; and 20 USC Section 631 1. 

History 

1. New section filed 2-3-2004; operative 2-3-2004 pursuant to Government 
Code section 1 1343.4 (Register 2004, No. 6). 

2. Amendment of section heading and section filed 8-22-2005; operative 
9-21-2005 (Register 2005, No. 34). 

3. Amendment filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 



§ 854. Advance Preparation for the Tests. 

(a) Except for materials specifically provided by the Department or its 
agents, no program or materials shall be used by any school district or 
employee of a school district that are specifically formulated or intended 
to prepare pupils for the designated achievement tests, standards-based 
achievement tests, or the designated primary language test. No adminis- 
tration or use of an alternate or parallel form of the designated achieve- 
ment test or the designated primary language test shall be used as practice 
for any pupils in grades 2 to 11. inclusive. 

(b) Practice tests provided by the contractor as part of the standards- 
based achievement tests and the designated primary language test for the 
limited purpose of familiarizing pupils with the use of scannable test 
booklets or answer sheets and the format of test items are not subject to 
the prohibition of subdivision (a). 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Sections 6061 1 and 60640, Education Code. 



History 

1. New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1 -2-98 (Register 98, No. 1 ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including amendment of subsec- 
tion (b), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42). 

4. Amendment filed 10-26-98 as an emergency; operative 10-26-98 (Register 
98, No. 44). A Certificate of Compliance must be transmitted to OAL by 
2-23-99 or emergency language will be repealed by operation of law on the fol- 
lowing day. 

5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99, No. 15). 

6. Amendment of subsection (a) filed 12-16-99 as an emergency; operative 
12-16-99 (Register 99, No. 51). A Certificate of Compliance must be trans- 
mitted to OAL by 4- ! 4-2000 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Certificate of Compliance as to 1 2-1 6-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

8. Amendment of section heading, section and Note filed 8-22-2005; operative 
9-21-2005 (Register 2005, No. 34). 

9. Amendment filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 855. Testing Period. 

(a)(1) The designated achievement test and the standards-based 
achievement tests, except for the STAR writing assessment as specified 
in subdivision (c), shall be administered to each pupil during a testing 
window of 21 instructional days that includes 10 instructional days be- 
fore and after completion of 85% of the school's, track's, or program's 
instructional days. Testing for all pupils, including makeup testing, is to 
be completed within this 21 instructional day window. 

(2) Each school district shall provide for at least two makeup days of 
testing for pupils who were absent during the period in which any school 
administered the designated achievement test and the standards-based 
achievement tests. All makeup testing shall occur within five instruction- 
al days of the last date that the school district administered the tests but 
not later than the end of the 2 1 instructional day period established in sub- 
division (a)(1). 

(b)(1) Any designated primary language test or tests, as applicable, 
shall be administered between March 15 and May 14, inclusive, of each 
school year. 

(2) Each school district shall provide for at least two makeup days of 
testing for pupils who were absent during the period that any school ad- 
ministered any designated primary language test or tests. All makeup 
testing shall occur within ten instructional days of the last date that the 
school district administered any designated primary language test or 
tests, but not later than May 25th of each school year, whichever is earli- 
er. 

(3) A school district with schools operating on a multitrack year round 
schedule may submit a request to the contractor to begin testing no earlier 
than the fourth Monday in February. 

(c) The STAR writing assessment shall be administered to each eligi- 
ble pupil only on the day(s) specified annually by the State Superinten- 
dent of Public Instruction. An eligible pupil for purposes of the writing 
assessment is a pupil taking the standards-based achievement tests for 
a grade at which the writing test will be administered. 
NOTE; Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Sections 60640 and 60642.5, Education Code. 

History 

1 . New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operafive 1-2-98 (Register98, No. 1 ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including amendment of subsec- 
tion (c), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42). 



• 



• 



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S858 



• 



4. Amendment of subsection (c) filed 12-16-99 as an emergency: operative 
12-16-99 (Regisler 99, No. 5\). A Certificate of Compliance must be trans- 
milted to OAL by 4- 1 4-2000 or emergency language will be repealed by opera- 
tion of law on the following day. 

5. Certiticate of Compliance as to 1 2-16-99 order transmitted to OAL 4- 1 4-2000 
and liled 5-26-2000 (Register 2000, No. 21). 

6. Amendment filed 1 1-27-2000 as an emergency; operative 1-1-2001 (Register 
2(J00, No. 48). A Certificate of Compliance must be transmitted to OAL by 
3-1-2001 or emergency language will be repealed by operation of law on the 
following day. 

7. Certificate of Compliance as to 1 1-27-2000 order, including further amend- 
ment of subsection (a) and Noxr,. transmitted to OAL 3-28-2001 and filed 
.5-9-2001 (Register 2001. No. 19). 

8. Amendment of section and N(m: filed 8-22-2005; operative 9-21-2005 (Res- 
ister 2005. No. M). 

9. Amendment filed 1 1-8-2006: operative I2-8--2006 (Register 2006. No. 45). 

§ 856. Sales and Use Tax. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Secfion 60640, Educafion Code: and Sections 6051 et seq. and 6201 
et seq.. Revenue and Tax Code.. 

History 

1. New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98. 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operafion of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and 
filed 10-14-98 (Register 98, No. 42). 

4. Amendment filed 10-26-98 as an emergency; operafive 10-26-98 (Register 
98, No. 44). A Certificate of Compliance must be transmitted to OAL by 
2-23-99 or emergency language will be repealed by operation of law on the fol- 
lowing day. 

5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99, No. 15). 

6. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, 
No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

7. Certificate of Compliance as to 1 2-16-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

§ 857. District STAR Coordinator. 

(a) On or before September 30 of each school year, the superintendent 
of each school district shall designate from among the employees of the 
school district a district STAR coordinator. The district STAR coordina- 
tor, or the school district superintendent or his or her designee, shall be 
available through August 15 of the following year to complete school dis- 
trict testing. The school district shall notify the contractor(s) of the identi- 
ty and contact information, including electronic mail address, if available 
in the school district, for the district STAR coordinator and for the super- 
intendent and his or her designee, if any. The district STAR coordinator 
shall serve as the school district representative and the liaison between 
the school district and the contractor(s) and the school district and the De- 
partment for all matters related to the STAR Program. A school district 
superintendent may designate a separate STAR program district coordi- 
nator for any designated primary language test. 

(b) The district STAR coordinator's responsibilities shall include, but 
not be limited to, all of the following duties: 

( 1 ) Responding to correspondence and inquiries from the contractor 
and from the Department in a timely manner and as provided in the con- 
tractor's instructions and these regulations. 

(2) Determining school district and individual school test and test ma- 
terial needs in conjunction with schools within the district and the con- 
tractor, using current enrollment data and communicating school district 
test material needs to the contractor on or before December 1. 

(3) Ensuring delivery of tests and test materials to the test sites no more 
than ten or fewer than five working days before the first day of testing 
designated by the district. 



(4) Coordinating the testing and makeup testing days for the school 
district and for those pupils of the district who are enrolled in nonpublic 
schools within any required time periods with the school test site coordi- 
nators. Overseeing the collection of all pupil data as required (o comply 
with section 86 1 . 

(5) Maintaining security over the designated achievement test, the 
standards-based achievement tests, the designated primary language 
test, and test data using the procedure set forth in section 859. The district 
STAR coordinator shall sign the security agreement set forth in section 
859 and submit it to the contractor prior to receipt of the test materials 
from the contractor. 

(6) Overseeing the administration of the designated achievement test, 
the standards-based achievement tests, and the designated primary lan- 
guage test to eligible pupils. 

(7) Overseeing the collection and return of all lest materials and tesl 
data to the contractor within any required time periods. 

(8) Assisting the contractor and the Department in the resolution of 
any discrepancies in the test information and materials, including but not 
limited to, pre-identification files and all pupil level data required to 
comply with sections 861 and 862. 

(9) Immediately notifying the Department of any security breaches or 
testing irregularities in the district before, during, or after the test admin- 
istration. 

(10) Ensuring that an answer document is submitted for scoring for 
each eligible pupil enrolled in the district on the first day of testing. 

(11) After receiving summary reports and files from the contractor, the 
district STAR coordinator shall review the files and reports for complete- 
ness and accuracy, and shall notify the contractor and the Department of 
any errors, discrepancies, or incomplete information. 

(12) Training test site coordinators to oversee the test adininistration 
at each school. 

NOTE: Authority cited: Sections 33031 and 60605. Education Code. Reference: 
Sections 52052, 60630 and 60640, Education Code; and 20 USC Section 631 1. 

History 

1. New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1 ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency: operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Editorial correction of subsection (b)(5) (Register 98, No. 42). 

4. Certificate of Compliance as to 5-5-98 order, including amendment of subsec- 
tions (a) and (c), transmitted to OAL 9-2-98 and filed"lO-14-98 (Register 98, 
No. 42). 

5. Amendment filed 10-26-98 as an emergency; operative 10-26-98 (Register 

98, No. 44). A Certificate of Compliance must be transmitted to OAL by 
2-23-99 or emergency language will be repealed by operation of law on the fol- 
lowing day. 

6. Certificate of Compliance as to 10-26-98 order, including amendment of sub- 
section (d), transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 1 5 ). 

7. Amendment filed 12-16-99 as an emergency; operafive 12-16-99 (Register 

99, No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

8. Certificate of Compliance as to 12-16-99 order, including amendment of sub- 
section (a), transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 
2000, No. 21). 

9. Amendment of subsections (a), (b)(2), (b)(5)-(6) and (c) filed 1 1-27-2000 as 
an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of 
Compliance must be transmitted to OAL by 5-1-2001 or emergency language 
will be repealed by operation of law on the following day. 

10. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 
3-28-2001 and filed 5-9-2001 (Register 2001, No. 19). 

11. Amendment of section heading, section and Note filed 8-22-2005; operative 
9-21-2005 (Register 2005, No. 34). 

12. Amendment of subsections (a), (b)(3) and (b)(5)-(6) filed 1 1-8-2006; opera- 
tive 12-8-2006 (Register 2006, No. 45). 

§ 858. STAR Test Site Coordinator. 

(a) At each test site, including but not limited to, each elementary, 
middle, and high school or other grade-span designated school, each 



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charter school, each court-school, each school or program operated by 
a school district, and all other public programs serving pupils in any of 
the grades 2 to 1 1 . inclusive, the superintendent of the school district or 
the district STAR coordinator shall designate a STAR test site coordina- 
tor from among the employees of the school district. The STAR test site 
coordinator, or the site principal or his or her designee, shall be available 
to the district STAR coordinator, and the district coordinator for the des- 
ignated primary language test by telephone through August 15 for pur- 
poses of resolving discrepancies or inconsistencies in materials or errors 
in reports. 

(b) The STAR test site coordinator's responsibilities shall include, but 
are not limited to, all of the following duties: 

( 1 ) Determining site test and test material needs and communicating 
the site needs to the district STAR coordinator. 

(2) Overseeing the acquisition and distribution of tests and test materi- 
als at the test site, including but not hmited to, distributing test materials 
to test examiners on each day of testing in accordance with the contrac- 
tor's directions. 

(3) Cooperating with the district STAR coordinator to provide the test- 
ing and makeup testing days for the site within any required time periods. 

(4) Maintaining security over the designated achievement test, the 
standards-based achievement tests, and the designated primary language 
test and test data. The STAR test site coordinator shall sign the security 
agreement set forth in section 859 and submit it to the district STAR coor- 
dinator prior to the receipt of the test materials. 

(5) Arranging for and overseeing the administration of the designated 
achievement test, the standards-based achievement tests, and the desig- 
nated primary language test to eligible pupils at the test site. 

(6) Overseeing the collection and return of all testing materials to the 
district STAR coordinator. 

(7) Assisting the district STAR coordinator, the contractor, and the 
Department in the resolution of any discrepancies in the test information 
and materials. 

(8) Overseeing the collection of all pupil level and other data required 
to comply with sections 861 and 862. 

(9) Ensuring that an answer document is submitted for scoring for each 
eligible pupil enrolled in the school on the first day of testing for the des- 
ignated achievement test or the standards-based achievement tests. 

( 1 0) Ensuring that for each pupil tested only one scannable answer 
document is submitted for scoring, except that for each pupil tested at 
grades for which the contractor has designated the use of more than one 
answer document. An answer document for the STAR writing assess- 
ment administered pursuant to section 855(c) shall be submitted in addi- 
tion to the answer document for the multiple choice items. 

(11) Immediately notifying the district STAR coordinator of any secu- 
rity breaches or testing irregularities that occur in the administration of 
the designated achievement test, the standards-based achievement tests, 
or the designated primary language test, that violate the terms of the 
STAR Security Affidavit in section 859. 

(12) Training all test examiners, proctors, and scribes for administer- 
ing the tests. 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Sections 60630 and 60640, Education Code; and 20 USC Section 6311 . 

History 

1. New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1 ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operadon of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and 
filed 10-14-98 (Register 98, No. 42). 

4. Amendment of subsections (b)(4)-(5) filed 10-26-98 as an emergency; opera- 
tive 1 0-26-98 (Register98, No. 44). A Certificate of Compliance must be trans- 
mitted to OAL by 2-23-99 or emergency language will be repealed by opera- 
tion of law on the following day. 



5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99, No. 15). 

6. Amendment of subsections (a), (b)( 1 ) and (b)(7) filed 12-16-99 as an emergen- 
cy ; operative 1 2-1 6-99 (Register 99, No. 5 1 ). A Certificate of Compliance must 
be transmitted to OAL by 4-14-2000 or emergency language will be repealed 
by operation of law on the following day. 

7. Certificate of Compliance as to 12-16-99 order, including amendment of sub- 
section (a), transmitted to OAL 4-14-2000 and filed 5-26-2000 (Register 
2000, No, 21). 

8. Amendment of subsecfions (a), (b) and (b)(4)-(5). new subsection (b)(9) and 
amendment of subsection (c) filed 11-27-2000 as an emergency; operative 
1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be trans- 
mitted to OAL by 5-1-2001 or emergency language will be repealed by opera- 
tion of law on the following day. 

9. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 
3-28-2001 and filed 5-9-2001 (Register 2001, No. 19). 

10. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 
(Register 2005. No. 34). 

11. Amendment of subsections (a), (b)(4), (b)(5), (b)(9) and (b)(ll) filed 
1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 859. STAR Test Security Agreement and Test Security 
Affidavit. 

(a) All STAR district and test site coordinators (coordinators) shall 
sign the STAR Test Security Agreement set forth in subdivision (b) be- 
fore receiving any designated achievement test, standards-based 
achievement tests, or designated primary language tests or test materials. 

(b) The STAR Test Security Agreement shall be as follows: 

STAR TEST SECURITY AGREEMENT 

I acknowledge by my signature on this form that the designated 
achievement test, the standards-based achievement tests, and the desig- 
nated primary language test are secure tests and agree to each of the fol- 
lowing conditions to ensure test security: 

(1)1 will take all necessary precautions to safeguard all tests and test 
materials by limiting access to persons within the school district with a 
responsible, professional interest in the tests' security. 

(2) I will keep on file the names of all persons having access to tests 
and test materials. All persons having access to the materials shall be re- 
quired by the coordinator to sign the STAR Test Security Affidavit that 
will be kept on file in the school district office. 

(3) I will keep the designated achievement test, the standards-based 
achievement tests, and the designated primary language test and test ma- 
terials in a secure, locked location and will deliver tests and test materials 
only to those persons who have executed STAR Test Security Affidavits, 
on actual testing dates as provided in secdon 859(d). 

(4) I will keep the alternate assessment materials in a secure locked 
location when not being used by examiners to prepare for and to adminis- 
ter the assessment. I will adhere to the contractor's directions for the dis- 
tribution of the assessment materials to examiners. 

(5) I will not copy any part of the tests or test materials without written 
permission from the Department to do so. 

(6) I will not disclose, or allow to be disclosed, the contents of. or the 
test instrument. I will not review any test questions, passages, or other test 
items with any other person before, during, or after the test administra- 
tion. 

(7) I will not review test questions, develop any scoring keys or review 
or score any pupil responses except as required by the contractor's manu- 
als. 

By signing my name to this document, I am assuring that I will abide 
by the above conditions. 

By: 

Title: 

School District: 

Date: 



(c) All test examiners, proctors, scribes, and any other persons having 
access to the designated achievement test and test materials, the stan- 
dards-based achievement tests and test materials, and the designated pri- 
mary language test and test materials shall acknowledge the limited pur- 
pose of their access to the tests by signing the STAR Test Security 
Affidavit set forth in subdivision (d). 



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§861 



(d) The STAR Test Security AtTidavit shall be as follows: 
STAR TEST SECURITY AFFIDAVIT 

1 acknowledge that I will have access to the designated achievement 
test, the standards-based achievement tests, and/or the designated prima- 
ry language test tor the purpose of administering the test(s). I understand 
that these materials are highly secure, and it is my professional responsi- 
bility to protect their security as follows: 

(1)1 will not divulge the contents of the tests to any other person 
through verbal, written, or any other means of communication. 

(2) I will not copy any part of the test(s) or test materials. 

(3) I will keep the test(s) secure until the test(s) are actually distributed 
to pupils. 

(4) I will limit access to the test(s) and test materials by test examinees 
to the actual testing periods when they are taking the test(s). 

(5) I will collect and account for all materials following each period 
of testing and will not permit pupils to remove test materials from the 
room where testing takes place. 

(6) 1 will not review any test questions, passages, or other test items 
with pupils or any other person before, during, or following testing. 

(7) 1 will not develop scoring keys or review or score any pupil re- 
sponses except as required by the contractor's administration manual(s) 
to prepare answer documents for machine or other scoring. 

(8) I will return all test materials, except for alternate assessment mate- 
rials, to the designated STAR lest site coordinator daily upon completion 
of testing. 

(9) I will keep all alternate assessment materials in secure locked stor- 
age except when I am administering or observing the administration of 
the assessment to pupils. 

(10) I will administer the test(s) in accordance with the directions for 
test administration set forth in the contractor's manual for test adminis- 
tration. 

(11)1 have been trained to administer the tests. 

Signed: 

Print Name: 

Position: 

School: 



School District: 
Date: 



(e) To maintain the security of the program, all district STAR coordi- 
nators and test site coordinators are responsible for inventory control and 
shall use appropriate inventory control forms to monitor and track test in- 
ventory. 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Section 60640. Education Code. 

History 

1. New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1 ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including amendment of subsec- 
tions (c) and (d). transmitted to OAL 9-2-98 and fiied"l0-14-98 (Register 98, 

No. 42). 

4. Amendment of subsections (b) and (c)-(e) filed 1 0-26-98 as an emergency; op- 
erative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be 
transmitted to OAL by 2-23-99 or emergency language will be repealed by op- 
eration of law on the following day. 

5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99, No. 15). 

6. Amendment filed 1 1-27-2000 as an emergency; operative 1-1-2001 (Register 
2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 
5-1-2001 or emergency language will be repealed by operation of law on the 
following day. 

7. Certificate of Compliance as to 1 1-27-2000 order transmitted to OAL 
3-28-2001 and filed 5-9-2001 (Register 2001, No. 19). 



8. New subsections (b)(4) and (b)(5) and amendment of NoTl. filed 2-3-2004; op- 
erative 2-.3-2004 pursuant to Government Code section M.343.4 (Register 
2004, No. 6). 

9. Amendment filed 8-22-2005; operative 9-21-2005 (Register 2005. No. M). 

10. Amendment filed li-8-2006; operative 12-8-2006 (Register 2006. No. 45). 

§ 860. Standard Agreement Between School Districts and 
Publisher. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h), Rdiicalion Code. 
Reference: Sections 60640 and 60643, Education Code. 

Hkstory 

1. New section adopted by the Department of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98. No. 1 ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98. 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to .5-5-98 order, including amendment of NoTi:, 
transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98. No. 42). 

4. Amendment filed 10-26-98 as an emergency; operative 10-26-98 (Regi.ster 
98, No. 44). A Certificate of Compliance must be transmitted to OAL by 
2-23-99 or emergency language will be repealed by operation of law on the fol- 
lowing day. 

5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99, No. 15). 

6. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, 
No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

7. Certificate of Compliance as to 1 2- 1 6-99 order transmitted to OAL 4- 1 4-2(K)0 
and filed 5-26-2000 (Register 2000, No. 21 ). 

§ 861. School-By-School Analysis. 

(a) Each school district shall provide the contractor for the designated 
achievement test and standards-based achievement tests, the following 
information for each pupil enrolled on the first day the tests are adminis- 
tered for purposes of the reporting required by the Academic Perfor- 
mance Index of the Public Schools Accountability Act (chapter 6. 1 , com- 
mencing with section 52050), section 60630, and chapter 5 
(commencing with section 60640) of the Education Code: 

(1) Pupil's full name. 

(2) Date of birth. 

(3) Grade level. 

(4) Gender. 

(5) English proficiency and primary language. 

(6) Date of English proficiency reclassification. 

(7) If R-FEP pupil scored proficient or above on the California Eng- 
lish-Language Arts Standards Test three times since reclassification. 

(8) Program participation. 

(9) Use of accommodations or modificadons. 

(10) Statewide Student Identifier. 

(11) Parent educafion level. 

(12) School and district California Basic Educational Data System 
(CBEDS) enrollment. 

(13) Grade last enrolled in school where being tested. 

(14) For English learners, date first enrolled in school in the United 
States and the length of time in U.S. schools. 

(15) Participafion in the National School Lunch Program. 

(16) Ethnicity. 

(17) Primary disability code. 

(18) County and District of residence for pupils with lEPs. 

(19) Special testing conditions and/or reasons for not being tested. 

(20) Student enrolled in NPS by district based on lEP. 

(21) NPS school code. 

(b) In addition to the demographic data required to be reported in sec- 
tion 861(a), school districts may report if an eligible pupil is not tested 
with the standards-based achievement tests due to a significant medical 
emergency. 

(c) Each school district shall provide the contractor for the designated 
primary language test the information specified in subdivision (a) for 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



each pupil assessed with the designated primary language test pursuant 
to Education Code section 60640. 

(d) The information is for the purposes of aggregate analyses only and 
shall be provided and collected as part of the testing materials for the des- 
ignated achievement test, and the standards-based achievement tests. 

(e) School districts shall provide the same information for each eligi- 
ble pupil enrolled in an alternative or off campus program or for pupils 
placed in nonpublic schools as is provided for all other eligible pupils in 
grades 2 to 11, inclusive. 

(0 If the information required by section 861 (a) is incorrect, the school 
district may enter into a separate agreement with the contractor to have 
the district's student data file corrected. The district STAR coordinator 
shall provide the correct information to the contractor within the contrac- 
tor's timeline. Any costs for correcting the student data shall be the dis- 
trict's responsibility. 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Section 60630, Education Code. 

History 

1. New section adopted by the Department of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1 ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including amendment of subsec- 
tion (a), repealer of subsections (a)(10) and (a)(ll), and amendment of Noth, 
transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42). 

4. Amendment of subsecfions (a) and (a)(8) and new subsection (a)(10) filed 
12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). ACer- 
ti ficate of Compliance must be transmitted to OAL by 4- 1 4-2000 or emergency 
language will be repealed by operafion of law on the following day. 

5. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-1 4-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

6. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 (Reg- 
ister 2005, No. 34). 

7. Amendment filed 1 1-8-2006; operafive 12-8-2006 (Register 2006, No. 45). 

§ 862. Apportionment Information Report. 

(a) Annually, each school district shall receive an apportionment in- 
formation report with the following information for the designated 
achievement test and the standards-based achievement tests by grade 
level for each of grades 2 to 11, inclusive: 

( 1 ) The number of pupils enrolled in each school and in the school dis- 
trict on the first day of testing as indicated by the number of answer docu- 
ments submitted to the test contractor for scoring. 

(2) The number of pupils in each school and in the school district tested 
with the alternate assessment. 

(3) The number of pupils in each school and in the school district ex- 
empted from testing at the request of their parents or guardians pursuant 
to Education Code section 60615. 

(4) The number of pupils who were administered any portion of the 
designated achievement test and standards-based achievement tests. 

(5) The number of pupils with demographic information only who 
were not tested for any reason other than a parent/guardian exemption. 

(b) Annually, each school district shall receive an apportionment in- 
formation report for the designated primary language test with the fol- 
lowing information by grade level for each of grades 2 to 11, inclusive: 

(1) The number of English language learners who were administered 
each designated primary language test pursuant to Education Code sec- 
tion 60640(f). 

(2) The number of English language learners who were administered 
each designated primary language test pursuant to Education Code sec- 
tion 60640(g). 

(c) To be eligible for apportionment payment for the designated 
achievement test, the standards-based achievement tests and/or the des- 
ignated primary language test, school districts must meet the following 
conditions: 

(1) The school district has returned all secure test materials, and 



(2) the superintendent of each school district has certified the accuracy 
of the apportionment information report for examinations administered 
during the calendar year (January 1 through December 31), which is ei- 
ther; 

(A) postmarked by December 31, or 

(B) if postmarked after December 31 , the apportionment information 
report must be accompanied by a waiver request as provided by Educa- 
tion Code section 33050. For those apportionment information reports 
postmarked after December 31, apportionment payment is confingent 
upon the availability of an appropriation for this purpose in the fiscal year 
in which the testing window began. 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Sections 60615 and 60640, Education Code. 

History 

1. New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1 ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including amendment of subsec- 
tion (a), repealer of subsection (a)(5), subsection renumbering, and amendment 
of subsections (b)(2) and (c), transmitted to OAL 9-2-98 and filed 10-14-98 
(Register 98, No. 42). 

4. Repealer of subsections (c)-(d) filed 10-26-98 as an emergency; operative 
10-26-98 (Register 98, No. 44). A Certificate of Compliance must be trans- 
mitted to OAL by 2-23-99 or emergency language will be repealed by opera- 
tion of law on the following day. 

5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99, No. 15). 

6. Amendment of subsections (a) and (b)(2) filed 12-16-99 as an emergency; op- 
erative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be 
transmitted to OAL by 4-14-2000 or emergency language will be repealed by 
operation of law on the following day. 

7. Certificate of Compliance as to 1 2-1 6-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

8. Amendment of subsections (a)-(a)(3) and repealer of subsecfion (a)(5) filed 
1 1-27-2000 as an emergency; operative 1-1-2001 (Register 2000, No. 48). A 
Certificate of Compliance must be transmitted to OAL by 5-1-2001 or emer- 
gency language will be repealed by operafion of law on the following day. 

9. Certificate of Compliance as to 1 1-27-2000 order transmitted to OAL 
3-28-2001 and filed 5-9-2001 (Register 2001, No. 19). 

10. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 
(Register 2005, No. 34). 

11. Amendment filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 863. STAR Student Reports and Cumulative Record 
Labels. 

(a) The school district shall forward the STAR Student Report for the 
designated achievement test and standards-based achievement tests and 
the designated primary language test provided by the contractor(s) to 
each pupil's test to the pupil's parent or guardian, within no more than 
20 working days from receipt of the report from the contractor. 

(b) If the school district receives the reports for the designated achieve- 
ment test and standards-based tests, or the designated primary language 
test from the contractor after the last day of instruction for the school 
year, the school district shall send the pupil results to the parent or guard- 
ian by U.S. mail at the parent's or guardian's last known address. If the 
report is non-deliverable, the school district shall make the report avail- 
able to the parent or guardian during the next school year. 

(c) Schools are responsible for affixing cumulative record labels re- 
porting each pupil's scores to the pupil's permanent school records or for 
entering the scores into electronic pupil records, and for forwarding the 
results to schools to which pupils matriculate or transfer. Schools may 
annotate the scores when the scores may not accurately reflect pupils' 
achievement due to illness or testing irregularities. 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 

Sections 49068, 60641 and 60607, Education Code. 

History 

1. New section adopted by the Department of Educafion and filed 1-2-98 as an 
emergency; operafive 1-2-98 (Register 98, No. 1). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 



Page 24 



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Title 5 



California Department of Education 



§866 



2. New section retlled 5-5-98 as an emergency; operative 5-5-98 (Register 98. 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate ot Compliance as to 5-5-98 order, includins amendment of Noth. 
transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42). 

4. Amendment of subsection (b) filed 10-26-98 as an emergency; operative 
10-26-98 (Register 98. No. 44). A Certificate of Compliance must be trans- 
mitted to OAL by 2-23-99 or emergency language will be repealed by opera- 
tion of law on the following day. 

5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99. No. 15). 

6. Amendment of section headine, section and Note filed 8-22-2005; operative 
9-21-2005 (Register 2005. No. 34). 

7. Amendment of subsections (a) and (b) filed 1 1-8-2006; operative 12-8-2006 
(Register 2006, No. 45). 

§ 864. Reporting Test Scores. 

No aggregate or group scores or reports that are compiled pursuant to 
Education Code section 60641 or 60643 shall be reported electronically, 
in hard copy, or in other media, to any audience other than the school or 
.school district where the pupils were tested, if the aggregate or group 
scores or reports are composed of ten or fewer individual pupil scores. 
In each instance in which no score is reported for this reason, the notation 
shall appear "Tlie number of pupils in this category is too small for statis- 
tical accuracy or privacy protection." In no case shall any group score be 
reported that would deliberately or inadvertently make public the score 
or performance of any individual pupil. 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Sections 60640 and 60643, Education Code. 

History 

1. New section adopted by the Department of Education and filed 1-2-98 as an 
emergency; operative 1 -2-98 (Register 98, No. 1 ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including amendment of Note, 
transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42). 

4. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 (Reg- 
ister 2005, No. 34). 

5. Amendment filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 864.5. Test Order Information. 

(a) The school district shall provide to the contractor(s), for the desig- 
nated achievement test and the standards-based achievement tests no lat- 
er than December 1 of the year immediately prior to the year of test ad- 
ministration, the following data for each test site of the school district, by 
grade level: 

(1) Valid county district school (CDS) codes. 

(2) Number of tests. 

(3) Numbers of special version tests including, but not limited to, 
Braille and large print. 

(4) Number of Directions for Administration needed, by grade level. 

(5) Number of pupils to be tested with the alternate assessment. 

(6) Number of test examiners for the alternate assessment. 

(7) The first and last date of instruction and all non-instructional days 
during the school year for each school in the district and all non-working 
days for the school district. 

(b) the school district shall provide to the contractor for the designated 
primary language test, the following data: 

(1) Whether or not the district has eligible pupils for the tests. 

(2) For all tests sites in the district with eligible pupils, by grade level, 
the information in subdivision (a)(1), (2), (3), and (4). 

(c) Each school district that elects pre-identification of answer docu- 
ments shall submit an electronic file that includes all of the information 
required in section 861. The file must be submitted in accordance with 
the timeline, format, and instructions provided by the contractor(s). 

(d) If the testing materials are lost or destroyed while in the possession 
of the school district, and the contractor provides the school district with 



replacement materials, the school district is responsible for the cost of all 
replacement inaterials. 

(e) If the school district places an order for tests for any .school thai is 
excessive, the school district is responsible for the cost of materials for 
the difference between the sum of the nuinber of pupil tests submitted for 
scoring including tests for non-tested pupils and 90 percent of the materi- 
als ordered. In no event shall the cost to the school district for replace- 
ment or excessive materials exceed the amount per test booklel and ac- 
companying material that is paid to the contractor by the Department as 
part of the contract for the current year. 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Sections 60640 and 60643, Education Code. 

History 

1 . New section filed 1 0-26-98 as an emergency; operative 1 0-26-98 (Register 98. 
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-2.3-99 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to li3-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99. No. 1 5). 

3. Amendment filed 12-16-99 as an emergency; operative 12-16-99 (Register 
99, No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 1 2-1 6-99 order transmitted to OAL 4- 1 4-2000 
and filed 5-26-2000 (Register 2000, No. 21 ). 

5. Amendment of subsections (a), (a)(7) and (d) filed 1 1-27-2000 as an emergen- 
cy; operative 1-1-2001 (Register 2000. No. 48). A Certificate of Compliance 
must be transmitted to OAL by 5-1-2001 or emergency language will be re- 
pealed by operanon of law on the following day. 

6. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 
3-28-2001 and filed 5-9-2001 (Register 2001. No. 19). 

7. Amendment of section and Note filed 8-22-2005; operative 9-2 1-2005 (Reg- 
ister 2005, No. 34). 

8. Amendment filed 1 1-8-2006; operafive 12-8-2006 (Register 2006. No. 45). 

§ 865. Transportation. 

(a) Upon arrival of the test materials at a single location designated by 
each school district, the district STAR coordinator shall provide the con- 
tractor with a signed receipt certifying that all cartons were received. 

(b) The security of the test materials that have been duly delivered to 
the school district is the sole responsibility of the school district until all 
test materials have been inventoried, accounted for, and delivered to the 
common or private carrier designated by the contractor for return to the 
contractor. 

(c) Secure transportation within a school district is the responsibility 
of the school district once materials have been duly delivered to the 
school district. The school district is responsible for secure delivery of 
test materials to non-public schools. 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Section 60640, Education Code. 

History 

1. New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1 ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and 
filed 10-14-98 (Register 98, No. 42). 

4. Amendment of subsection (a) filed 12-16-99 as an emergency; operative 
12-16-99 (Register 99, No. 51). A Certificate of Compliance must be trans- 
mitted to OAL by 4-1 4-2000 or emergency language will be repealed by opera- 
tion of law on the following day. 

5. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4- 1 4-2000 
and filed 5-26-2000 (Register 2O0O. No. 21 ). 

6. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 (Reg- 
ister 2005, No. 34). 

7. Amendment of subsections (a) and (c) filed 1 1-8-2006; operative 12-8-2006 
(Register 2006, No. 45). 

§ 866. School District Delivery. 

(a) No school district shall receive its designated achievement test, 
standards-based achievement test, or designated primary language test 



Page 25 



Register 2006, No. 45; 1 1 - 10-2006 



§867 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



materials more than twenty or fewer than ten working days prior to the 
first day of testing in the school district. A school district that has not re- 
ceived test materials from the test contractor at least ten working days be- 
fore the first date of testing in the school district shall notify the contractor 
and the Department on the tenth working day before testing is scheduled 
to begin that the school district has not received its materials. Deliveries 
of test materials to single school districts shall use the schedule in section 
867. 

(b) A school district and the contractor shall establish a periodic deliv- 
ery schedule to accommodate all test administration periods within the 
school district. Any schedule established must conform to sections 
866(a) and (b) for each test administration period. 

(c) No school district shall receive its writing test materials more than 
ten or fewer than five working days before the day on which the writing 
tests are to be administered. 

NOTE: Authority cited: Sections 33031 and 60605. Education Code. Reference: 
Sections 60640, 60642.5 and 60643. Education Code. 

History 

1. New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including amendment of subsec- 
fion (a), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42). 

4. Amendment of subsection (a), repealer of subsecUon (b) and subsection reletter- 
ing filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). 
A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emer- 
gency language will be repealed by operation of law on the following day. 

5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99, No. 15). 

6. Amendment of section and Note filed 12-16-99 as an emergency; operative 
12-16-99 (Register 99, No. 51). A Certificate of Compliance must be trans- 
mitted to OAL by 4-14-2000 or emergency language will be repealed by opera- 
fion of law on the following day. 

7. Certificate of Compliance as to 1 2-1 6-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

8. Amendment filed 1 1-27-2000 as an emergency; operafive 1-1-2001 (Register 
2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 
5-1-2001 or emergency language will be repealed by operation of law on the 
following day. 

9. Certificate of Compliance as to 1 1-27-2000 order, including further amend- 
ment of subsection (b), transmitted to OAL 3-28-2001 and filed 5-9-2001 
(Register 2001, No. 19). 

10. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 
(Register 2005, No. 34). 

12. Amendment filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 867. Test Site Delivery and Return. 

(a) No school or other test site shall receive any designated achieve- 
ment test, standards-based tests, or designated primary language test or 
related test materials more than ten or fewer than five working days prior 
to the first day of testing scheduled at the school or test site. 

(b) All testing materials shall be relumed to the school district location 
designated by the district STAR coordinator no more than two working 
days after testing is completed for each test administration period. 

(c) No school or other test site shall receive any writing test materials 
more than six or fewer than two working days before the test administra- 
tion date. 

(d) Writing test materials shall be returned to the district STAR coordi- 
nator no more than one day after the day scheduled for makeup testing. 

NOTE: Authority cited: Secfions 33031 and 60605, Education Code. Reference: 
Sections 60640 and 60642.5, Education Code. 

History 

1. New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transrrvitted to OAL by 9-2-98 



or emergency language will be repealed by operation of law on the following 

day. 

3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and 
filed 10-14-98 (Register 98, No. 42). 

4. Amendment of subsections (b)-(c) filed 11-27-2000 as an emergency; opera- 
tive 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be 
transmitted to OAL by 5-1-2001 or emergency language will be repealed by 
operation of law on the following day. 

5. Certificate of Compliance as to 1 1-27-2000 order, including further amend- 
ment of subsection (c), transmitted to OAL .3-28-2001 and filed 5-9-2001 
(Register 2001, No. 19). 

6. Amendment of section heading, secfion and Note filed 8-22-2005; operative 
9-21-2005 (Register 2005, No. 34). 

7. Amendment filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 867.5. Retrieval of Materials by Contractor. 

(a) The school district shall ensure that designated achievement test, 
standards-based tests, or designated primary language testing materials 
are inventoried, packaged, and labeled in accordance with instructions 
from the contractor, and returned to a single school district location for 
pickup by the contractor within five working days following completion 
of testing in the school district and in no event later than five working 
days after each test administration period. 

(b) School districts shall return all writing tests and test materials to the 
contractor no more than two working days after the makeup day specified 
for the writing test. 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Sections 60640, 60642.5 and 60643, Educauon Code. 

History 

1 . New section filed 1 0-26-98 as an emergency; operative 10-26-98 (Register 98, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99, No. 15). 

3. Repealer of subsection (a) designator, repealer of subsection (b) and amendment 
of Note filed 12-1 6-99 as an emergency; operafive 12-16-99 (Register 99, No. 
51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or 
emergency language will be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 1 2-16-99 order transnutted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21 ). 

5. Amendment filed 1 1-27-2000 as an emergency; operafive 1-1-2001 (Register 

2000, No. 48). A Certificate of Comphance must be transmitted to OAL by 
5-1-2001 or emergency language will be repealed by operation of law on the 
following day. 

6. Certificate of Compliance as to 11-27-2000 order, including further amend- 
ment of section, transmitted to OAL 3-28-2001 and filed 5-9-2001 (Register 

2001, No. 19). 

7. Amendment of section heading, secfion and Note filed 8-22-2005; operative 
9-21-2005 (Register 2005, No. 34). 

8. Amendment filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 868. Discrepancy Resolution for Designated 

Achievement Test, Standards-Based 
Achievement Tests, and Designated Primary 
Language Test. 

(a) School districts shall process discrepancies determined by the con- 
tractor(s) upon receipt of returned tests and test materials pursuant to this 
subdivision: 

(1) Receipt of a discrepancy notice in writing, via telephone, or via 
electronic mail by the district STAR coordinator for one or more of the 
following shall require a response from the district STAR coordinator to 
the contractor within 24 hours. 

(A) A discrepancy between the quantity of tests and test materials 
shipped to the school district and the number of tests and test materials 
returned to the contractor from the school district. 

(B) Information on scannable documents or test support materials that 
is inconsistent, incomplete, or missing, according to criteria established 
with the Department. 

(2) The district STAR coordinator shall acknowledge the discrepancy 
notice via electronic mail, if available in the school district, to the con- 
tractor and to the Department within 24 hours of its receipt via electronic 
mail. 



Page 26 



Register 2006, No. 45; 11-10-2006 



Title 5 



California Department of Education 



§870 



(b) The districl STAR coordinator shall report any discrepancy in the 
total amount of the shipment from the contractor within two working 
days of the receipt of the shipment. If the contractor does not remedy the 
discrepancy within two working days of the school district report, the 
school district shall notify the Department within 24 hours. 

ic) Any discrepancy in a shipment of designated achievement tests or 
test materials, standards-based achievement tests or test materials, or 
designated primary language test or test materials received by a test site 
from the district STAR coordinator shall be reported to the district STAR 
coordinator immediately but no later than two working days of the receipt 
of the shipment at the testing site. The district STAR coordinator shall 
remedy the discrepancy within two working days. 

(d) The district STAR coordinator shall report to the contractor any 
discrepancy reported by a STAR test site coordinator within three work- 
ing days of receipt of materials at the lest site. If the district STAR coordi- 
nator does not have a sufficient supply of tests or test materials to remedy 
any shortage, the contractor shall remedy the shortage by providing suffi- 
cient materials directly to the test site within two working days of the no- 
tification by the district STAR coordinator. 

(e) The notices required by this section shall be made by telephone 
with simultaneous confirmation in writing and by electronic mail. 
NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Sections 60640 and 60643. Education Code. 

History 

1 . New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance 
must be transinitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including amendment of subsec- 
tions (c) and (d). transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, 

No. 42). 

4. Amendment of section and NoTEl filed 12-16-99 as an emergency; operative 
12-16-99 (Register 99, No. 51). A Certificate of Compliance must be trans- 
mitted to OAL by 4- 1 4-2000 oremergency language will be repealed by opera- 
tion of law on the following day. 

5. Certificate of Compliance as to 12-1 6-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

6. Amendment of subsecfion (c) filed 1 1-27-2000 as an emergency; operative 
1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be trans- 
mitted to OAL by 5-1-2001 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 
3-28-2001 and filed 5-9-2001 (Register 2001, No. 19). 

8. Amendment of section heading, section and Note filed 8-22-2005; operative 
9-21-2005 (Register 2005, No. 34). 

9. Amendment of section heading and section filed 1 1-8-2006; operative 
12-8-2006 (Register 2006, No. 45). 

§ 869. Performance of Designated Achievement Test 
Publisher. 

NOTIi: Authority cited: Sections 33031 and 60605(g) and (h), Educafion Code. 
Reference: Section 60643, Education Code. 

History 

1. New section adopted by the State Board of Educafion and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1 ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 oremergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order transmitted to OAL 9-2-98 and 
filed 10-14-98 (Register 98, No. 42). 

4. Amendment of secfion heading and section filed 10-26-98 as an emergency; 
operafive 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be 
transmitted to OAL by 2-23-99 or emergency language will be repealed by op- 
eration of law on the following day. 

5. Certificate of Compliance as to 10-26-98 order, including further amendment 
of section, transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99. No. 15). 

6. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, 
No. 51). A Certificate of Compliance must be transmitted to OAL by 



4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

7. Certificate of Compliance as to 1 2-1 6-99 order transmitted to OAL 4- 1 4-2000 
and filed 5-26-2000 (Register 2000, No. 21 ). 

§ 870. Apportionment to School Districts. 

(a) The amount of funding to be apportioned to the school district for 
the cosls of administering the designated achievement test, the stan- 
dards-based achievement tests, and the designated primary language test 
shall be the amount established by the State Board of Education to enable 
school districts to meet the requirements of administering the designated 
achievement test, the standards-based achievement tests, and the desig- 
nated primary language test per the number of tests administered to eligi- 
ble pupils in grades 2 to 11, inclusive, and the number of answer docu- 
ments returned with only demographic information for the designated 
achievement test and the standards-based achievement tests for pupils 
enrolled on the first day of testing who were not tested in the school dis- 
trict. The number of tests administered and the number of demographic 
answer documents shall be determined by the certification of the school 
district superintendent pursuant to section 862. For purposes of this por- 
tion of the apportionment, administration of the designated achievement 
test, the standards-based achievement tests, and the designated primary 
language test includes the following items: 

( 1 ) All staffing costs, including the district STAR coordinator and the 
STAR test site coordinators, staff training and other staff expenses re- 
lated to testing. 

(2) All expenses incurred at the school district and test site level related 
to testing. 

(3) All transportation costs of delivering and retrieving tests and test 
materials within the school district and to nonpublic schools. 

(4) All costs associated with mailing the STAR Student Reports to par- 
ents/guardians. 

(5) All costs associated with pre-identification of answer sheets and 
consumable test booklets, and other activities intended to provide the 
complete and accurate data required in section 861 of these regulations. 

(b) This amount does not include any funding for the purposes of: 

(1) reimbursing the costs incurred by any school district pursuant to 
section 864.5(d) or (e); 

(2) reimbursing any school district for designated primary language 
tests for non-eligible pupils; and 

(3) reimbursing any school district for designated achievement tests 
for non-eligible pupils. 

(c) If at the time a school district's scannable documents are processed 
by the contractor a student data record is missing any of the data elements 
required in section 861 of these regulations for the designated achieve- 
ment test or the standards-based achievement tests, the school district 
shall provide the missing data elements within the time required by the 
contractor to process the documents and meet the contractor's schedule 
of deliverables under its contract with the Department. The additional 
costs incurred by the school district to have the contractor reprocess the 
student information to acquire the data required by section 861 of these 
regulations shall be withheld from the school district's apportionment. 
NOTE: Authority cited: Sections 33031 and 60605. Education Code. Reference: 
Secfions 60640 and 60643. Education Code. 

History 

1. New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operafive 1-2-98 (Register 98, No. 1 ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operafion of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98. 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including amendment of sub.sec- 
tion (a)(2)(A). transmitted to OAL 9-2-98 and filed 1 0-1 4-98 (Register 98. No. 

42). 

4. Repealer of subsections (b)-(b)(2)(E) and subsection reletlering filed 
10-26-98 as an emergency; operative 10-26-98 (Register 98. No. 44). A Cer- 
fificate of Compliance must be transmitted to OAL by 2-23-99 or emergency 
language will be repealed by operafion of law on the following day. 



Page 27 



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§871 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



5. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99, No. 15). 

6. Amendment of section heading and section filed 12-16-99 as an emergency; 
operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be 
transmitted to OAL by 4-14-2000 or emergency language will be repealed by 
operation of law on the following day. 

7. Certi ficate of Compliance as to 1 2- 1 6-99 order transmitted to OAL 4- 1 4-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

8. Amendment of subsection (a), redesignation and amendment of former subsec- 
tion (b)( 1) as subsection (b) and repealer of subsection (b)(2) filed 1 1-27-2000 
as an emergency; operative 1-1-2001 (Register 2000, No. 48). A Certificate of 
Compliance must be transmitted to OAL by 5-1-2001 or emergency language 
will be repealed by operation of law on the following day. 

9. Certificate of Compliance as to 1 1-27-2000 order transmitted to OAL 
3-28-2001 and filed 5-9-2001 (Register 2001, No. 19). 

10. Amendment of section and Note filed 8-22-2005; operative 9-21-2005 
(Register 2005, No. 34). 

1 1 . Amendment filed 1 1-8-2006; operative 1 2-8-2006 (Register 2006. No. 45). 

§ 871 . Payment of Publisher. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Sections 60640 and 60643, Education Code. 

History 

1. New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1 ). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including amendment of section, 
transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42). 

4. Amendment filed 10-26-98 as an emergency; operative 10-26-98 (Register 
98, No. 44). A Certificate of Compliance must be transmitted to OAL by 
2-23-99 or emergency language will be repealed by operation of law on the fol- 
lowing day. 

5. Certificate of Compliance as to 10-26-98 order, including firther amendment 
of section, transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 1 5). 

6. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, 
No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14—2000 or emergency language will be repealed by operation of law on the 
following day. 

7. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4- 14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

§ 872. Performance Bond. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Sections 60640-60643 and 60646, Education Code. 

History 

1. New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including amendment of subsec- 
tion (b), transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42). 

4. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, 
No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

5. Certificate of Compliance as to 1 2-16-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

§ 873. Standard Agreement Form for the Designated 
Achievement Test. 

Note: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 

Reference: Section 60643, Education Code. 

History 

1. New section adopted by the Department of EducaUon and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operaUon of law on the following day. 



2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Certificate of Compliance as to 5-5-98 order, including amendment of subsec- 
tions II.. 111.. VL, X-Xll., XIV. and XIX. and amendment of Note, transmitted 
to OAL 9-2-98 and filed 10-14-98 (Register 98. No. 42). 

4. Amendment filed 10-26-98 as an emergency; operative 10-26-98 (Register 
98, No. 44). A Certificate of Compliance must be transmitted to OAL by 
2-23-99 or emergency language will be repealed by operation of law on the fol- 
lowing day. 

5. Certificate of Compliance as to 10-26-98 order, including further amendment 
of section, transmitted to OAL 2-23-99 and filed 4-6-99 (Register 99, No. 15). 

6. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, 
No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-1 4-2000 or emergency language will be repealed by operation of law on the 
following day. 

7. Certificate of Compliance as to 1 2-1 6-99 order transmitted to OAL 4- 1 4-2000 
and filed 5-26-2000 (Register 2000, No. 21 ). 

§ 874. Delivery Schedule and Order Form. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Section 60643, Education Code. 

History 

1 . New section adopted by the State Board of Education and filed 1-2-98 as an 
emergency; operative 1-2-98 (Register 98, No. 1). A Certificate of Compliance 
must be transmitted to OAL by 5-2-98 or emergency language will be repealed 
by operation of law on the following day. 

2. New section refiled 5-5-98 as an emergency; operative 5-5-98 (Register 98, 
No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-98 
or emergency language will be repealed by operation of law on the following 
day. 

3. Editorial cortection of subsection 3. (Register 98, No. 42). 

4. Certificate of Compliance as to 5-5-98 order, including amendment of section, 
transmitted to OAL 9-2-98 and filed 10-14-98 (Register 98, No. 42). 

5. Repealer filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 
or emergency language will be repealed by operation of law on the following 
day. 

6. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99, No. 15). 

§ 875. School District Liability. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Sections 60603(j), 60604(a) and 60613, Education Code. 

History 
L New section filed 10-14-98; operative 10-14-98 (Register 98, No. 42). 

2. Repealer filed 10-26-98 as an emergency; operative 10-26-98 (Register 98, 
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 
or emergency language will be repealed by operation of law on the following 

day. 

3. Certificate of Compliance as to 10-26-98 order transmitted to OAL 2-23-99 
and filed 4-6-99 (Register 99, No. 15). 



Article 2.5. 



Golden State Seal Merit 
Diploma 



§ 876. Golden State Seal Merit Diploma. 

For the purposes of the Golden State Seal Meiit Diploma: 

(a) "Demonstration of mastery" or "demonstrate mastery" means 
earning a scaled score of 370 or above on a California Standards Test 
(CST), as set forth in Education Code Section 60642.5, or a performance 
level of recognition, honors, or high honors on a Golden State Examina- 
tion (GSE). 

(b) Mastery must be demonstrated on six separate GSEs or high school 
level CSTs, not including the Algebra I CST, General Mathematics CST, 
and Integrated Mathematics 1 CST. 

(c) Students may not use both a CST and the GSE in the same course 
of study to demonstrate mastery of the curriculum under Education Code 
Section 51452. 

NOTE: Authority cited: Secfions 33031, 51450 and 51451, Education Code. Ref- 
erence: Sections 51450, 51451 and 51452, EducaUon Code. 

History 
1. New section filed 4-22-2004; operative 4-22-2004 pursuant to Government 
Code section 1 1343.4(c) (Register 2004, No. 17). 



Page 28 



Register 2006, No. 45; 11-10-2006 



Title 5 



California Department of Education 



§889 



Article 3. Designated Primary Language 
Test 



§ 880. Pupil Testing. 

NOTt: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Section 60640, Education Code. 

History 

1 . New anicie 3 (sections 880-904) and section filed 1-4-99 as an emergency; op- 
erative 1-4-99 (Register 99. No. 2). A Certificate of Compliance must be trans- 
mitted to OAL by 5^^99 or emergency language will be repealed by operation 
of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5-4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Amendment of subsection (c) filed 12-16-99 as an emergency; operative 
12-16-99 (Register 99. No. 51). A Certificate of Compliance must be trans- 
mitted to OAL by 4- 1 4-2000 or emergency language will be repealed by opera- 
tion of law on the following day. 

4. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4- 14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

5. Amendment of subsection (a) filed 1 1-27-2000 as an emergency; operative 
1-1-2001 (Register 2000. No. 48). A Certificate of Compliance must be trans- 
mitted to OAL by 5-1 -2001 or emergency language will be repealed by opera- 
tion of law on the following day. 

6. Certificate of Compliance as to 1 1-27-2000 order transmitted to OAL 
3-28-2001 and filed 5-9-2001 (Register 2001, No. 19). 

7. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§881. Pupil Exemptions. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Sections 60615 and 60640, Education Code. 

History 

1. New section filed 1-4-99 as an emergency; operative 1^-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5^4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5^-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Repealer filed 1 1-8-2006; operaUve 12-8-2006 (Register 2006, No. 45). 

§ 882. Administration. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Secfion 60640. Education Code. 

History 

1 . New section filed 1-4-99 as an emergency; operative 1^-99 (Register 99, No. 
2 ). A Certificate of Compliance must be transmitted to OAL by 5^4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5-4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Amendment filed 12-16-99 as an emergency; operative 12-16^99 (Register 
99, No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 12-1 6-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

5. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 883. Advance Preparation for Test. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Sections 6061 1 and 60640, Education Code. 

History 

1 . New section filed 1-4-99 as an emergency; operative 1-4-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5-4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Amendment of subsection (a) filed 12-16-99 as an emergency; operative 
12-16-99 (Register 99, No. 51). A Certificate of Compliance must be trans- 
mitted to OAL by 4-14-2000 or emergency language will be repealed by opera- 
tion of law on the following day. 

4. Certificate of Compliance as to 1 2-1 6-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

5. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 



§ 884. Testing Period. 

NOTE: Authority cited: SecUons 33031 and 60605(g) and (h). Education Code. 

Reference: Section 60640, Education Code. 

History 

l.New section filed 1-4-99 as an emergency; operative I -4-99 (Register 99. No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 oremer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1—4-99 order transmitted to OAL 5^-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Amendment of subsecfion (c) filed 12-16-99 as an emergency; operative 
12-16-99 (Register 99, No. 51 ). A Certificate of Compliance must be trans- 
mitted to OAL by 4-1 4-2000 or emergency language will be repealed by opera- 
non of law on the following day. 

4. Certificate of Compliance as to 12 -16-99 order transmitted to OAL 4- 14-2()()() 
and filed 5-26-2000 (Register 2000. No. 21 ). 

5. Amendment of subsecfion (a) filed 1 1-27-2000 as an emergency; operative 
1-1-2001 (Register 2000, No. 48 1. A Certificate of Compliance must be trans- 
mitted to OAL by 5-1-2001 or emergency language will be repealed by opera- 
tion of law on the following day. 

6. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 
3-28-2001 and filed 5-9-2001 (Register 2001, No. 19). 

7. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006. No. 45). 

§ 885. Sales and Use Tax. 

NOTE: Authority cited: Secfions 33031 and 60605(g) and (h). Education Code. 
Reference: Section 60640, Education Code; and Sections 6051 et seq. and 6201 
et seq.. Revenue and Tax Code. 

History 

1. New secfion filed 1-4-99 as an emergency; operative I ^^99 (Register 99. No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-^-99 order transmitted to OAL 5-4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, 
No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 1 2~l(j-99 order transmitted to OAL 4-14-2000 
and filed 3-26-2000 (Register 2000. No. 21 ). 

§ 886. STAR Program District Coordinator. 

NOTE: Authority cited: Secfions 33031 and 60605, Education Code. Reference: 
Sections 60630 and 60640, Education Code. 

History 

1 . New secfion filed 1-4-99 as an emergency; operative 1 -4-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5-4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Repealer of section and amendment of Note filed 1 1-8-2006; operative 
12-8-2006 (Register 2006, No. 45). 

§ 887. STAR Test Site Coordinator. 

NOTE: Authority cited: Secfions 33031 and 60605(g) and (h). Education Code. 
Reference: Sections 60630 and 60640, Education Code. 

History 

1. New secfion filed 1^4—99 as an emergency; operafive 1^1-99 (Register 99, No. 
2). A Certificate of Compliance must be transinitted to OAL by 5-4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-^-99 order transmitted to OAL 5^1-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 888. STAR Test Security Agreement and Test Security 
Affidavit. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference; Secfion 60640, Education Code. 

History 

1. New secfion filed 1-4-99 as an emergency; operafive 1-4-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5^^99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Repealer filed 11-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 889. Standard Agreements Between School Districts and 
Publisher(s). 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h), Education Code. 
Reference: Sections 60640 and 60643, Education Code. 



Page 29 



Register 2006, No. 45; 11-10-2006 



§890 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



HrSTORY 

1 . New section filed 1-4-99 as an emergency; operative 1-4-99 (Register 99. No. 
2). A Certificate of Compliance must be transmitted to OAL by 5^1-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5^-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, 
No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 1 2- 1 6-99 order transmitted to OAL 4- 1 4-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

§ 890. School-By-School Analysis. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Section 60630, Education Code. 

History 

1. New section filed 1^-99 as an emergency; operative 1^-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5^4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Amendment of subsecfions (a) and (a)(8) and new subsection (a)(10) filed 
12-16-99 as an emergency; operafive 12-16-99 (Register 99, No. 51). A Cer- 
tificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency 
language will be repealed by operafion of law on the following day. 

4. Certi ficate of Compliance as to 1 2- 1 6-99 order transmitted to OAL 4- 1 4-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

5. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 
§ 891. Apportionment Information Report. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Sections 60615 and 60640, Education Code. 

History 

1. New section filed 1-4-99 as an emergency; operative 1^-99 (Register 99. No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5^1-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Amendment of subsections (a)(6) and (b)(2) filed 12-16-99 as an emergency; 
operative 12-16-99 (Register 99, No. 51 ). A Certificate of Compliance must be 
transmitted to OAL by 4-14-2000 or emergency language will be repealed by 
operation of law on the following day. 

4. Certificate of Compliance as to 1 2-1 6-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

5. Amendment of subsections (a)(l)-(5) filed 1 1-27-2000 as an emergency; op- 
erative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance must be 
transmitted to OAL by 5-1-2001 or emergency language will be repealed by 
operation of law on the following day. 

6. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 
3-28-2001 and filed 5-9-2001 (Register 2001, No. 19). 

7. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 
§ 892. Parent Reports. 

NOTE: Authority cited: Sections 33031 and 60605, Education Code. Reference: 
Section 60641, Education Code. 

History 

1 . New section filed 1-4-99 as an emergency; operative 1-4-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5^4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5-4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Amendment filed 12-16-99 as an emergency; operative 12-16-99 (Register 
99, No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

5. Repealer of secfion and amendment of Note filed 11-8-2006; operative 
12-8-2006 (Register 2006, No. 45). 

§ 893. Reporting Test Scores. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h), Education Code. 

Reference: Sections 60640 and 60643, Education Code. 

History 

1. New section filed 1-4-99 as an emergency; operative 1^-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5^^-99 or emer- 
gency language will be repealed by operation of law on the following day. 



2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5-4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 894. Test Order Information. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Sections 60640 and 60643, Education Code. 

History 

1 . New section filed 1-4-99 as an emergency; operative 1 -4-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5^^99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Amendment filed 12-16-99 as an emergency; operative 12-16-99 (Register 
99. No. 51). A Certificate of Compliance mu,st be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 1 2-1 6-99 order transmitted to OAL 4-14-2000 
and filed .5-26-2000 (Register 2000, No. 21 ). 

5. Amendment of subsections (b)(6) and (c)(2) filed 1 1-27-2000 as an emergen- 
cy; operative 1-1-2001 (Register 2000, No. 48). A Certificate of Compliance 
must be transmitted to OAL by 5-1-2001 or emergency language will be re- 
pealed by operafion of law on the following day. 

6. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 
3-28-2001 and filed 5-9-2001 (Register 2001, No. 19). 

7. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 895. Transportation. 

Note: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Section 60640, Education Code. 

History 

1. New section filed 1^4-99 as an emergency; operative 1-4-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4—99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5-4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Amendment of subsection (a) filed 12-16-99 as an emergency; operative 
12-16-99 (Register 99, No. 51). A Certificate of Compliance must be trans- 
mitted to OAL by 4-1 4-2000 or emergency language will be repealed by opera- 
tion of law on the following day. 

4. Certificate of Compliance as to 12-1 6-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

5. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 896. School District Delivery. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Sections 60640 and 60643, Education Code. 

History 

1 . New section filed 1-4-99 as an emergency; operative 1-4-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 or emer- 
gency language will be repealed by operafion of law on the following day. 

2. Certificate of Compliance as to 1^-99 order transmitted to OAL 5-4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Amendment of section and Note filed 12-16-99 as an emergency; operafive 
12-16-99 (Register 99, No. 51). A Certificate of Compliance must be trans- 
mitted to OAL by 4-1 4-2000 or emergency language will be repealed by opera- 
tion of law on the following day. 

4. Certificate of Compliance as to 1 2-1 6-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

5. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 897. Test Site Delivery. 

Note: Authority cited: Secfions 33031 and 60605(g) and (h). Education Code. 
Reference: Section 60640, Educafion Code. 

History 

1 . New section filed 1-4-99 as an emergency; operafive 1^1-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 or emer- 
gency language will be repealed by ojjeration of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5-4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 898. Retrieval of Materials by Publisher. 

NOTE: Authority cited: Secfions 33031 and 60605(g) and (h). Education Code. 

Reference: Section 60643, Educafion Code. 

History 

1. New section filed 1-4-99 as an emergency; operative 1^1-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 or emer- 
gency language will be repealed by operation of law on the following day. 



Page 30 



Register 2006, No. 45; 11-10-2006 



Title 5 



California Department of Education 



§ 1000.3 



2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5-4-99 and 
tiled 6-14-99 (Register 99. No. 23). 

3. Repealer tiled 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 899. Discrepancy Resolution for Designated Primary 
Language Test(s). 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference; Sections 60640 and 60643, Education Code. 

History 

1. New.section filed 1-4-99 as an emergency; operative 1-4-99 (Register 99. No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5-4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Amendment of section and NoTi-: filed 12-16-99 as an emergency; operative 
12-16-99 (Register 99, No. 51). A Ceitificate of Compliance must be trans- 
mitted to OAL by 4- 14-2000 or emergency language will be repealed by opera- 
tion of law on the following day. 

4. Certificate of Compliance as to 1 2-1 6-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000, No. 21 ). 

5. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45), 

§ 900. Performance of Designated Primary Language Test 
Publisher(s). 

NOTE: Authointy cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Section 60643, Education Code, 

History 

1. New section filed 1-4-99 as an emergency; operative 1-4-99 (Register 99, No. 
2 ). A Certi ficate of Compliance must be transmitted to OAL by 5-4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5^4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, 
No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-1 4-2000 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 12- 1 6-99 order transmitted to OAL 4- 14-2000 
and filed .5-26-2000 (Register 2000, No. 21). 

§901. Apportionment. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Sections 60640 and 60643, Education Code. 

History 

1. New section filed 1-4-99 as an emergency; operative 1-4-99 (Register 99, No. 
2). A Certificate of Compliance must be transmitted to OAL by 5^1-99 or emer- 
gency language will be repealed by operafion of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5-4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Amendment filed 12-16-99 as an emergency; operaUve 12-16-99 (Register 
99. No. 51). A Certificate of Comphance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 12-16-99 order transmitted to OAL 4-14-2000 
and filed 5-26-2000 (Register 2000. No. 21). 

5. Repealer filed 1 1-8-2006; operative 12-8-2006 (Register 2006, No. 45). 

§ 902. Payment of Publisher. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h), Educafion Code. 
Reference: Sections 60640 and 60643, Education Code. 

History 

1 . New section filed 1-4-99 as an emergency; operative 1-4-99 (Register 99. No. 
2). A Certificate of Compliance must be transmitted to OAL by 5^4-99 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5^4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, 
No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 1 2-16-99 order transmitted to OAL 4-1 4-2000 
and filed 5-26-2000 (Register 2000, No. 21). 

§ 903. Performance Bond. 

NOTE: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Sections 60640-60643 and 60646, Education Code. 



History 

1 . New section filed 1-4-99 as an emergency; operative 1-4-99 (Register 99, No. 
2 ). A Certificate of Compliance must be transmitted to OAL by 5-4-99 or emer- 
gency language will be repealed by operafion of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5^4-99 and 
filed 6-14-99 (Register 99. No. 25), 

3. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99. 
No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 1 2-1 6-99 order triuismitted to OAL 4- 14-2(X)0 
and filed .5-26-2000 (Register 2000, No. 21). 

§ 904. Standard Agreement Form for Any Designated 
Primary Language Test. 

Note: Authority cited: Sections 33031 and 60605(g) and (h). Education Code. 
Reference: Secfion 60643, Education Code. 

History 

1. New secfion filed 1-4-99 as an emergency; operative 1-4-99 (Register 99. No. 
2). A Certificate of Compliance must be transmitted to OAL by 5-4-99 oremer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-4-99 order transmitted to OAL 5-4-99 and 
filed 6-14-99 (Register 99, No. 25). 

3. Repealer filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, 
No. 51). A Certificate of Compliance must be transmitted to OAL by 
4-14-2000 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 1 2-1 6-99 order transmitted to OAL 4- 1 4-2000 
and filed 5-26-2000 (Register 2000, No. 21 ). 



Subchapter 3.8,. Quality Education 
Investment Act of 2006 

§ 1000. Eligibility, Assignment of Random Order, and 

Determination of Program Option. [Repealed] 

NotE: Authority cited: Section 33031, Eulucafion Code. Reference: Sections 
52052, 52055.720, 52055.740 and 52055.760, Education Code. 

History 

1. New subchapter 3.8 (sections 1000-1000.7) and section filed 2-8-2007 as an 
emergency; operative 2-8-2007 (Register 2007, No. 6). A Certificate of Com- 
pliance must be transmitted to OAL by 6-8-2007 or emergency language will 
be repealed by operation of law on the following day. 

2. Repealer of subchapter 3.8 (secnons 1000-1000.7) and section by operation of 
Government Code section 1 1346.1(g) (Register 2007, No. 39). 

§ 1 000.1 . Submission of Applications Under Education 
Code Section 52055.740. [Repealed] 

Note: Authority cited: Secfion 33031, Eiducation Code. Reference: Sections 
52055.740 and 52055.750, Education Code. 

History 

1. New section filed 2-8-2007 as an emergency; operative 2-8-2007 (Register 
2007. No. 6). A Certificate of Compliance must be transmitted to OAL by 
6-8-2007 or emergency language will be repealed by operation of law on the 
following day. 

2. Repealed by operation of Government Code secfion 1 1 346.1 (g) (Register 2007, 
No. 39). 

§ 1000.2. Submission of Applications Under Education 
Code Section 52055.760. [Repealed] 

NotE: Authority cited: Secfion 3.3031, Education Code. Reference: Sections 
44757.5, 52055.740, 52055.750 and 52055.760, Educafion Code. 

History 

1. New section filed 2-8-2007 as an emergency; operative 2-8-2(X)7 (Register 
2007, No. 6). A Certificate of Compliance must be transmitted to OAL by 
6-8-2007 or emergency language will be repealed by operation of law on the 
following day. 

2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2007, 
No. 39). 

§ 1000.3. Submission of Applications for Priority Approval. 
[Repealed] 

NotE: Authority cited: Section 33031, Educafion Code. Reference: Sections 
52055.740 and 52055.760, Education Code. 

History 

1. New section filed 2-8-2007 as an emergency; operative 2-8-2007 (Register 
2007, No. 6). A Certificate of Compliance must be transmitted to OAL by 
6-8-2007 or emergency language will be repealed by operation of law on the 
following day. 



Page 31 



Register 2007, No. 39; 9-28-2007 



§ 1000.4 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



2. Repealed by operation ofGovemment Code section 1 1346. Kg) (Register 2007. 
No. 39). 

§ 1000.4. Review of Applications. [Repealed] 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
447.'S7..S, 52053.720, 52055.730. 52055.740, 52055.7.50 and 52055.760. Educa- 
tion Code. 

History 

1. New section filed 2-8-2007 as an emergency; operative 2-8-2007 (Register 
2007. No. 6). A Certificate of Compliance must be transmitted to OAL by 
6-8-2007 or emergency language will be repealed by operation of law on the 
following day. 

2. Repealed by operafion of Government Code section 1 1 346. 1 (g) ( Reaister 2007, 
No. 39). 

§ 1000.5. Selection of Schools for Funding. [Repealed] 

NOTE: Authority cited: Secfion 33031, Education Code. Reference: Section 
52055.730. 52055.740, 52055.760 and 52055.770, Educafion Code. 

History 

1. New section filed 2-8-2007 as an emergency; operative 2-8-2007 (Register 
2007, No. 6). A Certificate of Compliance must be transmitted to OAL by 
6-8-2007 or emergency language will be repealed by operation of law on the 
following day. 

2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2007, 
No. 39). 

§ 1000.6. Geographic Distribution by County and 
Distribution by Grade Span. [Repealed] 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
52055.730, Education Code. 

History 

1. New section filed 2-8-2007 as an emergency; operative 2-8-2007 (Register 
2007, No. 6). A Certificate of Compliance must be transmitted to OAL by 
6-8-2007 or emergency language will be repealed by operation of law on the 
following day. 

2. Repealed by operation of Government Code section 11346.Ug) (Register 2007, 
No. 39). 

§1000.7. Definitions. [Repealed] 

NOTE: Authority cited: Section 33031, Educafion Code. Reference: Secfions 
52055.650, 52500.720, 52055.740 and 52055.760, Education Code. 

History 
\. New section filed 2-8-2007 as an emergency; operative 2-8-2007 (Register 
2007, No. 6). A Certificate of Compliance must be transmitted to OAL by 
6-8-2007 or emergency language will be repealed by operation of law on the 
following day. 

2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2007, 
No. 39). 



Subchapter 4. Statewide Testing of Pupils 
and Evaluation Procedures* 



*For "vision screening" testing for pupils, see Sections 590-596. 

Article 1. Achievement Testing Programs 

§1020. Definitions. 

History 

1 . Repealer filed 7-20-73; effective thirtieth day thereafter (Register 73, No. 29). 
For prior history, see Register 71, No. 30. 

2. Repealer of NOTE filed 9-23-77; effecfi ve thirtieth day thereafter (Register 77, 
No. .39). 

§ 1021. Tests and Procedures. 

(a) Each pupil in grade 1 shall be given the entry level test adopted or 
developed by the State Board of Education at a time specified by the State 
Department of Education, but not later than the third month of attendance 
in the first grade. 

(b) Each pupil in grades 3, 6, and 12 shall be given the achievement 
test adopted or developed for the respective grade by the State Board of 
Education at the times designated for each grade by the State Department 
of Education. 

(c) The adopted tests shall be administered to pupils by school districts 
in accordance with procedures established by the State Department of 
Education for the tests. Test answer sheets shall be submitted to the State 



Department of Education for scoring on dates specified and according to 
procedures established by the Department for each grade. 

(d) After the tests have been given, the school principal shall certify 
that the tests were given in accordance with the procedures established 
for the test, and that all answer sheets have been returned to the State De- 
partment of Education for scoring. 

(e) In nongraded primary sections, pupils shall be certified as first or 
third grade pupils for purposes of official enrollment, and are deemed, for 
purposes of this article, to be enrolled in the respective grade for which 
they are so certified. 

(f) Pupils enrolled in grades 1 . 3 and 6 in a school maintaining a year- 
round program shall be tested when they have completed approximately 
the same number of weeks of school as pupils who are in regular pro- 
grams. 

NOTE: Authority cited: Sections 33031, 54103. 60602, 60603, 60607 and 60640, 
EducationCode. Reference: Sections 60600-6061 4 and 60640-60644, Education 
Code. 

History 

1. New NOTE filed 9-23-77; effecfive thirtieth day thereafter (Register 77, No. 
39). For prior history see Register 74, No. 52. 

2. Repealer and new section filed 11-29-79; effecfive thirtieth day thereafter 
(Register 79, No. 48). 

§ 1022. Recording Test Scores. 

Scores for individual pupils on these tests shall not be used by school 
districts or teachers for individual diagnosis or placement, or as a basis 
for any other decisions which would affect the pupil's school experience. 
Scores from these tests shall not in any manner be included on a pupil's 
cumulafive school record. 

History 
1 . Amendment filed 1 2-26-74; effective thirtieth day thereafter (Register 74, No. 

52). 

§ 1 023. Security of Test l\/laterial. 

In order to afford protection to the security and reliability of the tests 
given pursuant to this article, all officers and employees of the district and 
other persons concerned with the state testing program shall take all rea- 
sonable precaufions to prevent pupils from learning in advance of the 
specific content of the tests. 

History 
1 . Amendment filed 1 2-26-74; effective thirtieth day thereafter (Register 74, No. 

52). 

§ 1 023.1 . Practice Exercises. 

No practice exercises other than those specifically designated or ap- 
proved by the State Department of Education shall be given to pupils in 
preparation for the testing program or in the particular test used. 
NOTE: Authority cited: Sections 33031, 60603, 60640, Educafion Code. Refer- 
ence: Secnons 60600-60614 and 60640-60644, Education Code. 

History 
1 . New section filed 1 1-29-79; effective thirtieth day thereafter (Register 79, No. 

48). 

§ 1 024. Responsibility of the County Superintendent of 
Schools. 

The county superintendent is requested to cooperate with and give as- 
sistance to each school district under his jurisdiction which seeks such 
assistance from him in carrying out duties imposed on it by Chapter 5 of 
Part 33 of Division 4 of Title 2 of the Education Code. In addition for any 
district which does not have a district superintendent, the county superin- 
tendent shall make certain that the tests are administered in accordance 
with these regulations and with the instructions and testing procedures 
developed for the tests. 

NOTE: Authority cited: Sections 33031, 60603, 60640, Education Code. Refer- 
ence: Secfions 60600-60614 and 60640-60644, Education Code. 

History 

1. Amendment filed 9-25-69; effecfive thirtieth day thereafter (Register 69, No. 
39). 

2. Amendment filed 1 2-26-74; effecfive thirtieth day thereafter (Register 74, No. 
52). 

3. Amendment filed 9-23-77; effecfive thirtieth day thereafter (Register 77, No. 
39). 

4. Amendment filed 1 1-29-79; effective thirtieth day thereafter (Register 79, No. 
48). 



Page 32 



Register 2007, No. 39; 9-28-2007 



Title 5 



California Department of Education 



§ 1030.7 



• 



• 



§1025. Relatedlnformation. 

Each school district superintendent shall furnish to the State Depart- 
ment of Education such other pupil and school information that is re- 
quested by the Department in order to carry out the provisions of Chapter 
5 of Part 33 of Division 4 of Title 2 of the Education Code and to properly 
analyze and evaluate the lest results as required by Sections 60604.5 and 
60660 of the Education Code. 

NOTE; Authority cited: Sections 33031. 60603. 60640, Education Code. Refer- 
ence: Sections 60600-606 1 4 and 60640-60644. Education Code. 

History 

1. New section filed 12-26-74; effective thirtieth dav thereafter (Register 74, No. 
52). 

2. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth 
day thereafter (Register 77, No. 39). 

3. Amendment filed 1 1 -29-79; effective thirtieth dav thereafter (Register 79, No. 

48). 

§1026. Reporting Test Results. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
60607 and 60640, Education Code. 

History 

1 . New section filed 1 2-26-74; effective thirtieth day thereafter (Register 74, No. 

52). 

2. Amendment filed 9-27-76; effective thirtieth day thereafter (Register 76, No. 
40). 

3. Repealer of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, 
No. 39). 

4. Repealer filed 1 1-29-84; effective thirtieth day thereafter (Register 84, No. 48). 



NOTE: Authority cited: Sections 33031 and 54653.6, Education Code. Reference: 
Section 54653.6, Education. 

History 

1. New section filed 5-1-87; operative 5-31-87 (Regi.ster 87, No. 20). 



Article 1.5. Education Improvement 
Incentive Program 

§ 1030. Computation of Change in a School's 
Performance. 

(a) The formula in subsection (b) shall be applied by the State Depart- 
ment of Education to all secondary schools eligible to compete in the 
Education Improvement Incentive Program and whose performance in 
the prior fiscal year has decreased from that in the next preceding fiscal 
year. All schools with a 1 2th grade enrollment of 50 students or fewer and 
all continuation education schools are excluded from the computation. 

(b) The formula: 

(1) Subtract the school's prior year composite score on the Cahfomia 
Assessment Program (CAP) from the current year score to compute a 
change score. 

(2) Regress the number of students tested in CAP and the square of the 
number of students tested onto the change score using a standard multiple 
regression procedure. 

(3) Using the results of the multiple regression, compute a predicted 
change score. 

(4) Subtract the actual change score obtained by the school from the 
predicted change score to obtain a residual. 

(5) Studentize the residual to have a mean of zero and a standard devi- 
ation of 1 . 

(6) Identify those schools which have a studentized residual equal to 
or less than minus 1.5. A studentized residual is the ratio of the residual 
to its standard error after the model has been fit and predicted change 
scores and residuals calculated. Tlie predicted change scores are calcu- 
lated from the eslitnated regression equation. The residuals are calcu- 
lated as actual minus predicted. 

(7) For those schools identified in paragraph (6) of this subsection, the 
incentive award for the current year shall be based on the improvement 
in performance between the current year and the 1983-84 fiscal year or 
the fiscal year in which the school first participated in the incentive pro- 
gram. 

(c) Any school whose incentive award is adversely affected by a calcu- 
lation pursuant to subdivision (b) may appeal to the Superintendent of 
Public Instruction. 



Article 1.6. Immediate 

Intervention/Underperforming Schools 

Program (ll/USP) and High Priority Schools 

Grant Program (HPSGP): Definition of 

Significant Growth and Criteria to Determine 

Academic Growth for ll/USP and HPSGP 

Schools Without Valid API's 

§ 1030.5. Definition of Significant Growth for ll/USP 
Schools. 

A school participating in the Immediate Intervention/Underperform- 
ing Schools Program (II/USP) of Education Code sections 52053 
through 52055.55 achieves "significant growth" as that term is used in 
Education Code secUons 52055.5 and 52055.55 when its schoolwide 
Academic Performance Index (API) growth is greater than zero and the 
school does not achieve its API growth target pursuant to Education Code 
section 52052(c). 

NOTE: Authority cited: Secfion 33031, Education Code. Reference: Sections 
52052, 52053, 52054, 52055.5 and 52055.55, Education Code. 

History 
1. New article 1.6 (sections 1030.5-1030.8) and section filed 7-28-2005; opera- 
tive 8-27-2005 (Register 2005, No. 30). 

§ 1030.6. Criteria to Demonstrate Significant Growth for 
ll/USP Schools Without Valid APIs. 

Schools participating in the II/USP without a valid API score pursuant 
to Education Code section 52052(f) demonstrate academic growth 
equivalent to significant growth for purposes of Education Code sections 
52055.5 and 52055.55 when the weighted average percent proficient 
across all California Standards Tests in (a) English/language arts and (b) 
mathematics increased by at least one percentage point from the prior 
year to the year in which they have an invalid score. For purposes of this 
calculafion, there shall be no rounding (e.g., 0.99 does not round up to 
1.00). 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
52052, 52053, 52054, 52055.5 and 52055.55, Education Code. 

History 

1. New section filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30). 

§ 1 030.7. Definition of Significant Growth for HPSGP 
Schools. 

(a) A school participating in the High Priority Schools Grant Program 
(HPSGP) of Educafion Code secdons 52055.600 through 52055.662 
achieves "significant growth" as that term is used in Education Code sec- 
tions 52055.650 when its combined growth is equal to or greater than ten 
Academic Performance Index (API) points on the API over the last three 
years it participates in the program and also achieves positive API growth 
in two of the last three years. 

(b) A school without a valid API score pursuant to Education Code 
section 52052(f) in any year of participafion in the program demonstrates 
positive API growth for that year when the school's weighted average 
percent proficient increases by at least one percentage point from the 
prior year across all California Standards Tests in (a) English/language 
arts, and (b) mathematics. For purposes of this calculation, there shall be 
no rounding (e.g. 0.99 does not round up to 1.00). 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
52052, 52055.600, 50255.640, 52055.645 and 52055.650, Education Code. 

History 

1. New section filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30). 

2. Designation of existing section as subsection (a) and new subsection (b) filed 
8-15-2006; operative 9-14-2006 (Register 2006, No. 33). 



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§ 1030.8. Criteria to Demonstrate Academic Growth 

Equivalent to Significant Growth for HPSGP 
Schools Without Valid APIs. 

A school without a valid API in at least one year that does not demon- 
strate significant growth as defined in section 1030.7, demonstrates aca- 
demic growth equivalent to significant growth for purposes of Education 
Code section 52055.650 when the school's weighted average percent 
proficient across all California Standards Tests in (a) English/language 
arts and (b) mathematics increased by at least two percentage points over 
the prior three year period. For purposes of this calculation, there shall 
be no rounding (e.g., 0.99 does not round up to 1.00). 
NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
52052, 52055.600, 50255.640, 52055.645 and 52055.650. Education Code. 

History 

1. New section filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30). 

2. Amendment of section heading and section filed 8-15-2006; operative 
9-14-2006 (Register 2006. No. 33). 



Article 1.7. Award Programs Linked to the 
Academic Performance Index (API) 

§ 1 031 . Intent of the Regulations. 

(a) The Academic Performance Index (API) measures the perfor- 
mance of California public schools, especially the academic perfor- 
mance of pupils, and demonstrates comparable improvement in academ- 
ic achievement by all numerically significant ethnic and 
socioeconomically disadvantaged subgroups within schools pursuant to 
Education Code section 52052 and the Framework for The Academic 
Performance Index, July 1999 and The 1999 Base Year Academic Per- 
formance Index, December 15, 1999, which are incorporated herein. 

(b) The purpose of Article 1.7 is to implement the programs estab- 
lished by two statutes relating to the API: 

(1) The Governor's Performance Award Program of the Public 
Schools Accountability Act of 1 999 (Education Code sections 52050 et 
seq.). 

(2) The Certificated Staff Performance Incentive Act (Education Code 
sections 44650 et seq.). 

NOTE: Authority cited: Sections 3303 1 . 44650(b) and 52057(a). Education Code. 
Reference: Sections 44650-44652, 44654(b), 52052 and 52057, Education Code. 

History 

1 . New article 1 .7 (sections 1031-1038) and section filed 1 2-28-2000 as an emer- 
gency; operative 12-28-2000 (Register 2000, No. 52). A Certificate of Com- 
pliance must be transmitted to OAL by 4-27-2001 or emergency language will 
be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 12-28-2000 order, including amendment of 
subsection (b), transmitted to OAL 4-27-2001 and filed 6-1 1-2001 (Register 
2001, No. 24). 

3. Amendment of subsection (b), repealer of subsection (b)(3) and amendment of 
Note filed 1-8-2002; operative 1-8-2002 (Register 2002, No. 2). 

§ 1032. General Eligibility Criteria for Award Programs 
Related to API Growth. 

(a) For purposes of this Article, "schools" shall be defined as all 
schools, including charter schools, that receive a ranking on the API in- 
cluding schools participating in the Immediate Intervention/Underper- 
forming Schools Program. These schools are eligible to participate in the 
award programs identified in Section 1031. 

(b) For the purposes of these award programs, the API shall be the 
measure of accountability for all schools, except those that fall under the 



alternative accountability system, once such a system is adopted by the 
State Board of Education as required by Education Code section 
52052(g). The Superintendent of Public InstRiction will develop an alter- 
native accountability system for schools with fewer than 100 valid test 
scores, schools that fall under the jurisdiction of a county board of educa- 
tion or a county superintendent of schools, community day schools, and 
alternative schools, including continuation high schools and independent 
study schools. 

Alternafive schools may elect to be part of the API accountability sys- 
tem for the purposes of awards and interventions pursuant to the API. If 
the school elects to be part of the API accountability system, the school 
shall remain in the system for at least the three subsequent years. 

(c) For the purposes of these award programs, growth API means the 
API in the second year of two consecufive years for which the API is cal- 
culated. 

(d) In 2001 and subsequent years, a school's API shall be considered 
invahd under any of the following circumstances: 

( 1 ) The local educational agency nofifies the California Department of 
Education (department) that there were adult testing irregularifies at the 
school affecting 5% or more of the pupils tested. 

(2) The local educational agency notifies the department that the API 
is not representative of the pupil population at the school. 

(3) The local educational agency notifies the department that the 
school has experienced a significant demographic change in pupil popu- 
lation between the base year and growth year, and that the API between 
years is not comparable. 

(4) The school's proportion of parental waivers compared to its Stan- 
dardized Testing and Reporting Program (STAR) enrollment, pursuant 
to Education Code section 60640 et seq., is equal to or greater than 1 5 per- 
cent for the 2000 STAR. For the 2001 STAR and each subsequent STAR, 
the school's proportion of parental waivers compared to its STAR enroll- 
ment is equal to or greater than 10 percent, except when the school's pro- 
portion of parental waivers compared to its STAR enrollment is equal to 
or greater than 10 percent but less than 20 percent. In this case, the depart- 
ment will conduct standard statisfical tests to determine whether the pu- 
pils tested at the school represent the school's pupils by grade level. If the 
standard statistical tests demonstrate that the pupils tested represent the 
school's pupils, then the school's API shall be considered valid. If the 
standard statistical tests demonstrate that the pupils tested do not repre- 
sent the school's pupils, then the school's API shall be considered inval- 
id. There shall be no rounding in determining this minimum parental 
waiver proportion (i.e., 9.99 percent is not 10 percent). 

(5) In any content area tested pursuant to Education Code sections 
60642 and 60642.5 and included in the API, the school's proportion of 
the number of test-takers in that content area compared with the total 
number of test-takers is less than 85 percent. There shall be no rounding 
in determining the proportion of test-takers in each content area (i.e., 
84.99 percent is not 85 percent). 

(6) If, at any time, information is made available to or obtained by the 
department that would lead a reasonable person to conclude that one or 
more of the preceding circumstances occurred. If after reviewing the in- 
formation, the department determines that further invesfigation is war- 
ranted, the department may conduct an invesfigation to determine if the 
integrity of the API has been jeopardized. 

The department may invalidate or withhold the school' s API unfil such 
time that the department has safisfied itself that the integrity of the API 
has not been jeopardized. 



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Title 5 



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§ 1033 



(e) If a school's API is considered invalid pursuant to subdivisions 
{d)(l), (d)(2). (d)(4), or (d)(5). the school is ineligible for participation 
in any of the award programs for the current and subsequent year. If a 
school does not receive an API pursuant to subdivision (d)(3), the school 
is ineligible for participation in any of the award programs for the current 
year only. 

(f) If fewer than 5% of the pupils tested are affected by adult testing 
irregularities, the school will receive a valid API, however, the school is 
not eligible for participation in any of the award programs for the current 
year. 

(g) All schools that have an API score increase of at least 5% of the 
difference between the school's prior year score and 800 or an API score 
increase of five points, whichever is greater, and have comparable im- 
provement as defined in subdivision (h), and meet the minimum partici- 
pation rate in subdivision (i), shall be recognized through the Governor's 
Performance Award Program. 

(h) Comparable improvement for numerically significant ethnic or so- 
cioeconomically disadvantaged subgroups pursuant to Education Code 
section 52052(a) shall be defined as an API score increase of at least 80% 
of the school's API growth target as established pursuant to Education 
Code section 52052 except when the sum of a subgroup's growth target 
and the subgroup's API is greater or equal to 800. In these cases, compa- 
rable improvement shall be defined as the distance from the subgroup's 
API to 800. In no case shall comparable improvement be less than 4 
points. 

(i) For elementary and middle schools, the minimum participation rate 
for the awards programs shall be 95 percent; for high schools, it shall be 
90 percent, with the intention of increasing this rate to 95 percent in the 
future. 

( 1 ) If the test publisher determines, for grades 2 to 1 1 , that a pupil did 
attempt to take any content area tested pursuant to Education Code sec- 
tions 60642 and 60642.5 and included in the API, the pupil shall be 
counted as a test-taker. 

(2) No pupil shall be counted more than once as a test-taker. 

(3) The participation rate shall be calculated as follows: 

(A) Divide the total number of test-takers in grades 2-11 at the school 
site by 

(B) The total enrollment in grades 2-1 1 minus the number of pupils 
exempted from taking the test either by their Individualized Education 
Program (lEP) pursuant to Education Code section 60640(e) or parental 
waivers pursuant to Education Code section 60615. 

(4) For purposes of subdivision (3)(B) above, enrollment shall be de- 
termined by the enrollment information collected by the department as 
part of the Standardized Testing and Reporting Program (STAR), pur- 
suant to Education Code sections 60640 et seq. 

(5) In the case of pupil testing irregularities, the scores of affected pu- 
pils shall be ehminated from the calculations of the school's growth API, 
although the pupils are counted as tested and shall contribute to the 
school's participation rate. 

(6) There shall be no rounding in determining this minimum participa- 
tion rate (i.e., 94.9 percent does not equal 95 percent). 

(j ) The department will publish on its web site a report of STAR testing 
and demographic data used in the calculation and reporting of the API. 
Prior to publishing the report on its web site, the department will an- 
nounce the report in writing and/or by electronic communication to each 
local educational agency that appears in the API report. The local educa- 
tional agency must notify the department and the test publisher via e- 
mail or in writing whether there are errors in the STAR testing or demo- 
graphic data. The local education agency's notification must be received 
by the department and the test publisher within thirty (30) calendar days 
of the initial date of publication of the STAR testing and demographic 
data on the department's web-site. The local educational agency must 
submit all data corrections to the test publisher in writing or e-mail. The 
test publisher shall specify a deadline for submittal of the data corrections 



that is no less than forty-five (45) calendar days after the date of publica- 
tion of the STAR testing and demographic data. 

(k) The criteria for awards eligibility based on the 2001 growth API 
for a school that had its 2000 API invalidated solely because of excessive 
parental waivers pursuant to subdivision (d)(4) or for a school whose 
school district obtained a State Board of Education waiver of Section 
1032(c) on their behalf will be (1) twice the school's 1999 growth target 
or 10 points, whichever is greater, and (2) comparable improvement for 
numerically significant ethnic or socioeconomically disadvantaged sub- 
groups pursuant to Education Code section 52052(a), and the school has 
met all other 2001 eligibility criteria. Comparable improvement shall be 
defined as twice the 1999 subgroup target for each subgroup, except 
when the sum of a subgroup's 1999 growth target and the subgroup's 
1999 API is greater than or equal to 800. In these cases, comparable im- 
provement shall be defined as two times the distance from the subgroup's 
J 999 API to 800. In no case shall comparable improvement be less than 
8 points. While being eligible for the Governor's Performance Awards, 
such a school would not be eligible for awards under the Certificated 
Staff Performance Incentive Act (Education Code sections 44650 et 
seq.). 

NOTE: Authority cited: Sections 33031, 44650(b) and 52057(a). Education Code. 
Reference: Sections 44650-44652. 44654(b), 52052 and 52057, Education Code. 

History 

1 . New section filed 1 2-28-2000 as an emergency; operative i 2-28-2000 ( Regis- 
ter 2D00, No. 52). A Certificate of Compliance must be transmitted to OAL by 
4-27-2001 or emergency language will be repealed by operation of law on the 
following day. 

2. New subsection (d)(4) and subsection renumbering filed 1 -30-2001 as an emer- 
gency; operative 1-30-2001 (Register 2001, No. 5). A Certificate of Com- 
pliance must be transmitted to OAL by 5-30-2001 or emergency language will 
be repealed by operation of law on the following day. 

3. Certificate of Compliance as to 12-28-2(XX) and 1-30-2001 orders, including 
further amendments, transmitted to OAL 4-27-2001 and filed 6-11-2001 
(Register 2001, No. 24). 

4. Amendment of subsections (d)(4). (d)(6) and (h)( 1) and new subsection (j) filed 
8-2-2001 as an emergency; operative 8-2-2001 (Register 2001. No. 31). A 
Certificate of Compliance must be transmitted to OAL by 1 1-30-2001 or emer- 
gency language will be repealed by operation of law on the following day. 

5. Amendment of section heading and new subsection (i) filed 1 1-15-2001; op- 
erative 1 1-15-2001 pursuant to Government Code section 1 1343.4 (Register 
2001, No. 46). 

6. Certificate of Compliance as to 8-2-2001 order, including further amendment 
ofsection and Note, transmitted to OAL 11-21-2001 and filed 1-8-2002 (Reg- 
ister 2002, No. 2). 

§ 1033. Award Funding Criteria for Governor's 
Performance Award Program. 

(a) Schools that meet the eligibility requirements in 20{X)-0I for the 
Governor's Performance Award Program (GPA) shall receive a per pupil 
award amount for each of their eligible pupils. Eligible pupils are those 
who received a score on any subject matter area test (Total Reading, Total 
Math. Language, Spelling, Science, or Social Science) of the nationally 
normed test pursuant to Education Code section 60642 and a score on any 
standards-based achievement test pursuant to Education Code section 
60642.5. A score on the nationally normed test pursuant to Education 
Code section 60642 can be a percentile, the number correct, a scale score, 
or a normal curve equivalent. A score on the standards-based achieve- 
ment test pursuant to Education Code section 60642.5 is defined as the 
performance level. 

(b) The amount allocated for this award shall be determined on a prora- 
ta basis from the total amount of funding available in the annual State 
Budget. 

Note: Authority cited: Sections 33031 and 52057(a), Education Code. Refer- 
ence: Section 52057, Education Code. 

History 

1 . New secfion filed 1 2-28-2000 as an emergency; operative 1 2-28-2000 (Regis- 
ter 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 
4-27-2001 or emergency language will be repealed by operation of law on the 
following day. 

2. Amendment of subsections (a)(3) and (b) and new subsections (b)(l)-(5) filed 
1-30-2001 as an emergency; operative 1-30-2001 (Register 2001, No. 5). A 



Page 35 



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§1034 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Certificate of Compliance must be transmitted to OAL by 5-30-2001 or emer- 
gency language will be repealed by operation of law on the following day. 

3. Certificate of Compliance as to 12-28-2000 and 1-30-2001 orders, including 
new subsection (b)(6), transmitted to OAL 4-27-2001 and filed 6-1 1-2001 
(Register 2001, No. 24). 

4. Amendment of section heading and subsection (a), repealer of subsections 
(a)( 1 )-(3), redesignation and amendment of former subsection (a)(4) as sub.sec- 
tion (b), renumbering of former subsections (b)-(b)(6) to section 1034, subsec- 
tions (b)-(c) and new Notf. filed 1-8-2002; operative 1-8-2002 (Reeister 
2002, No. 2). 

§ 1 034. Specific Eligibility Criteria for the Certified Staff 
Performance Incentive Act. 

(a) To be eligible to receive awards under the Certified Staff Perfor- 
mance Incentive Act, school sites must have attained a statewide decile 
rank of 1-5 in the base year of the current growth API and must meet all 
of the relevant statutory requirements and each of the following require- 
ments: 

(1) Each school site must have improved by a minimum of two times 
its annual growth target on its API between the base year and the current 
growth year. 

(2) All numerically significant ethnic or socioeconomically disadvan- 
taged subgroups pursuant to Education Code section 52052(a) at a school 
must have improved by a minimum of two times their annual growth tar- 
gets, except when the sum of a subgroup's growth target and the sub- 
group's API is greater than or equal to 800. In these cases, comparable 
improvement shall be defined as two times the distance from the sub- 
group's API to 800. In no case shall comparable improvement be less 
than 8 points. 

(3) Each school site shall have the required participation rate for the 
current growth API, pursuant to Section 1032(i), as calculated by the 
California Department of Education. Each school must have been eligi- 
ble for API awards in the year preceding the current API growth year. 

(4) The local educational agency must complete an application on be- 
half of its eligible schools, which shall include: 

(A) Certification that the data used in the API calculations from the 
schools is accurate, and 

(B) The number of certificated positions on an FTE basis at each of the 
eligible schools pursuant to subdivision (b) below. 

(b) To participate in the Certificated Staff Performance Incentive Act 
(CSPIA) awards, school districts and charter schools shall certify, as ap- 
propriate, the number of full-time equivalent (FTE) certificated em- 
ployees employed by the school district or charter school, whether still 
resident in the school district or not, as of the second principal apportion- 
ment for the year in which the award was earned at each school site under 
their jurisdiction that is eligible for awards in accordance with Education 
Code section 4465 1 . 

(1 ) The "number of full-time equivalent (FTE) certificated employees 
employed by the school district or charter school, whether still resident 
in the school district or not, as of the second principal apportionment" 
shall be defined as the number of funded certificated FTE positions at the 
school site as of the date established annually by the department pursuant 
to Education Code sections 41335 and 41601 for the submission by 
school districts of the attendance documents necessary for the depart- 
ment to prepare the second principal apportionment. 

(2) "Employees at the school site" shall be defined as positions filled 
by individuals employed by the school district or charter school at least 
50 percent of the school year in which the award was earned, and who 
spent at least 50 percent of his/her total annual work hours at school sites, 
and who spent at least 20 percent of his/her total annual work hours at the 
eligible school site working with pupils in any of grades K-12. County 
office of education and state employees are not eligible to participate. 

(3) "Full-time equivalent (FTE) positions" may include "full-time" 
and "part-time" positions. A "full-time" certificated position shall be 
defined as a position filled by a person that is required to work a minimum 
of a six hour work day. Workdays longer than six hours, if in accordance 
with local collective bargaining agreements, should be used as the basis 
for "fuU-Ume" and "part-time" FTE calculation. One person cannot gen- 



erate more than one FTE position. Part-time positions shall generate a 
partial FTE on a proportional basis. 

(4) "Certificated employee" shall be defined as an employee in a posi- 
tion requiring certification and who holds a document issued by the 
California Commission on Teacher Credentialing authorizing service in 
the public schools of California. 

(5) "Document" shall be defined as a credential, emergency permit, or 
waiver issued by the California Commission on Teacher Credentialing. 

(c) Starting in 2001-02, the deadline for submitting the application, in- 
cluding the certification of FTEs to the department shall be within the 
close of business on the 45th calendar day after the department's posting 
on its website of the certified list of schools eligible to receive the Certifi- 
cated Staff Performance IncenUve Act award. If a school's application 
is not received by the department by the deadline, the school will not re- 
ceive the award. 

NOTE: Authority cited: Sections 33031, 44650(b) and 52057(a), Education Code. 
Reference: Sections 44650-44652 and 44654(b), Education Code. 

History 

1 . New section filed 1 2-28-2000 as an emergency; operafive 12-28-2000 (Regis- 
ter 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 
4-27-2001 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 12-28-2000 order, including amendment of 
subsection (d)(3), transmitted to OAL 4-27-2001 and filed 6-1 1-2001 (Regis- 
ter 2001, No. 24). 

3. Repealerof former section 1034, new subsections (a)-(a)(4)(B), and renumber- 
ing and amendment of former section 1033, subsections (b)-(b)(6) to section 
1034, subsections (b)-(c) filed 1-8-2002; operative 1-8-2002 (Register 2002, 

No. 2). 

§ 1035. Award Funding Criteria for Certificated Staff 
Performance Incentive Act. 

Distribution of Cerfificated Staff Performance Incentive Act awards 
pursuant to the 2000 growth API shall be as follows, with at least one 
thousand (1,000) $25,000 awards, three thousand seven hundred fifty 
(3,750) $10,000 awards and up to seven thousand five hundred (7,500) 
$5,000 awards being distributed in the process. The total amount of fund- 
ing for this Act provided in the annual State Budget shall be distributed 
proportionally across each of elementary, middle, and high schools state- 
wide by the number of certificated staff as reported in the most current 
CBEDS report. 

(a) Schools will be declared eligible or ineligible according to the rank 
of schools pursuant to EducaUon Code section 52052. An "eligible list" 
will be determined for each type of school (elementary, middle, and high) 
for the awards distribufion. 

(b) Beginning with the school on each of the three "eligible lists" with 
the greatest raw score API improvement over two times its annual target, 
the Superintendent of Public Instruction shall apportion $25,000 per cer- 
tificated school site staff FTE position to be distributed to the certificated 
school site staff in certificated positions at that school. The number of 
FTE positions counted shall be subtracted from the awards pool of 1 ,(X)0 
FTE posiUons. 

(c) Beginning with the school on each of the three "eligible lists" with 
the next greatest raw score API improvement over two rimes its annual 
target, the Superintendent of Public InstrucUon shall apportion $25,000 
per certificated school site staff FTE position to be distributed to the cer- 
tificated school site staff at that school. The number of FTE positions 
counted shall be subtracted from the awards pool remainder. 

(d) This process shall continue until all 1,000 $25,000/FTE awards 
have been allocated to the eligible school sites. If, before all 1 ,000 awards 
have been allocated, an eligible school site has more eligible FTE posi- 
tions than remain in the 1 ,000 FTE awards pool, all of that school site's 
FTE positions shall receive $25,000 awards. If more than one school site 
has an idenfical score in this circumstance, the school with the greatest 
improvement over it's API growth target in the prior year shall receive 
$25,000 awards. 

(e) Beginning with the school on each of the three "eligible lists" with 
the greatest raw score API improvement over two fimes its annual target 
that did not receive $25,000 rewards, the Superintendent of Public 



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Title 5 



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§ 1040 



Instruction shall apportion $10,000 per certificated school site staff FTE 
position to be distributed to the certificated school site staff at that school. 
The number of FTE positions counted shall be subtracted from the 
awards pool of 3,750 $10,000 awards. 

(f) Beginning with the school on each of the three "eligible lists" with 
the next greatest raw score API improvement over two times its annual 
target, the Superintendent of Public Instruction shall apportion $10,000 
per certificated school site staff FTE position to be distributed to the cer- 
tificated school site staff at that school. The number of FTE positions 
counted shall be subtracted from the awards pool remainder. 

(g) This process shall continue in consecutive order until all 3.750 
$10.000/FTE awards have been allocated to the school sites. If. before 
all 3,750 awards have been allocated, an eligible school site has more eli- 
gible FTE positions than remain in the 3,750 FTE pool, all of that school 
site's FTE positions shall receive $10,000 awards. If more than one 
school site has an identical score in this circumstance, the school with the 
greatest improvement over its API growth target in the prior year shall 
receive $10,000 awards. 

(h) The sum of the awards distributed under subdivisions (b) through 
(g) shall be subtracted from $100 million, and the remainder shall be di- 
vided by $5,000 to determine the maximum number of $5,000 awards to 
be distributed. The $5,000 awards shall be distributed in the same manner 
as the $25,000 and the $10,000 awards, with the exception that the dis- 
tribution process will end when the pool of available $5,000 awards is not 
sufficient to fully fund the eligible FTE positions of the next school or 
schools in line for the awards. 

NOTE: Authority cited: Sections 33031 , 44630(b) and 52057(a), Education Code. 
Reference: Sections 44650-44652, 44654(b), 52052 and 52057, Education Code. 

History 

1 . New section filed 1 2-28-2000 as an emergency; operative 12-28-2000 (Regis- 
ter 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 
4-27-2001 or emergency language will be repealed by operation of law on the 
following day. 

2. Editorial correcfion of Note (Register 2001, No. 4). 

3. Amendment of subsections (d) and (g) filed 1-30-2001 as an emergency; opera- 
tive 1-30-2001 (Register 2001, No. 5). A Certificate of Compliance must be 
transmitted to OAL by 5-30-2001 or emergency language will be repealed by 
operation of law on the following day. 

4. Certificate of Compliance as to 12-28-2000 and 1-30-2001 orders, including 
further amendments, transmitted to OAL 4-27-2001 and filed 6-11-2001 
(Register 2001, No. 24). 

5. Amendment of subsections (d) and (g) filed 1-8-2002; operative 1-8-2002 
(Register 2002, No. 2). 

§1036. Waiver Deadline. 

Starting in 2000-01, the deadline for submitting to the department a 
waiver of any of Sections 1031 through 1039 shall be no later than the 
close of business on the 60th calendar day after the department's posting 
on its website of the certified hst of schools eligible to receive the Gover- 
nor's Performance Award. 

NOTE: Authority cited: Sections 33031 and 52057(a), Education Code. Refer- 
ence: Sections 52052 and 52057, Education Code. 

History 

1 . New section filed 1 2-28-2000 as an emergency ; operative 1 2-28-2000 (Regis- 
ter 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 
4-27-2001 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 12-28-2000 order, including amendment of 
subsection (a), transmitted to OAL 4-27-2001 and filed 6-1 1-2001 (Register 
2001. No. 24). 

3. Amendment of section heading, repealer and new section and amendment of 
NOTE filed 1-8-2002; operative 1-8-2002 (Register 2002, No. 2). 

§ 1037. Exemption from Statutory Benefits Calculations. 

Certificated Staff Performance Incentive Act awards shall not be con- 
sidered compensation for the purposes of calculating retirement benefits 
or contributions, or for any other benefit that an employee is eligible to 
receive where the benefit or contribution amount is calculated based on 
compensation. 

NOTE: Authority cited: Sections 33031 , 44650(b) and 52057(a), Educafion Code. 
Reference: Section 44654(b), Education Code. 



History 

1. New section filed 12-28-2000 as an emergency; operative 12-28-2000 (Regis- 
ter 2000, No. 52). A Certificate of Compliance must be transmitted to OAL by 
4-27-2001 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 12-28-2000 order transmitted to OAL 
4-27-2001 and filed 6-1 1-2001 (Register 2001, No. 24). 

3. Amendment filed 1-8-2002; operative 1-8-2002 (Register 2002. No. 2). 

§ 1038. Exemption from Indirect Costs. 

Governor's Perforinance Awards and Certificated Staff Performance 
Incentive Act awards shall not be subject to school district, county, or 
school indirect charges or other administrative charges. 
Note: Authority cited: Sections 3303 1 . 44650(b) and 52057(a). Education Code. 
Reference: Sections 44650-44652. 44654(b). 52052 and 52057. Education Code. 

History 
l.Newsecnon filed 12-28-2000 as an emergency; operative 12-28-2000 (Regis- 
ter 2000. No. 52). A Certificate of Compliance must be transmitted to OAL by 
4-27-2001 or emergency language will be repealed by operation of law on the 
following day. 

2. Renumbering of former section 1038 to section 1039 and new section 1038filed 
1-30-2001 as an emergency; operative 1-30-2001 (Register 2001, No. 5). A 
Certificate of Compliance must be transmitted to OAL by 5-30-2(X)l or emer- 
gency language will be repealed by operation of law on the following day. 

3. Certificate of Compliance as to 12-28-2000 and 1-30-2001 orders, including 
amendment of Note, transmitted to OAL 4-27-2001 and filed 6-1 1-2001 
(Register2001.No. 24). 

4. Amendment of section and Note filed 1 -8-2002; operative 1 -8-2002 ( Register 
2002, No. 2). 

§ 1039. Use of Award Funds Allocated to School Sites. 

Use of funds at the school site for the Governor's Performance Award 
Program shall be decided by the existing school site governance team/ 
school site council representing major stakeholders and then ratified by 
the governing board of each local educational agency. 
Note: Authority cited: Sections 33031 and 52057(a), Education Code. Refer- 
ence: Sections 52052 and 52057. Education Code. 

History 

1. Renumbering of former section 1038 to section 1039 filed 1-30-2001 as an 
emergency; operative 1-30-2001 (Register 2001, No. 5). A Certificate of Com- 
pliance must be transmitted to OAL by 5-30-2001 or emergency language will 
be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 1-30-2001 order transmitted to OAL 
4-27-2001 and filed 6-11-2001 (Register 2001, No. 24). 

3. Amendment of section and Note filed 1-8-2002; operative 1 -8-2002 (Register 
2002, No. 2). 



Article 2. 



Physical Performance Testing 
Programs 



§1040. Definitions. 

For the purpose of the physical performance test required by Educa- 
tion Code section 60800, and also referred to as the Physical Fitness Test 
(PFT), the following definiUons shall apply: 

(a) "Accommodations" means any variation in the assessment envi- 
ronment or process that does not fundamentally alter what the test mea- 
sures or affect the comparability of scores. 

(b) "Annual assessment window" begins on February 1 and ends on 
May 31 of each school year. 

(c) "Block schedule" is a restructuring of the school day whereby pu- 
pils attend half as many classes, for twice as long. 

(d) "District Physical Fitness Test Coordinator" is an employee of the 
school district designated by the :superintendent of the district to oversee 
the administration of the PFT within the district. 

(e) ''FITNESSGRAM®'' November, 2005, is the California Physical 
Fitness Test designated by the State Board of Education (SBE), a docu- 
ment incorporated by reference. 

(f) "Grade" for the purpose of the PFT means the grade assigned to the 
pupil by the school district at the time of testing. 

(g) "Modification" means any variation in the assessment environ- 
ment or process that fundamentally alters what the test measures or af- 
fects the comparability of scores. 



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§1041 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



(h) "Pupil" is a person in grades 5. 7 or 9, enrolled in a California public 
school or placed in a non-public school through the individualized 
education program (lEP) process pursuant to Education Code section 
58365. 

(i) "School district" includes elementary, high school, and unified 
school districts, county offices or education, any charter school that for 
assessment purposes does not elect to be part of the school district or 
county office of education that granted the charter, and any charter school 
chartered by the SBE. 

(i) "Test administration manual" is the Updated Third Edition 
HTNESSGRAM/ACTIVITYGRAM, a document incorporated by 
reference. A copy is available for review from CDE staff in the Standards 
and Assessment Division. 

(k) "Test examiner" is an employee of the school district who adminis- 
ters the PFT. 

(/) "Variation" is a change in the manner in which a test is presented 
or administered, or in how a test taker is allowed to respond, and includes, 
but is not limited to accommodations and modifications. 
NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
60603 and 60608, Education Code. 

History 

1. Repealer filed 9-25-69; effective thirtieth day thereafter (Register 69, No. 39). 

2. New Note filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 
39). 

3. Amendment of section heading, new section and amendment of Note filed 
7-31-2006; operative 8-30-2006 (Register 2006, No. 3r). 

§1041. Required Program. 

(a) During the annual assessment window, the governing board of 
each school district maintaining grades 5, 7, and 9, or any one or more 
of such grades, shall administer to each pupil in those grades the physical 
performance test, FITNESSGRAM®, designated by the State Board of 
Education. This includes pupils who attend schools that are on a block 
schedule and whose pupils may not be enrolled in physical education 
classes during the annual assessment window. 

(b) All pupils in grades 5. 7 and 9 shall only take the test once during 
the annual assessment window. 

(c) School districts shall test all pupils in alternative education pro- 
grams conducted off the regular school campus, including, but not lim- 
ited to continuation schools, independent study, community day schools, 
and county community schools. 

(d) No test shall be administered in a home or hospital except by a test 
examiner. No test shall be administered to a pupil by the parent or guard- 
ian of that pupil. 

(e) Pupils shall be tested in each fitness component included in the PFT 
unless exempt by the pupil's lEP or Section 504 plan. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
60615 and 60800, Education Code. 

History 

1. Amendment filed 9-25-69; effective thirtieth day thereafter (Register 69, No. 
39). 

2. Amendment filed 5-18-72; effective thirtieth day thereafter (Register 72. No. 
21). 

3. Amendment filed 5-1 1-89 and 5-15-89; operative 5-15-89 (Register 89, No. 
20). 

4. Amendment of section and Note filed 7-31-2006; operative 8-30-2006 (Reg- 
ister 2006, No. 31). 

§ 1042. Recommended Program. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Secfion 
60605, Educafion Code. 

History 
1. Repealer of section and new Note filed 7-31-2006; operaUve 8-30-2006 (Reg- 
ister 2006, No. 31). 

§1043. Methods of Administration. 

(a) The tests shall be administered and scored by employees of the dis- 
trict or the employees of the county superintendent of schools. The scor- 
ing thereof shall be in compliance with the instructions of the publisher 
or developer for scoring, and the scores shall be submitted to the govern- 



ing board of the school district on the dates required by, and on forms pre- 
scribed or approved by, such governing board. 

(b) Districts may provide an alternative date for make-up based on ab- 
sence or temporary physical restriction or limitations (e.g., recovering 
from illness or injury). 

NOTE: Authority cited: Section 33031. Educafion Code. Reference: Secfion 
60800, Education Code. 

History 
1. Amendment of section and new Note filed 7-31-2006; operative 8-30-2006 
(Register2006, No. 31). 

§ 1043.2. Test Administration Training. 

(a) For valid results, districts shall use the test administration manual 
provided for the test designated by the SBE. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
60800, Education Code. 

History 

1. New section filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31). 

§ 1043.4. District Physical Fitness Test Coordinator. 

(a) On or before November 1 of each school year, the superintendent 
of each school district, county office of education, and independent char- 
ter school may designate from among its employees a District Physical 
Fitness Test Coordinator. If a District Physical Fitness Test Coordinator 
is designated, the superintendent shall notify the contractor for the PFT 
of the identity and contact information of the District Physical Fitness 
Test Coordinator. The District Physical Fitness Test Coordinator shall be 
available throughout the year and shall serve as the liaison between the 
school district and the CDE for all matters related to the PFT. 

(b) The District Physical Fitness Test Coordinator responsibilities in- 
clude, but are not limited to, the following: 

( 1 ) Responding to correspondence and inquiries from the contractor 
in a timely manner and as provided in the contractor's instructions. 

(2) Determining school district and individual school test and test ma- 
terial needs. 

(3) Overseeing the administration of the PFT to pupils. 

(4) Overseeing the collection and return of all test data to the contrac- 
tor. 

(5) Ensuring that all test data are received from school test sites within 
the school district in sufficient time to satisfy the reporting requirements. 

(6) Ensuring that all test data are sent to the test contractor by June 30 

of each year. 

NOTE; Authority cited: Secfion 33031, Educafion Code. Reference: Section 
60800, Education Code. 

History 
1 . New section filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31). 

§ 1043.6. Data for Analysis of Pupil Proficiency. 

(a) Each school district shall provide the contractor of the PFT the 
California School Information Services (CSIS) student identification 
number and demographic information for each pupil tested for purposes 
of the analyses and reporting. 

(b) The demographic information required by subdivision (a) is for the 
purpose of aggregate analyses and reporting only. 

(c) School districts shall provide the same information for each pupil 
enrolled in an alternative or off-campus program, or for pupils placed in 
nonpublic schools, as provided for all other pupils. 

NOTE: Authority cited: Secfion 33031, Educafion Code. Reference: Section 
49061, 60605 and 60800, Education Code; and 20 USC Secfion 1232g. 

History 

1. New secfion filed 7-31-2006; operafive 8-30-2006 (Register 2006, No. 31). 

§ 1 043.8. Reporting Test Scores. 

No aggregate or group scores or reports that are compiled pursuant to 
Education Code section 60800 shall be reported electronically, in hard 
copy, or in other media, to any audience other than the school or school 
district where the pupils were tested, if the aggregate of group scores or 
reports are composed of ten (10) or fewer individual pupil scores. In each 
instance in which no score is reported for this reason, the notation shall 
appear: "The number of pupils in this category is loo small for statistical 



Page 38 



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Title 5 



California Department of Education 



§ 1063 



• 



accuracy or privacy protection." In no case shall any group score be re- 
ported that would deliberately or inadvertently make public the score or 
performance of any individual pupil. 

Noi'E; Authority cited: Section .13031 and 60605. Education Code. Reference: 
Section 49061, 60605 and 60800, Education Code: 20 USC Section 12322; 34 
CFR part 99: and 20 USC Section 631 l(bK3)(C)xiii. 

History 
1. New section filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31). 

§ 1 043.1 0. Reports of Results. 

Results shall be provided to each pupil after completing the test. The 
results may be provided orally or in writing. 

NoiE: Authority cited: Section 33031, Education Code. Reference: Section 
60800, Education Code. 

History 
1. New section Hied 7-31-2006; operative 8-30-2006 (Register 2006, No. 31 ). 

§ 1044. Recording Test Scores. 

The district superintendent or the county superintendent of schools, as 
the case may be, shall require that the pupil's scores on each of the tests 
given him or her in the physical performance testing program be included 
in the pupil's cumulative record. This requirement may be met by main- 
taining the regular physical performance testing program card with the 
cumulative record form. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
60800. Education Code. 

History 
1. Amendment of section and new Note filed 7-31-2006; operative 8-30-2006 

(Register2006, No. 31). 

§ 1 045. Responsibility of County Superintendent of 
Schools. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
60610, Education Code. 

History 

1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 
39). 

2 . Repealer of section and new Note filed 7-3 1 -2006; operative 8-30-2006 (Reg- 
ister 2006, No. 31). 

§ 1 046. Use of Reports. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
60800, Education Code. 

History 
1 . Repealer of section and new Note filed 7-31-2006; operative 8-30-2006 (Reg- 
ister 2006, No, 31). 



Article 2.5. Testing 
Variations/Accommodations 

§ 1047. Testing Variations and Accommodations Available 
to Pupils. 

(a) Each pupil with an lEP or Section 504 plan shall be given as much 
of the test as his or her condition will permit. 

(b) School districts may provide all pupils the following test varia- 
tions: 

(1 ) extra time within a testing day. 

(2) test directions that are simplified or clarified. 

(c) All pupils may have the following testing variations if regularly 
used in the classroom: 

(1) audio amplification equipment. 

(2) test individual student separately provided that the pupil is directly 
supervised by the test examiner. 

(3) Manually Coded English or American Sign Language to present 
directions for test administration. 

(d) School districts may provide pupils with disabilities the following 
accommodations when administering the PFT if specified in the pupil's 
lEP or Section 504 plan: 

(1) Administration of the PFT at the most beneficial time of day to the 
pupil after consultation with the test contractor. 



(2) Administration of the PR" by a test examiner to the pupil at home 
or in the hospital. 

(3) Any other accommodation specified in the pupil's lEP or Section 
504 plan for the PFT. 

Note: Authority cited: Section 3303 1 , Education Code. Reference: 20 USC Sec- 
tion 1400, e( see].; 29 USC Section 794; and 42 USC Section 12132 and 12133. 

History 
1. New section filed 7-31-2006; operative 8-30-2006 (Register 2006, No. 31 ). 

§ 1 048. Testing Variations Available to English Learners. 

School districts may provide identified English learner pupils the fol- 
lowing additional testing variations if regulariy used in the classroom or 
for assessment: 

(1) English learners may have the opportunity to be tested separately 
with other English learners provided that the pupil is directly supervised 
by the test examiner. 

(2) English learners may have the opportunity to hear the test direc- 
tions printed in the test contractor's manual translated into their primary 
language. English learners may have the opportunity to ask clarifying 
questions about the test directions in their primary language. 

NOTE: Authority cited: Section 33031. Education Code. Reference: Section 
60800, Education Code. 

History 
1. New section filed 7-31-2006; operative 8-30-2006 (Register 2006. No. 31). 



Article 3. Reading Testing Programs in 
Grades 1, 2, and 3 

NOTE: Authority cited: Sections 33031, .54103, 60602, 60603, 60607. 60640. 

Education Code. Reference: Sections 60640-60644, Education Code. 

History 

1. Repealer of Article 3 (Sections 1050-1060) filed 1 1-29-79; effective thirtieth 
day thereafter (Register 79, No. 48). For prior history, see Registers 77. No. 39, 
76, No. 40, 74, No. 52, 72, No. 1 8, 72, No. 8, 7 1 , No. 25, 69, No. 39 and 67. No. 
51. 



Article 4. 



Alternative Assessment Pilot 
Project 



§1061. Eligibility. 

NOTE: Authority cited: Sections 3.3031 and 60731, Education Code. Reference: 
Sections 60730, 60731 and 60731.5, Education Code. 

History 

1. New section filed 5-20-91 as an emergency; operative 5-20-91 (Regisler91, 
No. 26). A Certificate of Compliance must be transmitted toOAL by 9-17-91 
or emergency language will be repealed by operation of law on the following 
day. 

2. Repealed by operation of Government Code section 1 1346.1(g) (Register 92. 
No. 39). 

§1062. Application Process. 

NOTE; Authority cited: Sections 33031 and 60730, Education Code. Reference: 
Sections 60730, 60731 and 60731.5, Education Code. 

History 

1. New section filed 5-20-91 as an emergency; operative 5-20-91 (Register 91. 
No. 26). A Certificate of Compliance rnust be transmitted to OAL by 9-17-9 1 
or emergency language will be repealed by operation of law on the following 
day. 

2. Repealed by operation of Government Code section 1 1346.1(g) (Register 92, 
No. 39). 

§ 1063. Mandatory Application Requirements and Review 
Process. 

NOTE: Authority cited: Sections 33031 and 60730, Education Code. Reference: 
Sections 60731, 60731.5 and 60731 6, EducaUon Code; and Statutes of 1990, 
Chapter 12, Section 1. 

History 

1. New section filed 5-20-91 as an emergency; operative 5-20-91 (Register 91, 
No. 26). A Certificate of Compliance must be transmitted to OAL by 9- 1 7-9 1 
or emergency language will be repealed by operation of law on the following 
day. 

2. Repealed by operation of Government Code section 11346.1(g) (Register 92, 
No. 39). 



Page 38.1 



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§1064 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



3. Editorial correction of Authority cite (Register 95, No. 9). 

§ 1064. Quality Requirements and Review Process. 

NOTE: Authority cited: Sections 33031 and 60730, Education Code. Reference: 
Sections 60731, 60731.5 and 60731.6, Education Code; and Statutes of 1990, 
Chapter 12, Section 1. 

History 

1. New section filed 5-20-91 as an emergency; operative 5-20-91 (Register 91, 
No. 26). A Certificate of Compliance must be transmitted to OAL by 9-17-91 
or emergency language will be repealed by operation of law on the following 
day. 

2. Repealed by operation of Government Code section 1 1346.1(e) (Register 92, 
No. 39). 

§ 1 065. Eligibility of Agency Providing Independent 
Evaluation. 

NOTE: Authority cited: Sections 33031 and 60731, Education Code. Reference: 
Sections 60730 and 60731.5, Education Code; and Statutes of 1990. Chapter 12, 
Section 1. 

History 

1 . New section filed 5-20-9 1 as an emergency; operative 5-20-91 (Register 91 , 
No. 26). A Certificate of Compliance must be transmitted to OAL by 9-17-91 
or emergency language will be repealed by operation of law on the following 
day. 

2. Repealed by operation of Government Code section 1 1346.1(g) (Register 92, 
No. 39). 



§ 1066. Evaluation of Proposals to Conduct Independent 
Evaluation. 

NOTE: Authority cited: Sections 33031 and 60730, Education Code. Reference: 
Sections 60730 and 60731.5, Education Code. 

History 

1 . New section filed 5-20-91 as an emergency; operative 5-20-91 (Register 91, 
No. 26). A Certificate of Compliance must be transmitted to OAL by 9-17-9 1 
or emergency language will be repealed by operation of law on the following 
day. 

2. Repealed by operation of Government Code section 1 1346.1(e) (Register 92, 
No. 39). 



§ 1067. Rating Criteria for Selecting Independent 
Evaluation Agency. 

NOTE: Authority cited: Sections 33031 and 60730, Education Code. Reference: 
Sections 60730, 60731.5 and 60731.6, Education Code; and Statutes of 1990, 
Chapter 12, Section 1. 

History 

1 . New section filed 5-20-91 as an emergency; operative 5-20-91 (Register 91, 
No. 26). A Certificate of Compliance must be transmitted to OAL by 9-17-91 
or emergency language will be repealed by operation of law on the following 
day. 

2. Repealed by operation of Government Code section 1 1346.1(g) (Register 92, 
No. 39). 



• 



[The next page is 39.] 



Page 38.2 



Register 2006, No. 31; 8-4-2006 



Title 5 



California Department of Education 



§ 1072 



Article 5. Alternative Schools 

Accountability Model Pre^Post 

Assessments 



§ 1068. Application of this Article. 

This article shall only apply to schools that are registered in the Alter- 
native Schools Accountability Model ( ASAM) and have chosen to adopt 
a pre-post assessment instrument as an indicator for use in the ASAM. 
Note: Authority cited: Section 33031, Education Code. Reference: Section 
52052. Education Code. 

History 

1 . New article 5 (sections 1 068-1074) and section fded 7-2 1 -2003 as an emergen- 
cy; operative 7-21-2003 (Register 2003, No. 30). A Certificate of Compliance 
must be transmitted to OAL by 1 1-1 8-2003 or emergency language will be re- 
pealed by operation of law on the following day. 

2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 
9-25-2003 and filed 1 1-6-2003 (Register 2003, No. 45). 

§1069. Definitions. 

For the purposes of this article, the following definitions apply: 

(a) "Pre-post assessment instrument" is an assessment instrument 
available for adoption as an indicator of achievement by schools in the 
ASAM. 

(b) "Pre-tesi" is an initial assessment given no later than 20 instruc- 
tional days following the pupil's first day of enrollment in the ASAM 
school. 

(c) "Post-test" is an assessment given after a minimum of 30 days of 
instruction following the administration of the pre-test. 

(d) "ASAM test site coordinator" means the ASAM school principal 
or other district employee designated by the district superintendent to 
oversee the acquisition, and the secure distribution, administration, scor- 
ing, and reporting of a pre-post assessment instrument at the school site. 

(e) "Test Administrator" means a certificated employee or paraprofes- 
sional employee of a school district trained in the administration of a pre- 
post assessment instrument by the ASAM test site coordinator. 

(f) "Long-term student" is a student who has been confinuously en- 
rolled in the ASAM school for a minimum of 90 consecutive school days 
during the school year. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
52052. Education Code. 

History 

1 . New section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 
2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 
1 1-18-2003 or emergency language will berepealedby operation of law on the 
following day. 

2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 
9-25-2003 and filed 1 1-6-2003 (Register 2003. No. 45). 

§ 1070. Administration of Pre-Post Assessment 
Instrument. 

(a) In order to yield reliable and valid results, each pre-post assess- 
inent instrument shall be administered in accordance with directions pro- 
vided in the publisher's assessment administrafion manual. 

(b) The school's ASAM test site coordinator shall oversee the admin- 
istration of all pre-post assessment instruments to ensure adherence to 
the directions provided in the publisher's assessment administration 
manual. 

NotE: Authority cited: Section 33031, Education Code. Reference: Section 
52052, Education Code. 

History 

1 . New section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 
2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 
1 1-18-2003 or emergency language will be repealed by operation oflaw on the 
following day. 

2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 
9-25-2003 and filed 1 1-6-2003 (Register 2003, No. 45). 



§ 1 071 . Test Administrator Eligibility. 

Any certificated employee of a school district trained in the adminis- 
tration of the pre-post assessment instruinent may administer the as,sess- 
ment. Trained paraprofessional employees of the district may administer 
the pre-post assessment instrument under the direct supervision of a 
trained cerdficated employee. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
52052, Education Code. 

History 

1. New section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 
2003. No. 30). A Certificate of Compliance must be transmitted to OAL by 
1 1-18-2003 oremergency language will be repealed by operation oflaw on the 
following day. 

2. CerUficate of Compliance as to 7-21-2003 order transmitted to OAL 
9-25-2003 and filed 1 1-6-2003 (Register 2003, No. 45). 

§ 1072. Security and Storage Requirements. 

(a) To ensure security of the pre-post assessment instruinents, all 
ASAM assessment test site coordinators (coordinators) shall sign the 
ASAM Pre-Post Assessment Security Agreement as set forth in subdivi- 
sion (b). 

(b) The ASAM Pre-Post Assessment Security Agreement shall be as 
follows: 

ASAM PRE-POST ASSESSMENT SECURITY AGREEMENT 
The coordinator acknowledges by his or her signature on this form that 
the ASAM pre-post assessment instalments are secure assessments and 
agrees to each of the following condifions to ensure test security: 

(1 ) The coordinator will take all necessary precautions to safeguard all 
pre-post assessment instruments and assessment materials by limiting 
access to persons within the school district with a responsible, profes- 
sional interest in the assessment instruments' security. 

(2) The coordinator will keep on file the names of persons having ac- 
cess to pre-post assessment instruments and assessment materials. All 
persons having access to the materials shall be required by the coordina- 
tor to sign the ASAM Pre-Post Assessment Security Affidavit that will 
be kept on file in the school and school district office. 

(3) The coordinator will keep the pre-post assessment instruments and 
assessment materials in a secure, locked location at the school site, limit- 
ing access to only those persons responsible for assessment security, ex- 
cept on actual administration dates. 

(4) The coordinator will be responsible for ensuring the security of all 
scoring activifies whether done at the school site, the district office, or by 
an external contractor. 

By signing my name to this document, I am assuring that I and anyone 
having access to the pre-post assessment instruments will sign a security 
affidavit. 

By: 

Title: 

School: 

School District: 

Date: 

(c) All persons having access to the ASAM pre-post assessment 
instruments, including but not limited to the coordinator and test admin- 
istrators, shall acknowledge the limited purpose of their access to the as- 
sessment instruments by signing the ASAM Pre-Post Assessment Secu- 
rity Affidavit set forth in subdivision (d). 

(d) The ASAM Pre-Post Test Security Affidavit shall be as follows: 
ASAM PRE-POST ASSESSMENT SECURITY AFFIDAVIT 

I acknowledge that I will have access to the ASAM pre-post assess- 
ment instruments for the purpose of administering or scoring the assess- 
ments. I understand that these materials are highly secure, and it is my 
professional responsibility to protect their security as follows: 

(1)1 will not divulge the contents of the pre-post assessment instru- 
ments to any other person. 

(2) I will not copy any part of the pre-post assessment instruments or 
assessment materials. 

(3) I will keep the pre-post assessment instruments secure until the as- 
sessments are actually distributed to pupils or, in the case of computer- 



Page 39 



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§1073 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



administered assessments, the pupils actually log on to begin the assess- 
ments. 

(4) I will limit pupils' access to the pre-post assessment instalments 
and assessment to the actual testing periods. 

(5) I will not permit pupils to remove pre-post assessment instruments 
and assessment materials from the room where testing takes place. 

(6) I will not disclose, or allow to be disclosed, the contents of, or the 
scoring keys to, the pre-post assessment instruments. 

(7) I will return all pre-post assessment instruments and assessment 
materials to the designated coordinator upon completion of the assess- 
ment administration. 

(8) I will not interfere with the independent work of any pupil taking 
a pre-post assessment and 1 will not compromise the security of the as- 
sessment instrument by means including, but not limited to: 

(A) Providing pupils with access to pre-post assessment questions 
prior to administration of the assessment instrument. 

(B) Copying, reproducing, transmitting, distributing or using in any 
manner inconsistent with test security all or any portion of any secure 
pre-post assessment instrument. 

(C) Coaching pupils during administration of the assessment instru- 
ment or altering or interfering with the pupils' responses in any way. 

(D) Making answer keys available to pupils. 

(E) Failing to follow security rules for distribution and return of secure 
pre-post assessment instruments as directed, or failing to account for all 
secure pre-post assessment instruments and assessment materials be- 
fore, during, and after their administration. 

(F) Failing to follow administration directions specified in the publish- 
er's assessment administration manual. 

(G) Participating in, directing, aiding, counseling, assisting in, or en- 
couraging any of the acts prohibited in this section. 

Signed: 

Print Name: 

Position: ^____^_______ 

School: 

School District: 

Date: 



NOTE; Authority cited: Section 33031, Education Code. Reference: Section 
52052, Education Code. 

History 

1 . New section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 
2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 
1 1 -1 8-2003 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 
9-25-2003 and filed 11-6-2003 (Register 2003, No. 45). 

§1073. Scoring. 

All pre-post assessment instruments scored at the school site or dis- 
trict office shall be scored under the supervision of the coordinator. The 
coordinator will monitor the contract for any scoring activities carried 
out by an external contractor. All scoring shall be done following the 
instructions and using the answer keys provided by the publisher of the 
specific pre-post assessment instrument. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
52052, Education Code. 

History 

1 . New section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 
2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 
1 1-18-2003 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 
9-25-2003 and filed 1 1-6-2003 (Register 2003, No. 45). 

§1074. Reporting. 

School districts that have adopted a pre-post assessment instrument 
as an indicator of achievement for an AS AM school shall submit the fol- 
lowing information for each long-term student enrolled in the school. 

(a) Local student Identification number (as available). 

(b) Test name and form. 

(c) Dates pre-post assessment instruments were administered. 



(d) Scores on each assessment instrument. 

(e) Student demographics: 

( 1 ) Date of birth. 

(2) Grade level. 

(3) Gender. 

(4) Language lluency and home language. 

(5) Special program participation. 

(6) Testing adaptations or accommodations. 

(7) Amount of time in school district and in California public schools. 

(8) Ethnicity. 

(9) Parent education level. 

(10) Handicapping condition or disability. 

This information is for the purpose of aggregate analyses only. 

Districts shall submit the ASAM pre-post assessment instrument re- 
sults to CDE or its designee by October 28 each year. 
NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
52052, Education Code. 

History 

1. New section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 
2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 
11-1 8-2003 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 
9-25-2003 and filed 11-6-2003 (Register 2003, No. 45). 

3. Amendment of final paragraph filed 5-25-2006; operative 6-24-2006 (Regis- 
ter 2006, No. 21). 



Subchapter 6. California High School Exit 
Examination 



Article 1. General 

§1200. Definitions. 

For the purposes of the high school exit examination, the following 
definitions shall apply: 

(a) "CDE" is the Cahfomia Department of Education. 

(b) "District coordinator" is an employee of the school district desig- 
nated by the superintendent of the district to oversee the administration 
of the high school exit examination within the district. 

(c) "Eligible adult student" is a person enrolled in an adult school oper- 
ated by a school district who is working to attain a high school diploma 
and has not passed both the English-language arts section and the mathe- 
matics section of the high school exit examination. This term does not in- 
clude pupils who are concurrently enrolled in high school and adult 
school. 

(d) "Eligible pupil" is a person enrolled in a California public school 
in grade 1 0, 1 1 , or 1 2, including those pupils placed in a nonpublic school 
through the individualized education program (lEP) process pursuant to 
Education Code section 56365, who has not passed both the English-lan- 
guage arts section and the mathematics section of the high school exit ex- 
amination. 

(e) "Examination" is the high school exit examination. 

(0 "Excessive materials" is the difference between the sum of the 
number of tests scored and 80 percent of the tests ordered by the school 
district for the entire school year. The difference must be greater than 1 00 
to be "excessive materials." 

(g) "Grade" for the purposes of the high school exit examination 
means the grade assigned to the pupil by the school district at the time of 
testing. 

(h) "Grade 10 census administration" is the administration of the high 
school exit examination during which all eligible pupils in grade 10 are 
to take the examination. 

(i) "Opportunity" shall refer to a chance an eligible pupil or eligible 
adult student is provided to take the section(s) of the examination not yet 
passed. 

(j) "School district" includes unified and high school districts, county 
offices of education, any charter school that for assessment purposes 



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§ 1204.5 



does not elect to be part of the school district or county office of education 
that granted the charter, and any charter school chartered by the State 
Board of Education (SBE). 

(k) "Scribe" is an employee of the school district, or a person assigned 
by a nonpublic school to implement a pupil's lEP and is required to tran- 
scribe an eligible pupil's or eligible adult student's responses to the for- 
mat required by the examination. No parent or guardian is eligible to be 
a scribe for their own pupil or student. 

(/) "Section," "portion." and "part(s)" of the examination shall refer to 
either the English-language arts section of the high school exit examina- 
tion or the mathematics section of the high school exit examination. 

(m) "Significant medical emergency" is a significant accident, trauma, 
or illness (mental or physical) that precludes a pupil in grade 10 from tak- 
ing the examination. An accident, trauma or illness is significant if the 
pupil has been determined by a licensed physician to be unable lo partici- 
pate in the examination. 

(n) "Test administration" is the period of time starting with the deliv- 
ery of the secure testing materials to the district and ending with the return 
shipment of materials to the test contractor, and includes the period of 
time during which eligible pupils or eligible adult students take one or 
both sections of the examination. 

(o) "Test examiner" is an employee of a school district, or a person as- 
signed by a nonpublic school to implement a student's lEP, who has re- 
ceived training specifically designed to prepare him or her to administer 
the high school exit examination. 

(p) "Test materials" are materials necessary to administer the ex- 
amination, including but not limited to test manuals, pupil test booklets, 
answer documents, special test versions, and other materials developed 
and provided by the test contractor. 

(q) "Test proctor" is an employee of a school district, or a person as- 
signed by a nonpublic school to implement a pupil's lEP, who has re- 
ceived training specifically designed to prepare him or her to assist the 
test examiner in administration of the high school exit examination. 

(r) "Test site coordinator" is an employee of the school district desig- 
nated by the district coordinator or the superintendent or a person as- 
signed by a nonpublic school to implement a student's lEP. who oversees 
the administration of the high school exit examination at each test site at 
which the examination is given. 

(s) "Variation" is a change in the manner in which a test is presented 
or administered, or in how a test taker is allowed to respond, and includes, 
but is not limited to. accommodations and modifications as defined in 
Education Code section 60850. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
52504. 56365, 60850 and 60851, Education Code; and 20 USC Section 631 1 . 

History 

1 . Amendment of subchapter 6 heading and new subchapter 6 (articles 1-5, sec- 
tions 12(X)-1225), article 1 (section 1200) and section filed 6-20-2001 ; opera- 
live 7-20-2001 (Register 2001, No. 25). For prior history of subchapter 6, see 
Register 76, No. 3. 

2. Amendment of subsections (e) and (g) and amendment of Note filed 5-1 -2003; 
operative 5-1-2003 pursuant to Government Code section 11343.4 (Register 
2003, No. 18). 

3. Amendment of section and Note filed 5-19-2004; operative 5-19-2004 pur- 
suant to Government Code section 1 1343.4(c) (Register 2004, No. 21). 

4. Amendment of section and Note filed 8-16-2005; operative 8-16-2005 pur- 
suant to Government Code section 1 1343.4 (Register 2005, No. 33). 

5. Amendment filed 12-20-2007; operative 12-20-2007 pursuant to Government 
Code section 1 1343.4 (Register 2007, No. 51). 



Article 2. 



High Scliooi Exit Examination 
Administration 



§1202. Excessive Materials Costs. 

The school district is responsible for the cost of excessive materials or- 
dered by the school district. In no case shall the cost to the school district 
for excessive materials exceed the amount per test booklet and accompa- 



nying material that is paid to the contractor by the CDE as part of the con- 
tract with the test contractor for the current year billed. 

NOTE: Authority cited: Section 3303 1 . Edcation Code. Reference: Section 6085 1 . 
Education Code. 

History 
1. New section filed 12-20-2007; operative 12-20-2007 pursuant toGovemmenl 
Code section 1 1343.4 (Register 2007, No. 51 ). 

§ 1 203. Pupil or Adult Student Identification. 

Test examiners at the test site shall be responsible for the accurate 
identification of eligible pupils or eligible adult students who are to be 
administered the examination through the use of photo-identification or 
positive recognition by an employee of the school district. 
NOTE: Authority cited: Section 33031. Education Code. Reference: Section 
60851, Education Code. 

History 

1. New article 2 (sections 120.3-1212) and section filed 6-20-2001: operative 
7-20-2001 (Register 2001. No. 25). 

2. Amendment of article heading and section filed 5-19-2004: operative 
5-19-2004 pursuant to Government Code section 1 1.343.4(c) (Register 2004. 
No. 21). 

3. Amendment filed 8-16-2005; operative 8-16-2005 pursuant lo Government 
Code .section 1 1343.4 (Register 2005. No. 33). 

§ 1 204. Grade 1 Testing. 

All eligible grade 10 pupils shall only take each section of the ex- 
amination once per school year v/hile in grade 1 during either the grade 
10 census administration or the district-designated grade 10 make up ad- 
ministration. 

NOTE: Authority cited: Section 33031. Education Code. Reference: Section 
60851, Education Code. 

History 

1 . New section filed 6-20-2001; operative 7-20-2001 (Register 2001 . No. 25). 

2. Repealer and new section and amendment of Note filed 5-1-2003; operative 
5-1-2003 pursuant to Government Code section 1 1343.4 (Register 2003. No. 
18). 

3. Amendment of section heading and repealer and new section filed 5-19-2004; 
operative 5-19-2004 pursuant to Government Code section 1 1343.4(c) (Regis- 
ter 2004, No, 21). 

4. Amendment filed 12-20-2007; operative 12-20-2007 pursuant to Government 
Code section 1 1 343.4 (Register 2007. No. 51). 

§ 1 204.5. Grades 1 1 and 1 2 and Adult Student Testing 
Dates. 

(a) School districts shall provide eligible pupils in grade 1 1 at least two 
opportunities per school year to take the section(s) of the examination not 
yet passed. Eligible pupils in grade 1 1 may take the section(s) of the ex- 
amination not yet passed up to two times per school year and may take 
examination in successive administrations. 

(b) School districts shall provide eligible pupils in grade 12 at least 
three opportunities per school year to take the section(s) of the examina- 
tion not yet passed. Eligible pupils in grade 1 2 may take the section(s) of 
the examination not yet passed up to three times per school year and may 
take the examination in successive administrations. 

(c) School districts shall provide eligible adult students at least three 
opportunities per school year to tcike the section(s) of the examination not 
yet passed. Eligible adult students may take the section(s) of the ex- 
amination not yet passed up to three times per school year and may take 
the examination in successive administrations. 

(d) Eligible pupils in grades 11 and 12 and eligible adult students 
should be offered appropriate remediation or supplemental instruction 
before being retested. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
37252, 37254 and 60851, Education Code. 

History 

1. New section filed 5-19-2004; operative 5-19-2004 pursuant to Government 
Code secnon 11343.4(c) (Register 2004, No. 21). 

2. Amendment of section heading, section and Note filed 8-16-2005; operative 
8-16-2005 pursuant to Government Code section 1 1343.4 (Register 2()05, No. 
33). 

3. Amendment of section heading and section filed 3-16-2006 as an emergency; 
operative 3-16-2006 (Register 2006, No. 11). A Certificate of Compliance 
must be transmitted to OAL by 7-14-2006 or emergency language will be re- 
pealed by operation of law on the following day. 



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§ 1205 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



4. Certificate of Compliance as to 3-16-2006 order transmitted to OAL 
6-12-2006 and filed 7-25-2006 (Register 2006. No. 30). 

5. Amendment of section and Note filed 1 2-20-2007; operative 1 2-20-2007 pur- 
suant to Government Code section 1 1343.4 (Register 2007, No. 51 ). 

§ 1205. School District Information. 

School districts shall maintain a summary data file, as set forth below, 
of all pupils who participate in each test administration of the examina- 
tion. This summary data file shall include the following information for 
( 1 ) the English-language arts section, and (2) the mathematics section, 
for each test administration: 

(a) The date on which each section of the examination was taken. 

( b) The full name of each pupil who took each section of the examina- 
tion. 

(c) The grade leveJ of each pupil at the lime each section of the ex- 
amination was taken. 

(d) Whether each pupil has satisfied the requirement to successfully 
pass the examination for each section or sections of the examination tak- 
en. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
60851, Education Code. 

History 

1 . New section filed 6-20-2001 ; operative 7-20-2001 (Register 2001. No. 25). 

2. Amendment of section heading, section and Note filed 5-19-2004; operative 
5-19-2004 pursuant to Government Code section 1 1343.4(c) (Register 2004, 
No. 21). 

3. Amendment of first paragraph filed 12-20-2007; operative 12-20-2007 pur- 
suant to Government Code section 1 1.343.4 (Register 2007, No. 51). 

§ 1206. Permanent Record Information. 

(a) School districts shall maintain in each pupil's permanent record the 
following information: 

(1) The date on which the pupil took each section of the examination. 

(2) Whether the pupil has satisfied the requirement to successfully 
pass the examination for each section or sections of the examination tak- 
en. 

(b) The information required by subdivision (a) of this section shall be 
entered in each pupil's permanent record within 60 days of receiving the 
electronic data files from the test contractor. 

(c) Whenever a pupil transfers from one school district to another, the 
new district may request the pupil' s examination results as part of the per- 
manent record, pursuant to subdivision (a), in compliance with Educa- 
tion Code section 49068. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
49068 and 60851, Education Code. 

History 

1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25). 

2. Amendment of section heading, section and Note filed 5-19-2004; operative 
5-19-2004 pursuant to Government Code section 1 1343.4(c) (Register 2004, 
No. 21). 

3. Amendment of subsection (b) filed 8-16-2005; operative 8-16-2005 pursuant 
to Government Code section 1 1343.4 (Register 2005, No. 33). 

§ 1207. Data for Analysis of Pupil Performance. 

(a) Each school district shall provide the test contractor with an answer 
document with complete demographic information for each grade 1 pu- 
pil enrolled at the time of the grade 10 census administration. 

(b) Each school district shall provide the following demographic in- 
formation for each grade 10, 11, and 12 pupil tested: 

(1) Pupil's full name 

(2) Date of birth 

(3) Grade level 

(4) Gender 

(5) English proficiency 

(6) Primary language 

(7) Date of English proficiency reclassification 

(8) English leaner enrollment date 

(9) Use of English learner test variations 



( 1 0) If R-FEP pupil scored proficient or above on the California Eng- 
lish-Language Arts Standards Test three times since reclassification 

(11) Program participation 

(12) National School Lunch Program (NSLP) participation 

(13) Use of accommodations or modifications during the examination 

(14) Primary disability code 

(15) Special Education Exit Date 

(16) Participation in California Alternate Performance Assessment 
(CAPA) 

(17) Ethnicity 

(18) School and di.strict CBEDS enrollment 

(19) Parent or guardian education level 

(20) District and county of residence for students with disabilities 

(21) Statewide Student Identifier (SSID) 

(22) For Alternative Schools Accountability Model (ASAM) schools, 
whether the student has been enrolled in the school less than 90 school 
days prior to testing. 

(23) Nonpublic nonsectarian school (NPS) code 

(24) Independent evaluator survey response data 

(c) In addition to the demographic data required to be reported in sec- 
tion 1207(b), school districts may report if a grade 10 pupil is not tested 
due to a significant medical emergency. 

(d) Each school district shall provide the following demographic in- 
formation for each adult student tested: 

(1) Student's full name 

(2) Date of birth 

(3) Adult student status 

(4) Gender 

(5) Use of accommodations or modifications during the examination 

(6) Use of English learner test variations 

(7) Primary disability code 

(8) Ethnicity 

(9) District and county of residence for students with disabilities 

(e) The demographic information is for the purposes of aggregate anal- 
yses only and shall be provided to the test contractor and collected as part 
of the testing materials for the examination. 

(0 School districts shall provide the same information for each eligible 
pupil enrolled in an alternative or off-campus program, or for pupils 
placed in nonpublic schools, as is provided for all other eligible pupils. 

(g) If the information required by section 1207(b) or 1207(d) is incor- 
rect, the school district shall provide corrected information within the 
time schedule specified by the test contractor or may enter into a separate 
agreement with the contractor to have the district's data file corrected. 
Any costs for correcting the student data pursuant to a separate agreement 
between the school district and the test contractor shall be the school dis- 
trict's responsibility. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
52052, 60855 and 60900, Education Code; and 20 USC Section 631 1. 

History 

1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25). 

2. Amendment of section heading, secfion and Note filed 5-19-2004; operative 
5-19-2004 pursuant to Government Code section 1 1343.4(c) (Register 2004, 
No. 21). 

3. Amendment of section and Note filed 8-16-2005; operative 8-16-2005 pur- 
suant to Government Code section 11 343.4 (Register 2005, No. 33). 

4. Amendment filed 12-20-2007; operafive 12-20-2007 pursuant to Government 
Code section 1 1343.4 (Register 2007, No. 51). 

§ 1207.1. Data for Analysis of Local Waiver Process for 
Pupils with Disabilities. 

By December 31 of each year, each school district shall provide to the 
CDE the following information from the prior school year pursuant to 
Education Code section 60851: 

(a) Provide the following information by grade and by school for those 
pupils and adult students who have taken one or both parts of the ex- 
amination with one or more modificafions and have received the equiva- 
lent of a passing score: 



• 



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ij 1209 



• 



• 



( 1 ) The number of pupils or adull students who received the equivalent 
of a passing score on the mathematics portion of the examination only. 

(2) The number of pupils or adult students who received the equivalent 
of a passing score on the English-language arts portion of the examina- 
tion only. 

(3) The number of pupils or adult students who received the equivalent 
of a passing score on both portions of the examination. 

(b) Provide the following information by grade, by school, by primary 
disability, and by the percent of time in general education for each pupil 
and adult student who has taken one or both parts of the examination with 
one or more modifications and has received the equivalent of a passing 
score and for whom a waiver pursuant to Education Code section 
6085 1(c) has been requested: 

( 1 ) The number of pupils or adult students for whom a waiver of the 
mathematics portion of the examination only has been requested. 

(2) The number of pupils or adult students for whom a waiver of the 
English-language arts portion of the examination only has been re- 
quested. 

(3) The number of pupils or adult students for whom a waiver of both 
portions of the examination has been requested. 

(c) Provide the following information by grade, by school, by primary 
disability, and by the percent of time in general education for each pupil 
and adull student who has taken one or both parts of the examination with 
one or more modifications and has received the equivalent of a passing 
score and for whom a waiver pursuant to Education Code section 
60851(c) has been granted: 

( 1 ) The number of pupils or adult students for whom a waiver of the 
mathematics portion of the examination only has been granted. 

(2) The number of pupils or adult students for whom a waiver of the 
English-language arts portion of the examination only has been granted. 

(3) The number of pupils or adult students for whom a waiver of both 
portions of the examination has been granted. 

(d) Provide the following information by grade, by school, by primary 
disability, and by the percent of time in general education for each pupil 
and adult student who has taken one or both parts of the examination with 
one or more modifications and has received the equivalent of a passing 
score and for whom a waiver pursuant to Education Code section 
6085 i(c) has been denied: 

( 1 ) The number of pupils or adult students for whom a waiver of the 
mathematics portion of the examination only has been denied. 

(2) The number of pupils or adult students for whom a waiver of the 
English-language arts portion of the examination only has been denied. 

(3) The number of pupils or adult students for whom a waiver of both 
portions of the examination has been denied. 

(e) The number of pupils or aduU students that graduated as a result of 
having been granted a waiver on one or both portions of the examination. 
NOTIZ: Authority cited: Section 33031, Education Code. Reference: Section 
60851, Education Code. 

History 

1 . New section filed 3-16-2006 as an emergency; operative 3-16-2006 (Register 
2006. No. 11 ). A Certificate of Compliance must be transmitted to OAL by 
7-14-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 3-16-2006 order transmitted to OAL 
6-12-2006 and filed 7-25-2006 (Register 2006, No. 30). 

3. Amendment of first paragraph and subsection (e) filed 12-20-2007; operative 
12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, 
No. 51). 

§ 1207.2. Data for Analysis of Exemption for Pupils with 
Disabilities in the Class of 2007. 

(a) By February 1 . 2008. each school district and state special school 
shall provide the following information to the CDE for each pupil in the 
class of 2007 who has an lEP or Section 504 plan dated on or before July 
1 . 2006. that indicates that the pupil is scheduled to graduate in 2007. but 
who has not yet passed both sections of the examination: 

(1) Primary disability code. 

(2) Percent of time spent in general education. 



(3) Anticipated graduation date as specified in the lEP or Section 504 
plan. 

(4) Whether the pupil satisfied all other stale and local graduation re- 
quirements. 

(5) The month and year of each attempt to pass the examination with 
the accommodations and modifications, if any. specified in the lEP or 
Section 504 plan. 

(6) Type of remedial or supplemental instruction program completed. 

(7) Tine month and year of each attempt to pass the examination after 
completing a remedial or supplemental instruction program. 

(8) The date on which the pupil, or the parent or legal guardian if the 
student is a minor, was notified in writing that the pupil is entitled to re- 
ceive free appropriate public education up to and including the academic 
year in which the pupil reaches 22 years of age. or until the pupil receives 
a high school diploma, whichever occurs first. 

(9) Whether the pupil received a waiver from the requirement to pass 
the examination pursuant to Education Code section 60851(c). 

( 1 0) Whether the pupil satisfied the criteria set forth in Education Code 
section 60852.4. 

(11) Whether the pupil received a diploma pursuant to Education Code 
section 60852.4. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
60852.4, Education Code. 

History 

1. New section filed 3-16-2006 as an emergency; operative 3-16-2006 (Register 
2006, No. 1 1). A Certificate of Compliance must be transmitted to OAL by 
7-1 4-2006 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 3-16-2006 order transmitted to OAL 
6-12-2006 and filed 7-25-2006 (Register 2006, No. 30). 

3. Amendment of section heading and subsections (a), (a)(8) and (a)( lOH ' ' ) and 
amendment of Note filed 12-20-2007; operative 12-20-2007 pursuant to 
Government Code section 1 1343.4 (Register 2007. No. 51). 

§ 1 207.5. Reporting Test Scores. 

No aggregate or group scores or reports that are compiled pursuant to 
Education Code section 60851 shall be reported electronically, in hard 
copy, or in other media, to any audience other than the school or school 
district where the pupils were tested, except the independent evaluator as 
set' forth in Education Code section 60855. if the aggregate or group 
scores or reports are composed often or fewer individual pupil .scores. 
In each instance in which no score is reported for this reason, the notation 
shall appear: "The number of pupils in this category is too small for statis- 
tical accuracy or privacy protection." In no case shall any group score be 
reported that would deliberately or inadvertently make public the score 
or performance of any individual student. 

NOTE: Authoiity cited: Secfion 33031, Education Code. Reference: Sections 
60851 and 60855. Education Code; and 20 USC Section 1232g. 

History 

1. New section filed 8-16-2005; operative 8-16-2005 pursuant to Government 
Code section 1 1343.4 (Register 2005. No. 33). 

2. Amendment filed 12-20-2007; operative 12-20-2007 pursuant to Government 
Code section 1 1 343.4 (Register 2007. No. 5 1 ). 

§ 1208. Notice of the High School Exit Examination. 

A school district shall maintain documentation that the parent or 
guardian of each pupil has been sent written notification as required by 
Education Code sections 48980 and 60850. 

Note: Authority cited: Section 33031, Education Code. Reference: Sections 
48980 and 60850. Education Code. 

History 

1. New section filed 6-20-2001; operative 7-20-2001 (Regi.ster 2001. No. 25). 

2. Amendment of section heading, section and Note filed 5-19-2004; operative 
5-19-2004 pursuant to Govemment Code section 1 1343.4(c) (Register 2004. 
No. 21). 

§ 1209. High School Exit Examination District Coordinator. 

(a) On or before July 1 of each school year, the superintendent of each 
school district shall designate from among the employees of the school 
district a district coordinator. The superintendent shall notify the test con- 
tractor of the identity and contact information for the district coordinator, 
including the district coordinator's phone number and email address. 



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(b) The district coordinator or tiie school district superintendent or his 
or her designee, shall be available throughout the year and shall serve as 
the liaison between the school district and the test contractor and the 
school district and the CDE for all matters related to the examination. 

(c) The district coordinator or the school district superintendent or his 
or her designee shall oversee the administration of the examination to eli- 
gible pupils or eligible adult students, in accordance with the manuals or 
other instructions provided by the test contractor for administering and 
returning all test materials including, but not limited to, the following re- 
sponsibilities: 

( 1 ) Responding to correspondence and inquiries from the test contrac- 
tor and the CDE in a timely manner and as provided in the test contrac- 
tor's instructions and these regulations. 

(2) Advising the test contractor of the selected administration dates for 
the coming school year by March 1 of the prior school year. 

(3) For charter schools, advising the test contractor for the coming 
school year by March 1 of the prior school year of whether the school, 
for assessment purposes, does not elect to be part of the school district 
or county office of education that granted the charter. If the charter school 
does not advise the test contractor by March 1 , the charter school will be 
designated as part of the school district or county office of education that 
granted the charter. 

(4) Determining school district and individual school examination and 
test material needs in conjunction with the test contractor using current 
enrollment data. 

(5) Completing, filing, and adhering to the Test Security Agreement 
as set forth in section 1211.5 with the test contractor prior to the receipt 
of test materials. A copy of the Test Security Agreement shall be main- 
tained at the district office for 1 2 months from the date signed. 

(6) Identifying and training a test site coordinator for each test site and 
securing a signed Test Security Agreement from each test site coordina- 
tor in the district and from any test examiner at a nonpublic school in 
which a pupil has been placed by the district. 

(7) Ordering sufficient test materials for eligible pupils and eligible 
adult students, including completing an electronic data file containing 
the data set forth in section 1207 if the district chooses to have the test 
contractor pre-identify answer documents. 

(8) Overseeing the collection of all pupil data as required to comply 
with sections 1205, 1206, and 1207. 

(9) Ensuring that the test materials are retained in a secure, locked 
location, in the sealed boxes in which they were received from the test 
contractor, from the time they are received in the school district until the 
time they are opened for inventory and delivery to test sites. 

(10) Ensuring delivery of test materials to the test sites no more than 
five working days before the examination is to be administered. 

(11) Ensuring that all test materials are received from test sites no later 
than the second day following the administration of the examination. 

( 1 2) Ensuring that all test materials received from test sites have been 
placed in a secure school district location upon receipt. 

(13) Ensuring that all test materials are inventoried, packaged, and la- 
beled in accordance with instructions from the test contractor. The test 
materials shall be ready for pick-up by the test contractor at a designated 
location in the school district no more than five working days following 
administration of the examination in the school district. 

(14) Ensuring that an answer document is submitted for scoring for 
each eligible pupil in grade 10 enrolled in the district at the time of the 
grade 10 census administration. 

(15) Assisting the test contractor and the CDE in the resolution of any 
discrepancies in the test information and materials, including but not lim- 
ited to, pre-identification files and the number of examinations received 
from the test contractor and the number of examinations collected for re- 
turn to the test contractor. 

( 1 6) Immediately notifying the test contractor of any testing irregulari- 
ties, security breaches, or suspected security breaches in the district be- 
fore, during, or after the administration of the examination. 



NOTE: Authority cited: Section 330.11, Education Code. Reference: Section 
608.S1, Education Code; and 20 USC Section 63 11. 

History 

1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25). 

2. Ainendinent of subsection (b)(5) and amendment of Note- filed 5-1-2003; op- 
erative 5-1-2003 pursuant to Government Code section 11343.4 (Register 
2003. No. 18). 

3. Amendment of section heading and section filed 5-19-2004; operative 
5-19-2004 pursuant to Government Code section 1 1343.4(c) (Register 2004, 
No. 21). 

4. Amendment of section heading, section and Note filed 8-16-2005: operative 
8-16-2005 pursuant loGovemment Code section 1 1343.4 (Register 2005, No. 
33). 

5. Amendment filed 1 2-20-2007; operative 1 2-20-2007 pursuant to Government 
Code section 1 1343.4 (Register 2007, No. 51). 

§ 1210. High School Exit Examination Test Site 
Coordinator. 

(a) Annually, the district coordinator or the superintendent of the 
school district shall designate a test site coordinator for each test site. The 
designee shall be an employee of the school district, or the person as- 
signed by a nonpublic school to implement a student's lEP. 

(b) The test site coordinator shall be available to the district coordina- 
tor for the purpose of resolving issues that arise as a result of the adminis- 
tration of the examination. 

(c) The test site coordinator shall oversee the administration of the ex- 
amination to eligible pupils or eligible adult students at the test site in ac- 
cordance with the manuals or other instructions provided by the test con- 
tractor for administering the examination including, but not limited to, 
the following responsibilities: 

(1) Determining test site and test material needs. 

(2) Arranging for test administration at the test site. 

(3 ) Training the test examiner(s), test proctors, and scribes as provided 
in the test contractor's manual. 

(4) Completing a Test Security Agreement and Test Security Affidavit 
as set forth in section 121 1.5 prior to the receipt of test materials. 

(5) Overseeing test security requirements, including collecting and de- 
livering all completed Test Security Affidavit forms to the school district 
office from the test examiners and other site personnel involved with test- 
ing. All Test Security Affidavits shall be maintained for 12 months from 
the date signed. 

(6) Overseeing the acquisition and inventory of test materials from the 
school district and the distribuUon of test materials to the test examin- 
er(s). 

(7) Maintaining security over the examination and test data as follows: 

(A) Delivering the test materials only to those persons who have 
signed the Test Security Affidavit and who are administering the ex- 
amination on the date of testing. 

(B) Ensuring that strict supervision is maintained over each eligible 
pupil or eligible adult student who is being administered the examination 
both while the eligible pupil or eligible adult student is in the room in 
which the examination is being administered and during any period in 
which the eligible pupil or eligible adult student is, for any purpose, 
granted a break during testing. 

(8) Overseeing the collection of all pupil data as required to comply 
with secUons 1205, 1206, and 1207. 

(9) Overseeing the collection, inventory, and return of all test materials 
to the district coordinator no later than the day following administration 
of the examination. 

(10) Ensuring that an answer document is submitted for scoring for 
each eligible pupil in grade 1 enrolled in the test site on the testing dates. 

(11) Assisdng the district coordinator and the test contractor in the res- 
olution of any discrepancies between the number of examinations re- 
ceived from the district coordinator and the number of examinations col- 
lected for return to the district coordinator. 

(12) Immediately notifying the district coordinator of any tesfing 
irregularities, security breaches, or suspected security breaches at the test 
site before, during, or after the administraUon of the examination. 



• 



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Title 5 



California Department of Education 



§ 1211.5 



• 



• 



NOTE: Aiilhoiily cited: Section 33031. Education Code. Reference: Section 
60851. Hducation Code: and 20 USC Section 631 1. 

History 

1 . New section filed 6-20-2001 : operative 7-20-2001 (Register 2001, No. 25). 

2. Amendmeni of section heading, .section and Nori- filed 3-19-2004; operative 
5-19-2004 pursuant to Government Code section 1 1343.4(c) (Reaister 2004. 
No. 21). 

3. Amendment of section heading, section and Note tiled 8-16-2005; operative 
8-16-2005 pursuant to Government Code section 1 1343.4 (Register 2005. No. 
33). 

4. Amendmeni filed 12-20-2007; operaUve 12-20-2007 pursuant to Government 
Code section 1 1 M3.4 (Register 2007. No. 51). 

§1211. High School Exit Examination Test Security. 

(a) Access to the exatnination materials is limited to eligible pupils 
and eligible adult students taking the examination for the purpose of ob- 
taining a public high school diploma of graduation, and those who have 
signed the security affidavit or agreements, including employees of a 
school district directly responsible for administration of the examination, 
and persons assigned by a nonpublic school to implement students' lEPs. 

(b) To maintain the security of the examination, all school district and 
test site coordinators are responsible for inventory control and shall use 
appropriate inventory control forms to monitor and track test inventory. 

(c) The security of the test rnaterials that have been delivered to the 
.school district is the sole responsibility of the school district until all test 
materials have been inventoried, accounted for. and delivered to the com- 
mon or private carrier designated by the test contractor. 

(d) Once test materials have been delivered to the school district, se- 
cure transportation of the test materials within a school district including 
to nonpublic schools (for students placed through the lEP process), court 
and community schools, and home and hospital care, is the responsibility 
of the school district. 

(e) No examination may be administered in a home or hospital except 
by a test examiner. No examination shall be administered to an eligible 
pupil by the parent or guardian of that pupil. This subdivision does not 
prevent classroom aides frorn being a test proctor and assisting in the ad- 
ministration of the examination under the supervision of a test examiner 
provided that the classroom aide does not assist his or her own child and 
that the classroom aide signs the Test Security Affidavit as set forth in 
section 121 1.5. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
60850 and 60851. Education Code. 

History 

1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25). 

2. Amendment of subsections (b), (f). (g) and (j), new subsection (k) and amend- 
ment of NoTi: filed 5-1-2003; operative 5-1-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 18). 

3. Amendment of section heading and section filed 5-19-2004; operative 
5-19-2004 pursuant to Government Code section 1 1343.4(c) (Register 2004, 
No. 21). 

4. Amendment filed 8-16-2005; operative 8-16-2005 pursuant to Government 
Code section 11 343.4 (Register 2005, No. 33). 

5. Amendment of subsections (a), (c) and (d) filed 12-20-2007; operative 
12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, 
No. 5 1 ). 

§ 1 21 1 .5. High School Exit Examination Test Security 
Forms. 

(a) All district and test site coordinators shall sign the California High 
School Exit Examination Test Security Agreement set forth in subdivi- 
sion (b). 

(b) The California High School Exit Examination Test Security 
Agreement shall be as follows: 

CALIFORNIA HIGH SCHOOL EXIT EXAMINATION TEST 
SECURITY AGREEMENT 

(1)1 will ensure that all test examiners are trained to administer the ex- 
amination in compliance with the test administration manuals. 



(2) I will take all necessary precautions to safeguard all test materials 
by limiting access to persons within the school district with a responsible, 
professional interest in the examination's security. 

(3) I will not disclose, or allow to be disclosed, the contents of the ex- 
amination. 

(4) I will keep on file the names of persons having access to test materi- 
als. All persons having access to the materials shall be required to sign 
the California High School Exit Examination Test Security Affidavit that 
will be kept on file in the school district office. 

(5) I will keep the test materials in a secure, locked location, limiting 
access to only those persons responsible for test security, except on actual 
testing dates as provided in California Code of Regulations, title 5, divi- 
sion 1 , chapter 2, subchapter 6. 

(6) I will not copy any part of the examination or test materials unless 
necessary to administer the examination pursuant to section 1215.5 or 
1216. 

(7) I will not review test questions, develop any scoring keys, or review 
or score any pupil responses except as required by the test contractor's 
manuals. 

By signing my name to this document, I am assuring that I will abide 
by the above conditions. 

Signed: 

Print name: 

Title: 

School District/Affiliation: 

Date: 



(c) All persons having access to the California High School Exit Ex- 
amination, including but not limited to the test site coordinator, test ex- 
aminers, test proctors, scribes, and persons assigned by a nonpublic 
school to implement students' IlEPs shall acknowledge the limited pur- 
pose of their access to the examination by signing the California High 
School Exit Examination Test Security Affidavit set forth in subdivision 
(d). 

(d) The California High School Exit Examination Test Security Affi- 
davit shall be as follows: 

CALIFORNIA HIGH SCHOOL EXIT EXAMINATION TEST 
SECURITY AFFIDAVIT 

I acknowledge that I will have access to test materials for the purpose 
of administering the examination. I understand that the.se materials are 
highly secure, and it is my professional responsibility to protect their se- 
curity as follows: 

(1)1 will not divulge the contents of the examination to any other per- 
son through verbal, written, or any other means of communication. 

(2) I will not copy any part of the test materials. 

(3) I will keep the examination secure until the examination is actually 
distributed to eligible pupils or eligible adult students. 

(4) I will limit access to the test materials by test examinees to the actu- 
al testing periods when they are taking the examination. 

(5) I will collect and account for all materials following each examina- 
tion and will not permit eligible pupils or eligible adult students to re- 
move test materials from the room where testing takes place. 

(6) I will not review any test questions, passages, or other test items 
with eligible pupils or eligible adult students before, during, or after the 
examination. 

(7) I will return all test materials to the designated test site coordinator 
upon completion of the examination. 

(8) I will not interfere with the independent work of any eligible pupil 
or eligible adult student taking the examination and I will not compro- 
mise the security of the examination by any means including, but not lim- 
ited to: 

(A) Providing eligible pupils or eligible adult students with access to 
examination questions prior to testing. 

(B) Copying, reproducing, transmitting, distributing or using in any 
manner inconsistent with test security all or any section of any secure test 
materials. 



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§1212 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



(C) Coaching eligible pupils or eligible adult students during testing 
or altering or interfering with the eligible pupil's or eligible adult stu- 
dent's responses in any way. 

(D) Making answer keys available to eligible pupils or eligible adult 
students. 

(E) Failing to follow security rules for distribution and return of secure 
test materials as directed, or failing to account for all secure test materials 
before, during, and after testing. 

(F) Failing to follow test administration directions specified in test ad- 
ministration manuals. 

(G) Participating in, directing, aiding, counseling, assisting in, or en- 
couraging any of the acts prohibited in this section. 

(9) I will administer the examination in accordance with the directions 
for administration set forth in the test contractor's manuals for adminis- 
tration of the examination. 

(10) I have been trained to administer the examination. 

Signed: 

Print name: 

Title: 

School District/Affiliation: 

Date: 



NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
60850 and 60851, Education Code. 

History 

1. New section filed 5-19-2004; operative 5-19-2004 pursuant to Government 
Code section 1 1343.4(c) (Register 2004, No. 21). 

2. Amendment filed 8-16-2005; operative 8-16-2005 pursuant to Government 
Code section 1 1343.4 (Register 2005, No. 33). 

3. Amendment filed 12-20-2007; operative 12-20-2007 pursuant to Government 
Code section 1 1343.4 (Register 2007, No. 51). 

§ 1 21 2. Test Site Delivery. 

NOTE: Authority cited; Section 33031, Education Code. Reference: Section 
60851, Education Code. 

History 

1. New section filed 6-20-2001; operative 7-20-2001 (Register 2001, No. 25). 

2. Amendment of section and Note filed 5-1-2003; operative 5-1-2003 pursuant 
to Government Code section 1 1343.4 (Register 2003, No. 18). 

3. Repealer filed 5-19-2004; operative 5-19-2004 pursuant to Government Code 
section 1 1343.4(c) (Register 2004, No. 21). 



Article 3. High School Exit Examination 

Testing Variations/Accommodations/ 

Modifications/Waivers 

§1215. Testing Variations. 

(a) School districts may provide all eligible pupils and eligible adult 
students the following testing variations: 

(1) extra time within a testing day. 

(2) test directions that are simplified or clarified. 

(3) student marks in test booklets (other than responses), including 
highlighting. 

(b) All eligible pupils and eligible adult students may have the follow- 
ing testing variations if regularly used in the classroom: 

( 1 ) special or adaptive furniture. 

(2) special lighting, special acoustics, or visual magnifying or audio 
amplification equipment. 

(3) an individual carrel or study enclosure. 

(4) test individual student in a separate room provided that the eligible 
pupil or eligible adult student is directly supervised by an employee of 
the school, school district, or nonpublic school, who has signed the Test 
Security Affidavit. 

(5) colored overlay, mask, or other means to maintain visual attention 
to the examination or test items. 

(6) Manually Coded English or American Sign Language to present 

directions for test administration. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
60851, Education Code. 



History 

1. New article 3 (.sections 1215-1219.5) and section filed 12-21-2001; operative 
1-20-2002 (Register 2001, No. 51). 

2. Amendment of article heading and amendment of Note filed 5-1-2003; opera- 
tive 5-1-2003 pursuant to Government Code section 1 1343.4 (Register 2003, 
No. 18). 

3. Amendment of article heading, section heading and section filed 5-19-2004; 
operative 5- 1 9-2004 pursuant to Government Code section 1 1 343.4(c) (Regis- 
ter 2004. No. 21). 

4. Amendment of section heading and section filed 8-16-2005; operative 
8- 1 6-2005 pursuant to Government Code section 1 1343.4 (Register 2005. No. 
33). 

5. Amendment of suhsection (a)(3) and repealer of subsection (c) filed 
12-20-2007; operative 12-20-2007 pursuant to Government Code section 
1 1343.4 (Register 2007. No. 51). 

§ 1215.5. Accommodations for Pupils or Adult Students 
with Disabilities. 

(a) Eligible pupils or eligible adult students with disabilities shall be 
permitted to take the examination with the following accommodations if 
specified in the eligible pupil's or eligible adult student's lEP or Section 
504 plan for use on the examination, standardized testing, or for use dur- 
ing classroom instruction and assessments. 

(b) Presentation accommodations include: 

(1 ) large print versions in 20-point font. 

(2) examination enlarged if larger than 20-point font is required. 

(3) Braille transcriptions provided by the test contractor. 

(4) audio or oral presentation of the mathematics section of the ex- 
amination. 

(5) Manually Coded English or American Sign Language to present 
test questions on the mathematics section of the examination. 

(c) Response accommodations include: 

( 1 ) responses marked in test booklet and transferred to the answer doc- 
ument by a school, school district, or nonpublic school employee who 
has signed the Test Security Affidavit. 

(2) responses dictated orally, or in Manually Coded English or in 
American Sign Language to a scribe for selected-response items (e.g., 
multiple-choice test questions). 

(3) responses dictated orally or in Manually Coded English to a scribe, 
audio recorder or speech-to-text converter on the writing portion of the 
examination, and the eligible pupil or eligible adult student indicates all 
spelling and language conventions. 

(4) word processing software with spell and grammar check tools 
turned off on the writing portion of the examination. 

(5) an assistive device that does not interfere with the independent 
work of the eligible pupil or eligible adult student on the multiple choice 
or writing portion of the examination. 

(d) Scheduling/timing accommodations include: 

( 1 ) testing over more than one day after consultation with the test con- 
tractor. 

(2) supervised breaks within a section of the examination. 

(3) administration of the examination at the most beneficial time of 
day to the eligible pupil or eligible adult student after consultation with 
the test contractor. 

(e) Setting accommodations include tests administered by a test ex- 
aminer to an eligible pupil or eligible adult student at home or in the hos- 
pital. 

(f) The use of accommodations on the examination will not invalidate 
an eligible pupil's or eligible adult student's test score or scores. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Secfion 
60850, Education Code. 

History 

1. Renumbering of former section 1217 to new section 1215.5, including amend- 
ment of section heading and section, filed 5-19-2004; operative 5-19-2004 
pursuant to Government Code section 1 1343.4(c) (Register 2004, No. 21 ). 

2. Amendment filed 8-16-2005; operative 8-16-2005 pursuant to Government 
Code secnon 11343.4 (Register 2005, No. 33). 

3. Amendment of subsection (a)(2) and repealer of subsection (g) filed 
12-20-2007; operative 12-20-2(X)7 pursuant to Government Code section 
11343.4 (Register 2007, No. 51). 



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Register 2007, No. 51; 12-21 -2007 



Title 5 



California Department of Education 



§ 1218.5 



§ 1 21 6. Modifications for Pupils or Adult Students with 
Disabilities. 

(a) Eligible pupils or eligible adult students with disabilities shall be 
permitted to take the examination with the following modifications if 
specified in the eligible pupil's or eligible adult student's lEP or Section 
504 plan for use on the examination, standardized testing, or for use dur- 
ing classroom instruction and assessments. 

(b) The following are modifications as defined by Education Code sec- 
tion 60850 because tiiey fundamentally alter what the examination mea- 
sures or affect the comparability of scores: 

( 1 ) arithmetic table, calculators, or math manipulalives on the mathe- 
matics section of the examination. 

(2) audio or oral presentation of the English-language arts section of 
the examination. 

(3) Manually Coded English or American Sign Language to present 
test questions on the English-language arts section of the examination. 

(4) spellcheckers, grammar checkers, or word processing software 
programs that check or correct spelling and/or grammar on the writing 
portion of the examination. 

(5) mechanical or electronic devices or other assistive devices that are 
not u.sed solely to record the eligible pupil's or eligible adult student's re- 
sponses, including but not limited to transcribers, scribes, voice recogni- 
tion or voice-to-text software, and that identify a potential error in the 
eligible pupil's or eligible adult student's response or that correct spell- 
ing, grammar or conventions on the writing portion of the examination. 

(6) responses dictated orally, in Manually Coded English, or in Ameri- 
can Sign Language to provide an essay response to a scribe and the scribe 
provides spelling, grammar, and language conventions. 

(7) dictionary on any section of the examination. 

(c ) For the purposes of receiving a high school diploma, an eligible pu- 
pil or eligible adult student who takes the examination with one or more 
modifications shall receive a score that is not valid for the sections of the 
examination on which the modifications were used. If the score is equiva- 
lent to a passing score, the eligible pupil or eligible adult student may be 
eligible for a waiver pursuant to Education Code section 60851. 
NOTE: Authority cited: Section .^3031, Education Code. Reference: Section 
60850, Education Code; and 20 USC Section 631 1. 

History 

1. New section filed 12-21-2001; operative 1-20-2002 (Register 2001, No. 51). 

2. Amendment of Norn filed 5-1-2003; operative 5-1-2003 pursuant to Govern- 
ment Code section 1 1343.4 (Register 2003, No. 18). 

3. Amendment of section heading and repealer and new section filed 5-19-2004; 
operative 5-1 9-2004 pursuant to Government Code section 1 1 343.4(c) (Resis- 
ter2004. No. 21). 

4. Amendment of section and Note filed 8-16-2005; operative 8-16-2005 pur- 
suant to Government Code section 1 1343.4 (Register 2005, No. 33). 

5. Amendment of subsections (b)(2)-(3) and (c) and repealer of subsection (d) 
filed 12-20-2007; operative 12-20-2007 pursuant to Government Code sec- 
lion 11343.4 (Register 2007, No, 51). 

§1217. English Learners. 

School districts shall provide identified English learner pupils or adult 
English learner students the following additional testing variations if reg- 
ularly used in the classroom or for assessment: 

(a) Flexible setting. English learners may have the opportunity to be 
tested in a separate room with other English learners provided that the eli- 
gible pupil or eligible adult student is directly supervised by an employee 
of the school, district, or nonpublic school, who has signed the Test Secu- 
rity Affidavit. 

(b) Flexible schedule. English learners may have additional super- 
vised breaks within a testing day. 

(c) Flexible time. English learners may have extra time on the ex- 
amination within a testing day. 

(d) Translated directions. English learners may have the opportunity 
to hear the test directions printed in the test contractor's manual trans- 
lated into their primary language. English learners may have the opportu- 
nity to ask clarifying questions about the test directions in their primary 
language. 



(e) Glossaries. English learners may have access to translation glossa- 
ries (English to primary language and/or primary language to English). 
The glossaries are to include only the English word or phrase with the 
corresponding primary language word or phrase. The glossaries shall in- 
clude no definitions, formulas, or parts of speech. 

NOTE: Authority cited: Sections 12001 and 33031. Education Code. Ret'crcnce: 
Sections 6081 0(7)(d)( I ). 60850 and 60852. Education Code; and 20 USC Section 
63 1 1 . 

History 

1. New section filed 12-21-2001; operafive 1-20-2002 (Register 2001. No. 51 ). 

2. Amendment of section heading, subsection (c)and Noti; filed 5-1-2003; opera- 
tive 5-1-2003 pursuant to Government Code section 1 1 343.4 (Register 2003. 
No. 18). 

3. Renumbering of former section 1217 to section 1215.5 and renumbering of for- 
mer section 1217.5 to section 1217, including amendment of section heading, 
section and Note, filed .5-19-2004; operative 5-19-2004 pursuant to Govern- 
ment Code section 1 1343.4(c) (Register 2004, No, 21 ). 

4. Amendment of section and Note filed 8-16-2005; operative 8-16-2005 pur- 
suant to Government Code section 1 1343.4 (Register 2005, No. 33), 

5. Redesignafion of former subsections ( 1 )-(5) as new subsections (a)-(e) and 
amendment of newly designated subsection (e) filed 12-20-2007; operative 
12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, 
No. 51). 

§ 1217.5. English Language Learners. 

NOTE: Authority cited: Section 33031. Education Code. Reference: Section 
60850, Education Code. 

History 

1. New section filed 12-21-2001; operative 1-20-2002 (Register 2001. No. 51). 

2. Amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Govern- 
ment Code section 1 1343.4 (Register 2003. No. 18). 

3. Renumbering of former section 1 2 1 7.5 to section 1217 filed 5- 1 9-2004; opera- 
five 5-19-2004 pursuant to Government Code section 1 1343.4(c) (Register 
2004, No. 21). 

§ 1218. Review Process for Variations Not Specified in 

Sections 1215, 1215.5, or 1216 in Administering 
the Examination. 

(a) The school district must file a request with the CDE for review and 
approval of proposed examination variations that are not specified in sec- 
tions 1215, 1215.5, or 1216. Requests must be received by the CDE at 
least 30 working days in advance of the proposed administration of the 
examination. 

(b) The request for review of proposed variations in administering the 
examination must include: 

(1) A description of the requested variation(s). 

(2) If applicable, a certification that the pupil's or adult student's lEP 
or Section 504 plan specifies that the requested variation is appropriate 
and necessary to access the examination due to the pupil's or adult stu- 
dent's identified disability(ies) and that such variation is currently listed 
in the pupil's or adult student's lEP or Section 504 plan. 

(c) The CDE determinaUon shall be a final administrative decision for 
purposes of review under the Administrative Procedure Act. 

(d) The CDE shall issue its decision within 1 5 working days of receipt 
of the request for review of proposed variation. 

NOTE: Authority cited: Section 33031, Education Code, Reference: Section 
60850, Educafion Code. 

History 

1. New section filed 12-21-2001; operative 1-20-2002 (Register 2001. No. 51). 

2. Amendment of section heading and section filed 5-19-2004; operative 
5-19-2004 pursuant to Government Code section 1 1343.4(c) (Register 2004, 
No. 21). 

3. Amendment of section heading and subsections (a), (c) and (d) filed 
12-20-2007; operafive 12-20-2Ci07 pursuant to Government Code section 
1 1343.4 (Register 2007, No. 51). 

§ 1 21 8.5. Use of Modifications. 

NOTE: Authority cited; Section 33031, Education Code. Reference: Sections 
60850 and 60851, Educafion Code; and 34 CFTi Section .300.138(a). 

History 

1. New section filed 5-1-2003; operative 5-1-2003 pursuant to Government 
Code section 1 1 343.4 (Register 2003. No. 18). 

2. Repealer filed 5-19-2004; operafive 5-19-2004 pursuant to Government Code 
secUon 1 1343.4(c) (Register 2004, No. 21). 



Page 46.1 



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§ 1218.6 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



§ 1 21 8.6. Waiver Requests on Behalf of Pupils in a State 
Special School. 

(a) For a pupil in a state special school who is eligible for a waiver, at 
the parent or guardian's request, the state special school principal shall 
submit a waiver request to the local governing board of the school district 
that placed the pupil in the state special school. 

NOTE; Authority cited: Sections 33031 and 48200, Education Code. Reference: 
Sections 56\0l and 60850, Education Code; and 34 CFR Section 300.!38(a). 

History 
1. New section filed 5-19-2004; operative 5-19-2004 pursuant to Government 
Code section 1 1343.4(c) (Register 2004, No. 21). 

§ 1 21 9. Independent Work of the Pupil or Adult Student 

In administering the examination with accommodations or modifica- 
tions pursuant to Section 1 2 1 5.5 or 1 2 1 6, school districts shall ensure thai 
all examination responses are the independent work of the pupil or adult 
student. School districts, school district personnel, including scribes and 
nonpublic school personnel are prohibited from assisting any pupil or 
adult student in determining how the pupil or adult student will respond 
to each question, and are prohibited from leading or directing the pupil 
or adult student to a particular response, and from correcting, prompting 
or otherwise influencing a response. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
60850, Education Code. 

History 

1. New section filed 12-21-2001; operative 1-20-2002 (Register 2001, No. 51). 

2. Amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Govern- 
ment Code section 11343.4 (Register 2003, No. 18). 

3. Amendment filed 5-19-2004; operative 5-19-2004 pursuant to Government 
Code section 11343.4(c) (Register 2004, No. 21). 

4. Amendment filed 12-20-2007; operative 12-20-2007 pursuant to Government 
Code section 1 1343.4 (Register 2007, No. 51). 

§ 1 21 9.5. Invalidation of Test Scores. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 

60850, Education Code. 

History 

1. New section filed 12-21-2001; operative 1-20-2002 (Register 2001, No. 51 ). 

2. Amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Govern- 
ment Code section 1 1343.4 (Register 2003, No. 18). 

3. Repealer filed 5-19-2004; operative 5-1 9-2004 pursuant to Government Code 
section 1 1343.4(c) (Register 2004, No. 21). 

Article 4. Cheating 

§1220. Cheating. 

(a) Any pupil or adult student found by the school district or its agents 
to have cheated or assisted others in cheating, or to have compromised 
the security of the examination shall not receive a score from that test ad- 
ministration. 

(b) The school district shall notify each eligible pupil or adult student 
prior to each administration of the examination of the provisions of sub- 
division (a). 

NOTE: Authority cited: Secfion 33031, Education Code. Reference: Section 

6085 1 , Education Code. 

History 

1 . New article 4 (section 1 220) and section fi led 6-20-200 1 ; operati ve 7-20-200 1 
(Register 2001, No. 25). 

2. Amendment of Note filed 5-1-2003; operative 5-1-2003 pursuant to Govern- 
ment Code section 1 1343.4 (Register 2003, No. 18). 

3. Amendment filed 5-19-2004; operative 5-19-2004 pursuant to Government 
Code secnon 1 1343.4(c) (Register 2004, No. 21). 

Article 5. Apportionment 

§1225. Apportionment. 

(a) Annually, each school district shall receive an apportionment in- 
formation report with the following information for those examinations 
administered during the previous fiscal year (July 1 through June 30). 

( 1 ) The number of eligible pupil s by grade level and eligible adult stu- 
dents enrolled in each school and in the school district on the day of test- 



ing as indicated by the number of answer documents submitted to the test 
contractor for scoring for each administration. 

(2) The number of eligible pupils by grade level and eligible adult stu- 
dents who were administered any portion of the examination. 

(3) The number of eligible pupils by grade level with demographic in- 
formation only who were not tested for any reason other than because 
they were taking the CAPA. 

(b) To be eligible for apportionment payment, school districts must 
meet the following conditions: 

(1 ) The school district has returned all secure test materials; 

(2) The superintendent of the school district has certified that all ex- 
aminations during the prior fiscal year were administered in compliance 
with California Code of Regulations, title 5, division 1, chapter 2, sub- 
chapter 6; and 

(3) The superintendent of the school district has certified the accuracy 
of the apportionment information report for examinations administered 
during the prior fiscal year (July 1 through June 30), which certification 
is either: 

(A) postmarked by December 3 1 , or 

(B) if postmarked after December 31, the apportionment information 
report must be accompanied by a waiver request as provided by Educa- 
tion Code section 33050. For those apportionment information reports 
postmarked after December 31, apportionment payment is contingent 
upon the availabiUty of an appropriation for this purpose in the fiscal year 
in which the tests were administered. 

(c) The amount of funding to be apportioned to the school district for 
the examination shall be calculated by multiplying the amount per ad- 
ministration established by the SBE to enable school districts to meet the 
requirements of Education Code section 60851 by the number of eligible 
pupils and eligible adult students in the school district tested for one or 
both portions of the examination during the previous fiscal year as deter- 
mined by the apportionment information report certified by the school 
district superintendent pursuant to subdivision (b). 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
60851. Education Code. 

History 

1. New article 5 (section 1225) and section filed 6-20-2001; operative 7-20-2001 
(Register 2001, No. 25). 

2. Amendment of Note filed 5-1-2003; operafive 5-1-2003 pursuant to Govern- 
ment Code section 11343.4 (Register 2003, No. 18). 

3. Amendment of subsection (c) and new subsection (d) filed 5-19-2004; opera- 
tive 5-19-2004 pursuant to Government Code section 11343.4(c) (Register 
2004, No. 21). 

4. Repealer and new subsections (a) and (b), amendment of subsection (c) and re- 
pealer of subsection (d) filed 8-16-2005; operative 8-16-2(X)5 pursuant to 
Government Code section 11343.4 (Register 2005, No. 33). 

5. Amendment of subsection (b)(1), new subsection (b)(2), subsection renumber- 
ing and amendment of newly designated subsection (b)(3) and subsection (c) 
filed 12-20-2007; operative 12-20-2007 pursuant to Govemmenl Code sec- 
tion 1 1343.4 (Register 2007, No. 51). 



Subchapter 7. Graduation of Pupils from 
Grade 12 and Credit Toward Graduation 



Article 1 . Measurement of Credit Toward 
Graduation from Grade 12 

§1600. Definitions. 

For the purposes of this chapter: 

(a) "Semester period" and the "time equivalent to a semester period" 
mean: 

(1) One period of 40 to 60 minutes of instructional time per week 
throughout one semester of no less than 1 7 weeks. 

(2) A minimum of 1 2 clock hours of instructional time provided during 
the academic year or in a summer school. 

(b) "Semester period" and the "content equivalent to a semester peri- 
od" mean: 



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4} 1630 



( 1 ) While the content to be covered is planned within the time frames 
referred to in (a), a student may be granted one semester period of credit 
even though the student spends less than the aforementioned amount of 
time in completing the necessary work. 
NOTE: Authority cited: Section 33031, Education Code. 

History 

1. Repealer of Article 1 (Sections 1600 through 1602) filed 4-17-73: effective 
thirtieih dav ihereafler (Reeisler 73, No. 16). For prior history, see Retrisler 69. 
No. .39. 

2. New Article 1 (§ 1600) filed 3-7-74: effective thirtieth day thereafter (Register 
74, No. 10). 

3. Amendment of NOTE filed 9-23-77: effective thirtieth dav thereafter (Register 

77, No. .39). 



Article 2. Credit Toward High School 
Graduation 

§ 1 630. Credit for College Courses. 

NOTE: Authority cited: Sections 51740 and 51760, Education Code. 

History 

1. New Article 2 (§§ 16.30 through 1635) filed 7-22-69: effective thirtieth day 
thereafter (Register 69, No. 30). 

2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day ihereal - 
ter(Register77, No. .39). 

3. Change without regulatory effect repealing section filed 9-1-2005 pursuant to 
section 100, title 1. California Code of Regulations (Register 2005. No. 35). 



[The next page is 47. 



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§ 1631. Credit for Private Instruction. 

The governing board may gram to a pupil regularly enrolled and in at- 
tendance in a high school, credit toward graduation from Grade 12 for 
private instruction in fields and subject included in the courses of study 
and curricula of the school. The pupil shall demonstrate, by examinations 
given under the direction and supervision of the school, his capabilities 
at the beginning and at the end of his period of private instruction and evi- 
dence that he has made progress in learning satisfactory to the school. 

§ 1632. Credit for Private School Foreign Language 
Instruction. 

if all of the following conditions and standards are met, credit for for- 
eign language studies successfully completed in a private school shall be 
granted and apply toward meeting any foreign language requirement pre- 
scribed for grades 9-12. 

(a) The pupil seeking credit is regularly enrolled and in attendance in 
grade 9-12 of the district or is applying for admission thereto. 

(b) The pupil, or his parent or guardian, on behalf of the pupil, makes 
written application for the credit, specifying the private school attended 
and the amount and level of credit requested; and submits a transcript or 
other documents from the private school evidencing the pupil's succes- 
sful completion of the course. The amount of credit sought shall not be 
less than one semester's work or the equivalent. 

(c) The pupil demonstrates to the satisfaction of the principal of the 
public school in which he is enrolled that his achievement in the foreign 
language is equivalent to that expected of a pupil of comparable ability 
taking the same or similar instruction at the specified level in the schools 
of the district. The principal's determination shall be based upon the pri- 
vate school's report of the results of a test given the pupil by the private 
school; the test shall have been developed by the private school in coop- 
eration with the district of the pupil's attendance. If the institution was 
a school located outside the district, the determination may be based upon 
a test given the student by a public school or such other evidence as the 
principal deems appropriate. 

NOTE: Specific authority cited: Section 8705, Education Code. 

§ 1633. Credit for Correspondence Instruction. 

Credit toward graduation may be granted for correspondence instruc- 
tion that meets the requirements of (a) and (b), is in a subject included in 
the pupil's course of study, and is given by an institution described in 
Education Code Section 51740. 

Payment of the cost of correspondence instruction may be made by the 
district, only if the requirements of Education Code Section 51740 or 
5 1 74 1 , as applicable, are met and all of the following conditions are ful- 
filled: 

(a) The governing board determined the number of semester periods 
to be credited for successful completion of a particular correspondence 
course. 

(b) No more than 40 semester periods of instaiction by correspon- 
dence is credited to a pupil toward his graduation from grade 12. 

(c) The district applied, on a form furnished by the State Department 
of Education and in accordance with the directions thereon, for authori- 
zation to provide the correspondence instruction; and the Superintendent 
of Public Instruction authorized it. 

History 

1 . Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth 
day thereafter (Register 77, No. 39). 

§ 1634. Credit to Present or Past Members of the Armed 
Services. 

The governing board maintaining a four-year high school or a senior 
high school may award a diploma of graduation from Grade 12 to a per- 
son described in Education Code Section 51440 who meets the gradua- 
tion requirements adopted by the governing board pursuant to Education 
Code Section 51225, or their equivalent. The governing board shall keep 
a permanent record of the credit allowed pursuant to this section. Credit 



toward graduation may be allowed to such a person in accordance with 
the following table: 

Muxiiiiiiiii 

Scnu'slcr 

Work Successfully Periods of 

Completed Credit Mhwcible 

(a) Basic or recruit training program wiih the 

Armed Forces of the United Slates 30 

(b) Specialist or technical training program in the 
United States military services evidenced by 
certification of the U.S. Armed Forces histitute, 
provided the training is in subjects thai parallel 

courses usually taught in high school 20 lor each course 

(c) A training course, as a member of the 
Armed Forces, in a vocation that is 

found in civilian life 20 lor each course 

(d) General Educational Development Tests 
(high school level) prepared by the 

American Council on Education with both: No limit 

( 1 ) A standard score of 40, or above, on each of 
the tests in the battery. 

(2) An average standard score of 43. or above. 

(e) Work experience in the Armed Forces that 
parallels a course or courses (usually taught 
in high schools, evidenced by a statement 

upon the serviceman's record 20 

(f) Classes completed in either: 

( 1 ) A pubUc high school in the United States .5 lor each semesier 

course completed 

(2) A private high school of equivalent status in 
the United States. 

(g) Classes in subjects included in the high school 
course of study completed in a junior college 
or college in the United States accredited by 

a regional accrediting association. 3 1/3 (or each 

one credit hour 

allowed by the 

junior ct)llege 

or college in 

which the class 

was taken. 

NOTE: Authority cited: Section 31440, Education Code. Reference: Sections 

31420 and 51440, Education Code. 

History 

1 . Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth 
day thereafter (Register 77, No. 39). 

2. Amendment of subsection (d)(1) filed 7-28-86; effective upon filing (Reeisier 
86, No. 31). 

§ 1635. Credit for Work Experience Education. 

The governing board shall grant to a pupil for the satisfactory comple- 
tion of work experience education established under Education Code 
Section 51760 credit in an amount not to exceed a total of 40 semesier 
periods made up of one or a combination of two or more of the following 
types: 

(a) For Exploratory Work Experience Education: Ten (10) semester 
periods for each semester, with a maximum of twenty (20) semester peri- 
ods earned in two semesters. 

(b) For General Work Experience Education: Ten (JO) semester peri- 
ods for each semester with a maximum of forty (40) semester periods. 

(c) For Vocational Work Experience Education: Ten ( 1 0) semester pe- 
riods for each semester with a maximum of forty (40) semester periods. 

History 

1. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth 
day thereafter (Register 77, No. 39). 



Article 3. Diploma of Graduation 

§ 1650. Time of Granting Diploma. 

Except as provided in Section 1651, the governing board shall award 
the diploma of graduation from grade 12 at the end of the semesier or 
summer school session during which the student completed the course 
of study prescribed by the governing board. 

History 
1. New Article 3 (Sections 1630 and 1631) filed 7-22-69; effective thirtieth day 

thereafter (Register 69, No. 30). 



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§ 1651. Time of Granting Diploma upon Evaluation 
(Veterans). 

If the governing board evaluates preparation of a person described in 
Education Code Section 51440 as provided in Section 1634, and finds 
that he meets the graduation requirements or their equivalent specified 
in that section, it may award him a diploma of graduation immediately. 

History 

1 . Amendment filed 9-23-77; effective thirtieth day thereafter (Resister 77, No. 
39). 



Chapter 3. Handicapped Children 

Subchapter 1 . Special Education 

Article 1. General Provisions 

§ 3000. Scope. 

(a) This chapter applies to those special education programs which are 
administered under a local plan as defined in Section 56027 and Part 30 
of the Education Code. Provisions of this chapter shall be construed as 
supplemental to, and in the context of. Federal laws and regulations relat- 
ing to individuals with exceptional needs in effect on January 1, 1981, 
and state laws and regulations relating to individuals with exceptional 
needs. The intent of this chapter is to assure conformity with the Educa- 
tion for All Handicapped Children Act. Public Law 94-142 (20 USC 
1401, et seq.) and Section 504 of the Rehabilitation Act of 1973, Public 
Law 93-1 12 (29 USC 794), and their implementing regulations includ- 
ing Title 34, Code of Federal Regulations, Sections 300.1 et seq,; Sec- 
tions 104.1 et seq.; and Sections 76.1 et seq. 

(b) A school district, special education local plan area, or county office 
shall use federal, state, local, and private sources of support which are 
available to provide services as specified in an individualized education 
program. 

(c) Nothing in this chapter relieves any other agency from an otherwise 
valid obligation to provide or pay for services for individuals with excep- 
tional needs. Clarification and specificity of responsibilities shall be in- 
cluded in but not limited to interagency agreements. 

NOTE: Authority cited: Section 56100(a), (i) and (j). Education Code. Reference: 
sections 56000-56001, Education Code; and 34 CFR 300.301. 

History 

1. Repealer of Division 3, Chapters 1-5 (sections 3100-3797, not consecutive) 
and new Division 3, Chapter 1, Articles 1-7, (sections 300-3080. not consecu- 
tive) filed 2-3-82; effective thirtieth day thereafter (Register 82. No. 6). For 
prior history of former Division 3, see Registers 80, No. 23; 80, No. 12; 79, No. 
38; and 79; and 79, No. 16. 

2. Amendment of subsection (b) filed 3-21-88; operative 4-20-88 (Register 88, 
No. 15). 

§3001. Definitions. 

In addition to those found in Education Code sections 56020-56033, 
Public Law 94-142 as amended (20 USC 1401 et seq.), and Title 34, 
Code of Federal Regulations, Part 300 and 301 , the following definitions 
are provided: 

(a) "Applicant" means an individual, firm, partnership, association, or 
corporation who has made application for certification as a nonpublic, 
nonsectarian school, or agency. 

(b) "Assessment and development of the individualized education 
program" (lEP) means services described in Education Code sections 
56320 et seq. and 56340 et seq. 

(c) "Behavioral emergency" is the demonstration of a serious behavior 
problem: (1) which has not previously been observed and for which a be- 
havioral intervention plan has not been developed; or (2) for which a pre- 
viously designed behavioral intervention is not effective. Approved be- 
havioral emergency procedures must be outlined in the special education 
local planning area (SELPA) local plan. 



(d) "Behavioral intervention" means the systematic implementation 
of procedures that result in lasting positive changes in the individual's be- 
havior. "Behavioral intervention" means the design, implementation, 
and evaluation of individual or group instructional and environmental 
modifications, including programs of behavioral instruction, to produce 
significant improvements in human behavior through skill acquisition 
and the reduction of problematic behavior. "Behavioral interventions" 
are designed to provide the individual with greater access to a variety of 
community settings, social contacts and public events; and ensure the in- 
dividual's right to placement in the least restrictive educational environ- 
ment as outlined in the individual's lEP. "Behavioral interventions" do 
not include procedures which cause pain or trauma. "Behavioral inter- 
ventions" respect the individual's human dignity and personal privacy. 
Such interventions shall assure the individual's physical freedom, social 
interaction, and individual choice. 

(e) "Behavioral intervention case manager" means a designated certif- 
icated school/district/county/nonpublic school or agency staff mem- 
ber(s) or other qualified personnel pursuant to subsection (ac) contracted 
by the school district or county office or nonpublic school or agency who 
has been trained in behavior analysis with an emphasis on positive be- 
havioral interventions. The "behavioral intervention case manager" is 
not intended to be a new staffing requirement and does not create any new 
credentialing or degree requirements. The duties of the "behavioral inter- 
vention case manager" may be performed by any existing staff member 
trained in behavior analysis with an emphasis on positive behavioral in- 
terventions, including, but not hmited to, a teacher, resource specialist, 
school psychologist, or program specialist. 

(f) "Behavioral intervention plan" is a written document which is de- 
veloped when the individual exhibits a serious behavior problem that sig- 
nificantly interferes with the implementation of the goals and objectives 
of the individual's lEP. The "behavioral intervention plan" shall become 
part of the lEP. The plan shall describe the frequency of the consultation 
to be provided by the behavioral intervention case manager to the staff 
members and parents who are responsible for implementing the plan. A 
copy of the plan shall be provided to the person or agency responsible for 
implementation in noneducational settings. The plan shall include the 
following: 

(1) a summary of relevant and determinative information gathered 
from a functional analysis assessment; 

(2) an objective and measurable description of the targeted maladap- 
tive behavior(s) and replacement positive behavior(s); 

(3) the individual's goals and objectives specific to the behavioral in- 
tervention plan; 

(4) adetailed description of the behavioral interventions to be used and 
the circumstances for their use; 

(5) specific schedules for recording the frequency of the use of the in- 
terventions and the frequency of the targeted and replacement behaviors; 
including specific criteria for discontinuing the use of the intervention for 
lack of effectiveness or replacing it with an identified and specified alter- 
native; 

(6) criteria by which the procedure will be faded or phased-out, or less 
intense/frequent restrictive behavioral intervention schedules or tech- 
niques will be used; 

(7) those behavioral interventions which will be used in the home, resi- 
dential facility, work site or other noneducational settings; and 

(8) specific dates for periodic review by the lEP team of the efficacy 
of the program. 

(g) "Board" means the State Board of Education. 

(h) "Certification" means authorization by the State Superintendent of 
F*ublic Instruction (Superintendent) for a nonpublic school or nonpublic 
agency to service individuals with exceptional needs under a contract 
pursuant to the provisions of Education Code section 56366(c). 

(i) "Contracting education agency," means school district, special 
education local plan area, or county office of education. 

(j) "Credential" means any valid credential, Ufe diploma, permit, or 
document in special education or pupil personnel services issued by, or 



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§ 3001 



under ihe jurisdiction of. liie State board of Education prior to 1 970 or the 
Calit'omia Commission on Teacher Credentialing, which entitles the 
holder thereof to perform services for which certification qualifications 
are required. 

(k) "'Department" means the California Department of Education. 

(/) "Department of Consumer Affairs" means the California Depart- 
ment of Consumer Affairs. 

(m) "Dual enrollment" means the concurrent attendance of the indi- 
vidual in a public education agency and a nonpublic school and/or a non- 
public agency. 

(n) "Feasible" as used in Education Code section 56363(a) means the 
individualized education program team: 

( 1 ) has determined the regular class teacher, special class teacher, and/ 
or resource specialist possesses the necessary competencies and creden- 
tials/certificates to provide the designated instruction and service speci- 
fied in the individualized education program, and 

(2) has considered the time and activities required to prepare for and 
provide the designated instruction and service by the regular class teach- 
er, special class teacher, and/or resource specialist. 

(0) "Free appropriate public education" means special education and 
related services that: 

(1) have been provided at public expense, under public supervision 
and direction and without charge: 

(2) meets any of the standards established by state or federal law; 

(3) include an appropriate preschool, elementary, or secondary school 
education in California; and 

(4) are provided in conformity with the individualized education pro- 
gram required under state and federal law. 

(p) "Individual Services Agreement" means a document, prepared by 
the local education agency, that specifies the length of time for which 
special education and de.signated instruction and services are to be pro- 
vided, by nonpublic schools and/or nonpublic agencies, to individuals 
with exceptional needs. 

(q) "Instructional day" shall be the same period of time as regular 
school day for that chronological peer group unless otherwise specified 
in the individualized education program. 

(r) "License" means a valid nonexpired document issued by a licens- 
ing agency within the Department of Consumer Affairs or other state li- 
censing office authorized to grant licenses and authorizing the bearer of 
the document to provide certain professional services or refer to them- 
selves using a specified professional title. If a license is not available 
through an appropriate state licensing agency, a certificate of registration 
with the appropriate professional organization at the national or state lev- 
el which has standards established for the certificate that are equivalent 
to a license shall be deemed to be a license. 

(s) Linguistically appropriate goals, objectives, and programs means: 

(1)(A) Those activities which lead to the development of English lan- 
guage proficiency; and 

(B) Those instructional systems either at the elementary or secondary 
level which meet the language development needs of the English lan- 
guage learner. 

(2) For individuals whose primary language is other than English, and 
whose potential for learning a second language, as determined by the in- 
dividualized education program teain, is severely limited, nothing in this 
section shall preclude the individualized education program team from 
determining that instruction may be provided through an alternative pro- 
gram pursuant to a waiver under Education Code section 3 1 1 (c), includ- 
ing a program provided in the individual's primary language, provided 
that the lEP team periodically, but not less than annually, reconsiders the 
individual's ability to receive instruction in the English language. 

(t) "Local education agency" means a public board of education or oth- 
er public authority legally constituted in California for either administra- 
tive control or direction of, or to perform a service function for, public 
elementary or secondary schools in a city, county, township, school dis- 
trict, or other political subdivision of California, or such combination of 



school districts or counties as are recognized in California as an adminis- 
trative agency for its public elementary or secondary schools. 

(u) "Local governing board," means either district or county board of 
education. 

(v) "Master contract" means the legal document that binds the public 
education agency and the nonpublic school or nonpublic agency. 

(w) "Nonsectarian" means a private, nonpublic school or agency that 
is not owned, operated, controlled by, or formally affiliated with a reli- 
gious group or sect, whatever might be the actual character of the educa- 
tion program or the primary purpose of the facility and whose articles of 
incorporation and/or by-laws stipulate that the assets of such agency or 
corporation will not inure to the benefit of a religious group. 

(x) "Primary language" means the language other than English, or oth- 
er mode of communication, the person first learned, or the language 
which is spoken in the person's home. 

(y) "Qualified" means that a person has met federal and state certifica- 
tion, licensing, registration, or other comparable requirements which ap- 
ply to the area in which he or she is providing special education or related 
services, or. in the absence of such requirements, the state-education- 
agency-approved or recognized requirements, and adheres to the stan- 
dards of professional practice established in federal and state law or regu- 
lation, including the standards contained in the California Business and 
Professions Code. Nothing in this definition shall be construed as re- 
stricting the activities in services of a graduate needing direct hours lead- 
ing to licensure, or of a student teacher or intern leading to a graduate de- 
gree at an accredited or approved college or university, as authorized by 
state laws or regulations. 

(z) "Related services" means transportation, and such developmental, 
corrective, and other supportive services (including speech pathology 
and audiology, psychological services, physical and occupational thera- 
py, recreation, including therapeutic recreation, social work services, 
counseling services, including rehabilitation counseling, and medical 
services, except that such medical services shall be for diagnostic and 
evaluation purposes only) as required to assist an individual with excep- 
tional needs to benefit from special education, and includes the early 
identification and assessment of disabling conditions in children. Related 
services include, but are not limited to. Designated Instruction and Ser- 
vices. The list of related services is not exhaustive and may include other 
developmental, corrective, or supportive services if they are required to 
assist a child with a disability to benefit from special education. Each re- 
lated service defined under this part may include appropriate administra- 
tive and supervisory activities that are necessary for program planning, 
management, and evaluation. 

(aa) "Serious behavior problems" means the individual's behaviors 
which are self-injurious, assaultive, or cause serious properly damage 
and other severe behavior problems that are pervasive and maladaptive 
for which instructional/behavioral approaches specified in the student's 
lEP are found to be ineffective. 

(ab) "Specified education placement" means that unique combination 
of facilities, personnel, location or equipment necessary to provide 
instructional services to an individual with exceptional needs, as speci- 
fied in the lEP, in any one or a combination of public, private, home and 
hospital, or residential setting. The lEP team shall document its rationale 
forplacement in other than the pupil's school and classroom in which the 
pupil would otherwise attend if the pupil were not disabled. The docu- 
mentation shall indicate why the pupil's disability prevents his or her 
needs from being met in a less restrictive environment even with the use 
of supplementary aids and services. 

(ac) "Special education" means specially designed instruction, at no 
cost to the parents, to meet the unique needs of individuals with excep- 
tional needs whose educational needs cannot be met with modification 
of the regular instruction program, and related services, at no cost to the 
parent, thai may be needed to assisl these individuals to benefit from spe- 
cially designed instruction. 



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(ad) "Specialized physical health care services" means those health 
services prescribed by the individual's licensed physician and surgeon 
requiring medically related training for the individual who performs the 
services and which are necessary during the school day to enable the indi- 
vidual to attend school. 

(ae) "Superintendent" means the State Superintendent of Public 
Instruction. 

(af) "Temporary physical disability" means a disability incurred while 
an individual was in a regular education class and which at the termina- 
tion of the temporary physical disability, the individual can. without spe- 
cial intervention, reasonably be expected to return to his or her regular 
education class. 

NOTE: Authority cited: Sections 56100 and 56523(a), Education Code. Refer- 
ence: Sections 33000, 33300, 49423.5. 56026, 56034, 56320, 56361. 56366, 
56520 and 56523. Education Code; Section 2, Article IX, Constitution of the State 
of California; Sections 1401(8) and (17), United States Code, Title 20; and Sec- 
tions 300.4 and 300.12, Code of Federal Regulations. Title 34. 

History 

1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15). 

2. New subsections (c)-(f)(8) and (y) and subsection relettering, amendment of 
newly designated subsections (j), (k), (p)( 1 )(B)-(p)(3), (r), (s), (v), (z) and (aa), 
and amendment of opening paragraph and Note filed 4-20-93; operative 
5-20-93 (Register 93, No. I?). 

3. Editorial correction of subsection (b) (Register 96, No. 8). 

4. Amendment of subsections (f), (f)(7), (j) and (y) filed 2-23-96 as an emergency; 
operative 2-23-96 (Register 96, No. 8). A Certificate of Compliance must be 
transmitted to OAL by 6-22-96 or emergency language will be repealed by op- 
eration of law on the following day. 

5. Editorial correction of subsection (j) (Register 96, No. 32). 

6. Certificate of Compliance as to 2-23-96 order transmitted to OAL 6-2 1 -96 and 
filed 8-5-96 (Register 96, No. 32). 

7. Amendment of section and Note filed 7-18-97 as an emergency; operative 
7-1 8-97 (Register 97, No. 29). A Certificate of Compliance must be transmitted 
to OAL by 1 1-17-97 or emergency amendments will be repealed by operation 
of law on the following day. 

8. Amendment of section and Note refiled 1 1-14-97 as an emergency; operative 
11-14-97 (Register 97, No. 46). A Certificate of Compliance must be trans- 
mitted to OAL by 3-16-98 or emergency language will be repealed by opera- 
tion of law on the following day. 

9. Reinstatement of secfion and Note as they existed prior to 7-1 8-97 emergency 
amendment by operation of Government Code secfion 1 1346.1(f) (Register 98, 
No. 16). 

10. Amendment of section and Note filed 4—16-98 as an emergency; operative 
4-16-98 (Register 98, No. 16). A Certificate of Compliance must be transmitted 
to OAL by 8-14-98 or emergency language will be repealed by operation of law 
on the following day. 

1 1 . Reinstatement of section and Note as they existed prior to 4- 1 6-98 emergency 
amendment by operation of Government Code section 1 1346.1(f) (Register 98, 

No. 34). 

12. Amendment of first paragraph, new subsections (c), (d), (n), (v), (w), (z), (aa), 
(ae), (ag) and (a)(k), subsection relettering, amendment of newly designated 
subsections (0, (g), (i), (o), (q), (r), (s)(2), (x), (y), (ab), (ac) and (ad), and 
amendment of Note filed 8-19-98 as an emergency; operafive 8-19-98 (Reg- 
ister 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 
12-17-98 or emergency language will be repealed by operation of law on the 
following day. 

13. Reinstatement of section and Note as they existed prior to 8-19-98 emergency 
amendment by operation of Government Code section 1 1346.1(f) (Register 98, 

No. 52). 

14. Amendment of first paragraph, new subsections (c), (d), (n), (v), (w), (z), (aa), 
(ae), (ag) and (ak), subsection relettering, amendment of newly designated sub- 
sections (f), (g), (i), (o), (q), (r) and (s)(l)(A)-(B), repealer of subsection (s)(2), 
subsection renumbering, amendment of newly designated subsecfions (s)(2), 
(x), (y), (ab), (ac), (ad) and amendment of Note filed 12-21-98 as an emergen- 
cy; operative 12-21-98 (Register 98, No. 52). A Certificate of Compliance must 
be transmitted to OAL by 4-20-99 or emergency language will be repealed by 
operation of law on the following day. 

15. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 
(Register 99, No. 13). A Certificate of Compliance must be transmitted to OAL 
by 7-23-99 or emergency language will be repealed by operation of law on the 
following day. 

16. Certificate of Compliance as to 3-25-99 order, including amendment of sec- 
tion and Note, transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 
36). 



Article 2. Administration 

§3010. Other Public Agencies. 

Educational programs and services administered by other public agen- 
cies which provide educational programs and services to individuals with 
exceptional needs shall adhere to the provisions of federal and state laws 
and regulations relating to individuals with exceptional needs. 
NOTE: Authority cited: Section 56100(a) and (i). Education Code; 20 U.S.C. 
1414(c)(2)(B); and 34 CFR .300.600. Reference: Sections 56000. 56]00(i) and 
56500. Education Code; and 34 CFR 300.2. 30.1 1, 300.60. 

Article 3. Identification, Referral, and 
Assessment 

§3021. Referral. 

(a) All referrals for special education and related services shall initiate 
the assessment process and shall be documented. When a verbal referral 
is made, staff of the school district, special education local plan area, or 
county office shall offer assistance to the individual in making a request 
in writing, and hall assist the individual if the individual requests such as- 
sistance. 

(b) All school staff referrals shall be written and include: 

(1) A brief reason for the referral. 

(2) Documentation of the resources of the regular education program 

that have been considered, modified, and when appropriate, the results 

of intervention. This documentation shall not delay the time-lines for 

completing the assessment plan or assessment. 

NOTE: Authority cited: Section 56100(a). (i) and (j). Education Code; Reference: 
Secuons 56300-56303, Educafion Code; and 34 CFR 300.128 and 300.220. 

History 
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15). 

§ 3021 .1 . Referral of Pupils Having a Diagnosed Chronic 
Illness. 

(a) When a pupil has been medically diagnosed as having a chronic il- 
lness or acute health problem, the pupil may be referred to the school dis- 
trict or county office for an assessment to determine the need for special 
education. 

(b) The following information shall be reviewed by the individualized 
education program team: 

(1) The type of chronic illness; 

(2) The possible medical side effects and complications of treatment 
that could affect school functioning: 

(3) The educational and social implications of the disease and treat- 
ment to include but not limited to the likelihood of fatigue, absences, 
changes in physical appearance, amputations, or problems with fine and 
gross motor control, and 

(4) Special considerations necessitated by outbreaks of infectious dis- 
eases, if applicable. 

(c) The individualized education program team shall designate the 
school's liaison with the pupil's primary health provider. 

NOTE: Authority cited: Section 56100(a), (i) and (j). Education Code. Reference: 
Sections 56300-56303, Education Code; and 34 CFR 300.128 and 300.220. 

History 
1. New secfion filed 3-21-88; operative 4-20-88 (Register 88, No. 15). 

§ 3022. Assessment Plan. 

In addition to the assessment plan requirements of Education Code 
Section 56321, the proposed written assessment plan shall include a de- 
scription of any recent assessments conducted, including any available 
independent assessments and any assessment information the parent re- 
quests to be considered, and information indicating the pupil's primary 
language and the pupil's language proficiency in the primary language 
as determined by Education Code SecUon 52164.1. 

NOTE: Authority cited: Secfion 56100(a), (i), (j). Education Code; and 20 U.S.C. 
1414(c)(2)(B). Reference: Secfions 56321, 56329, Educafion Code; and 34 CFR 
300.500-502, and 300.515-541. 



• 



• 



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§ 3030 



§ 3023. Assessment. 

(a) In addition to provisions of Education Code Section 56320, asses- 
sments shall be administered by qualified personnel who are competent 
in both the oral or sign language skills and written skills of the individu- 
al's primary language or mode of communication and have a knowledge 
and understanding of the cultural and ethnic background of the pupil. If 
it clearly is not feasible to do so. an interpreter must be used, and the 
assessment report shall document this condition and note that the validity 
of the assessment may have been affected. 

(b) The normal process of second-language acquisition, as well as 
manifestations of dialect and sociolinguistic variance shall not be diag- 
nosed as a handicapping condition. 

NOTE: Aiithoritv cited: Section 56100(a), (i) and (j). Education Code. Reference: 
Sections 56001 . 56320. 56324 and 56327, Education Code; and 34 CFR 300.530, 
300.532 and 300..^43. 

History 
] . Amendment of subsection (a) Hied 3-21-88; operative 4-20-88 (Register 88, 
No. 15). 

§ 3024. Transfer. 

In addition to the requirements specified in Education Code Section 
.5632.5 and all applicable sections in this chapter, the following shall ap- 
ply: 

(a) Transfer of Records. Upon receipt of a request from an educational 
agency where an individual with exceptional needs has enrolled, a former 
educational agency shall send the pupil's special education records, or a 
copy thereof, within five working days. 

(b) Transition from Elementary School District to High School Dis- 
trict. 

When a pupil is to enroll in a high school district from an elementary 
district, the elementary district shall invite the high school district to the 
individualized education program team meeting prior to the last sched- 
uled review. If the authorized high school personnel participate with the 
elementary district personnel in the individualized education program 
team meeting, the individualized education program shall specify the ap- 
propriate high school placement. 

If the authorized representative of the high school district has not par- 
ticipated in the individualized education program development prior to 
transfer from the elementary program, the elementary school district 
shall notify the high school district of those individuals with exceptional 
needs who require special education and related services. For each pupil 
listed who enrolls in the high school district, the administrator shall make 
an interim placement in accordance with Education Code 56325 or shall 
immediately convene an individualized education program team meet- 
ing. 

NOTE: Authority cited: Sections 49068 and 56100(a), Education Code. Refer- 
ence: Sections 49068 and .56325, Education Code. 

§ 3025. Assessment Option: Referral to State Schools for 
Further Assessment. 

(a) Prior to referring a pupil for further assessment to California 
Schools for the Deaf or Blind or the Diagnostic Schools, districts, special 
education local plan areas, counties, or other agencies providing educa- 
tion services, shall first conduct assessments at the local level within the 
capabilities of that agency. Results of local assessments shall be provided 
to parent(s) and shall state the reasons for referral to the State School. Re- 
sults of local assessments shall accompany the referral request. 

(b) The Schools for the Deaf and Blind and the Diagnostic Schools 
shall conduct assessments pursuant to the provisions of Education Code 
Section 56320 et seq. 

(c) A representative of the district, special education local plan areas, 
or county individualized education program team shall participate in the 
staffing meeting and shall receive the final report and recommendations. 
Conference calls are acceptable forms of participation, provided that 
written reports and recommendations have been received by the repre- 
sentative prior to the meeting. 

NOTE: Authority cited: Section 56100(a). Education Code. Reference: Section 
56326, Education Code. 



History 
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15). 

§ 3027. Hearing and Vision Screening. 

All pupils being assessed for initial and three-year review for special 
education services shall have had a hearing and vision screening, unless 
parental permission was denied. 

NOTE: Authority cited: Section 56100(a), Education Code. Reference: Sections 
56320. 56321 and 56327, Education Code; and 34 CFR 300.532. 

§ 3028. Audiological Assessment. 

All pupils continuing to fail a threshold hearing test shall be assessed 
by a licensed or credentialed audiologist and such assessinent shall be a 
part of the assessment plan. 

NOTE: Authority cited: Section 56100(a), Education Code. Reference: Sections 
56320 and 56327, Education Code; and 34 CFR 300.532. 

§ 3029. Contracting for Individually Administered Tests of 
Psychological Functioning Due to the 
Unavailability of School Psychologists. 

(a) School districts, county offices, and special education local plan 
areas shall ensure that credentialed school psychologists are available to 
perform individually administered tests of intellectual or emotional func- 
tioning pursuant to Section 56320(b)(3) of the Education Code. 

(b) Due to the temporary unavailability of a credentialed school psy- 
chologist, a school district or county office may contract with qualified 
personnel to perform individually administered tests of intellectual or 
emotional functioning including necessary reports pursuant to Section 
56327 of the Education Code. 

(c) The district or county office shall seek appropriately credentialed 
school psychologists for employment. These efforts, which include but 
are not hmited to contacting institutions of higher education having ap- 
proved school psychology programs and utilizing established personnel 
recruitment pracuces, shall be documented and available for review. 

(d) The only persons qualified to provide assessment services under 
this section shall be educafional psychologists licensed by the Board of 
Behavioral Science Examiners. 

NOTE: Authority cited: Sections 56100(a) and 56320(0. Education Code. Refer- 
ence: Sections 56320(b) and 56327, Education Code. 

History 
1. New section filed 3-21-88; operative 4-20-88 (Register 88, No. 15). 



Article 3.1. 



Individuals with Exceptional 
Needs 



§ 3030. Eligibility Criteria. 

A pupil shall qualify as an individual with exceptional needs, pursuant 
to SecUon 56026 of the Education Code, if the results of the assessment 
as required by Section 56320 demonstrate that the degree of the pupil's 
impairment as described in Section 3030 (a through j) requires special 
education in one or more of the program options authorized by Section 
56361 of the Educafion Code. The decision as to the whether or not the 
assessment results demonstrate that the degree of the pupil's impairment 
requires special education shall be made by the individualized education 
program team, including personnel in accordance with Section 56341 (d) 
of the Education Code. The individualized education program team shall 
take into account all the relevant material which is available on the pupil. 
No single score or product of scores shall be used as the sole criterion for 
the decision of the individualized education program team as to the pu- 
pil's eligibility for special education. The specific processes and proce- 
dures for implementation of these criteria shall be developed by each 
Special Educafion Local Plan Area and be included in the local plan pur- 
suant to Secfion 56220(a) of the Education Code. 

(a) A pupil has a hearing impairment, whether permanent or fiuctuat- 
ing, which impairs the processing of linguisfic informafion through hear- 
ing, even with amplification, and which adversely affects educational 
performance. Processing linguistic information includes speech and lan- 
guage reception and speech and language discrimination. 



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Title 5 



(b) A pupil has concomitant hearing and visual impairments, the com- 
bination of which causes severe communication, developmental, and 
educational problems. 

(c) A pupil has a language or speech disorder as defined in Section 
56333 of the Education Code, and it is determined that the pupil's disor- 
der meets one or more of the following criteria: 

(1) Articulation disorder. 

(A) The pupil displays reduced intelligibility or an inability to use the 
speech mechanism which significantly interferes with communication 
and attracts adverse attention. Significant interference in communication 
occurs when the pupil's production of single or multiple speech sounds 
on a developmental scale of articulation competency is below that ex- 
pected for his or her chronological age or developmental level, and which 
adversely affects educational performance. 

(B) A pupil does not meet the criteria for an articulation disorder if the 
sole assessed disability is an abnormal swallowing pattern. 

(2) Abnormal Voice. A pupil has an abnormal voice which is charac- 
terized by persistent, defective voice quality, pitch, or loudness. 

(3) Fluency Disorders. A pupil has a fluency disorder when the flow 
of verbal expression including rate and rhythm adversely affects commu- 
nication between the pupil and listener. 

(4) Language Disorder. The pupil has an expressive or receptive lan- 
guage disorder when he or she meets one of the following criteria: 

(A) The pupil scores at least 1.5 standard deviations below the mean, 
or below the 7th percentile, for his or her chronological age or develop- 
mental level on two or more standardized tests in one or more of the fol- 
lowing areas of language development: morphology, syntax, semantics, 
or pragmatics. When standardized tests are considered to be invalid for 
the specific pupil, the expected language performance level shall be de- 
termined by alternative means as specified on the assessment plan, or 

(B) The pupil scores at least L5 standard deviations below the mean 
or the score is below the 7th percentile for his or her chronological age 
or developmental level on one or more standardized tests in one of the 
areas listed in subsection (A) and displays inappropriate or inadequate 
usage of expressive or receptive language as measured by a representa- 
tive spontaneous or elicited language sample of a minimum of fifty utter- 
ances. The language sample must be recorded or transcribed and ana- 
lyzed, and the results included in the assessment report. If the pupil is 
unable to produce this sample, the language, speech, and hearing special- 
ist shall document why a fifty utterance sample was not obtainable and 
the contexts in which attempts were made to elicit the sample. When stan- 
dardized tests are considered to be invalid for the specific pupil, the ex- 
pected language performance level shall be determined by alternative 
means as specified in the assessment plan. 

(d) A pupil has a visual impairment which, even with correction, ad- 
versely affects a pupil's educational performance. 

(e) A pupil has a severe orthopedic impairment which adversely af- 
fects the pupil's educational performance. Such orthopedic impairments 
include impairments caused by congenital anomaly, impairments caused 
by disease, and impairments from other causes. 

(f) A pupil has limited strength, vitality or alertness, due to chronic or 
acute health problems, including but not limited to a heart condition, can- 
cer, leukemia, rheumatic fever, chronic kidney disease, cystic fibrosis, 
severe asthma, epilepsy, lead poising, diabetes, tuberculosis and other 
communicable infectious diseases, and hematological disorders such as 
sickle cell anemia and hemophilia which adversely affects a pupil's edu- 
cational performance. In accordance with Section 5626(e) of the Educa- 
tion Code, such physical disabilities shall not be temporary in nature as 
defined by Section 300 l(v). 

(g) A pupil exhibits any combination of the following autistic-like be- 
haviors, to include but not limited to: 

(1) An inability to use oral language for appropriate communication. 

(2) A history of extreme withdrawal or relating to people inappropri- 
ately and continued impairment in social interaction from infancy 
through early childhood. 

(3) An obsession to maintain sameness. 



(4) Extreme preoccupation with objects or inappropriate use of objects 
or both. 

(5) Extreme resistance to controls. 

(6) Displays peculiar motoric mannerisms and motility patterns. 

(7) Self-stimulating, ritualistic behavior. 

(h) A pupil has significantly below average general intellectual func- 
tioning existing concurrently with deficits in adaptive behavior and man- 
i tested during the developmental period, which adversely affect a pupil's 
educational performance. 

(i) Because of a serious emotional disturbance, a pupil exhibits one or 
more of the following characteristics over a long period of time and to a 
marked degree, which adversely affect educational performance: 

( 1 ) An inability to learn which cannot be explained by intellectual, sen- 
sory, or health factors. 

(2) An inability to build or maintain satisfactory interpersonal rela- 
tionships with peers and teachers. 

(3) Inappropriate types of behavior or feelings under normal circum- 
stances exhibited in several situations. 

(4) A general pervasive mood of unhappiness or depression. 

(5) A tendency to develop physical symptoms or fears associated with 
personal or school problems. 

(j) A pupil has a disorder in one or more of the basic psychological pro- 
cesses involved in understanding or in using language, spoken or written, 
which may manifest itself in an impaired ability to listen, think, speak, 
read, write, spell, or do mathematical calculafions, and has a severe dis- 
crepancy between intellectual ability and achievement in one or more of 
the academic areas specified in Section 56337(a) of the Education Code. 
For the purpose of Section 3030(j): 

(1) Basic psychological processes include attention, visual process- 
ing, auditory processing, sensory-motor skills, cognitive abilities in- 
cluding association, conceptualization and expression. 

(2) Intellectual ability includes both acquired learning and learning 
potential and shall be determined by a systematic assessment of intellec- 
tual functioning. 

(3) The level of achievement includes the pupil's level of competence 
in materials and subject matter explicitly taught in school and shall be 
measured by standardized achievement tests. 

(4) The decision as to whether or not a severe discrepancy exists shall 
be made by the individualized education program team, including asses- 
sment personnel in accordance with Section 56341(d), which takes into 
account all relevant material which is available on the pupil. No single 
score or product of scores, test or procedure shall be used as the sole crite- 
rion for the decisions of the individualized education program team as to 
the pupil's eligibility for special education. In determining the existence 
of a severe discrepancy, the individualized educafion program team shall 
use the following procedures: 

(A) When standardized tests are considered to be valid for a specific 
pupil, a severe discrepancy is demonstrated by: first, converting into 
common standard scores, using a mean of 100 and standard deviation of 
15, the achievement test score and the ability test score to be compared; 
second, computing the difference between these common standard 
scores; and third, comparing this computed difference to the standard cri- 
terion which is the product of 1.5 multiplied by the standard deviation of 
the distribution of computed differences of students taking these achieve- 
ment and ability tests. A computed difference which equals or exceeds 
this standard criterion, adjusted by one standard error of measurement, 
the adjustment not to exceed 4 common standard score points, indicates 
a severe discrepancy when such discrepancy is corroborated by other 
assessment data which may include other tests, scales, instruments, ob- 
servations and work samples, as appropriate. 

(B) When standardized tests are considered to be invalid for a specific 
pupil, the discrepancy shall be measured by alternative means as speci- 
fied on the assessment plan. 

(C) If the standardized tests do not reveal a severe discrepancy as de- 
fined in subparagraphs (A) or (B) above, the individualized education 
program team may find that a severe discrepancy does exist, provided 



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Title 5 



California Department of Education 



§ 3043 



th:ii the learn documents in j written report tiiat the severe discrepancy 
between ability and achievement exists as a result of a disorder in one or 
more of the basic psychological processes. The report shall include a 
statement of the area, the degree, and the basis and method use.d in deter- 
mining the discrepancy. The report shall contain information considered 
by the team which shall include, but not be limited to: 

1. Data obtained from standardized assessment instruments; 

2. hiformation provided by the parent; 

3. Information provided by the pupil's present teacher; 

4. Evidence of the pupil's performance in the regular and/or special 
education classroom obtained from observations, work samples, and 
group test scores; 

.^. Consideration of the pupil's age, particularly for young children; 
and 

6. Any additional relevant information. 

(5) The discrepancy shall not be primarily the result of limited school 
experience or poor school attendance. 

NOTI.: Authority cited: Statutes of 1 98 1 . Chapter 1 094, Section 25(a); and Section 
.56100(a). (g) and (i). Education Code. Reference: 20 USC 1401(a)(15) and 
1412(5): 34 CFR 300.5(b)(7) and (9). 300.532(a)(2). (d) and (e), 300.533, 
300.540. 300.541-43: and Sections 56026, 56320, 56333 and 56337, Education 
Code. 

History 

1 . New Article 3.1 (Sections 3030 and 3031) filed 1-31-83: effective thirtieth day 
thereafter (Register 83, No. 6). 

2. Amendment filed 2-11 -86; effecfive thirtieth day thereafter (Register 86, No. 

7). 

3. Amendment filed 3-21-88: operative 4-20-88 (Register 88. No. 15). 



§ 3031 . Additional Eligibility Criteria for Individuals with 
Exceptional Needs — Age Birth to Four Years 
and Nine Months. 

(a) A child, age birth to four years and nine months, shall qualify as an 
individual with exceptional needs pursuant to Education Code Section 
.'i6026(c)( 1 ) and (2) if the Individualized Education Program Team deter- 
mines that the child meets the following criteria: 

(1) Is identified as an individual with exceptional needs pursuant to 
Section 3030, and 

(2) Is identified as requiring intensive special education and services 
by meeting one of the following: 

(A) The child is functioning at or below 50% of his or her chronolog- 
ical age level in any one of the following skill areas: 

1 . gross or fine motor development; 

2. receptive or expressive language development; 

3. social or emotional development; 

4. cognitive development; and 

5. visual development. 

(B) The child is functioning between 5 1 % and 75% of his or her chro- 
nological age level in any two of the skill areas identified in Section 
303r(2)(A). 

(C) The child has a disabling medical condition or congenital syn- 
drome which the Individualized Education Program Team determines 
has a high predictability of requiring intensive special education and ser- 
vices. 

(b) Programs for individuals with exceptional needs younger than 
three years of age are permissive in accordance with Section 56001(c) of 
the Education Code except for those programs mandated pursuant to Sec- 
tion 56425 of the Education Code. 

Note: Authority cited: Statutes of 1 98 1 , Chapter 1 094, Section 25(a); and Section 
.56100(a), (g) and (i). Education Code. Reference: 20 USC 1401(a)(15); 34 CFR 
300.5: Statutes of 1981, Chapter 1094, Secfion 25(a); and Sections 56026, 
56030.5, 56333, and 56337, Education Code. 

History 

1. Amendment of subsection (a)(2) filed 3-21-88; operative 4 — 20-88 (Register 
88, No. 15). 



Article 4. Instructional Planning and 
individualized Education Program 

§ 3040. Individualized Education Program Implementation. 

(a) Upon completion of the individualized education program, that in- 
dividualized education program shall be implemented as soon as possible 
following the individualized education program team meeting. 

(b) A copy of the individualized education program shall be provided 
to the parents at no cost, and a copy of the individualized education pro- 
gram shall be provided in the primary language at the request of the par- 
ent. 

(c) The individualized education program shall show a direct relation- 
ship between the present levels of performance, the goals and objectives, 
and the specific educational services to be provide. 

NOTE; Authority cited: Section 56100(a), (i) and (j). Education Code. Reference: 
Section 56341, Education Code: and 34 CFR 300.342-300.345. 

History 

1. Repealer and new subsection (c) filed 3-21-88; operative 4-20-88 (Rciiister 
88, No. 15). 

§ 3042. Placement. 

(a) Specific educational placement means that unique combination of 
facilities, personnel, location or equipment necessary to provide instruc- 
tional services to an individual with exceptional needs, as specified in the 
individualized education program, in any one or a coinbination of public, 
private, home and hospital, or residential settings. 

(b) The individualized education program team shall document its ra- 
tionale for placement in other than the pupil's school and classroom i 
which the pupil would otherwise attend if the pupil were not handi- 
capped. The documentation shall indicate why the pupil's handicap pre- 
vents his or her needs from being met in a less restrictive environment 
even with the use of suppleinentary aids and services. 

History 
1. New .section filed 3-21-88; operative 4-20-88 (Register 88, No. 15). 

§ 3043. Extended School Year. 

Extended school year services shall be provided for each individual 
with exceptional needs who has unique needs and requires special educa- 
tion and related services in excess of the regular academic year. Such in- 
dividuals shall have handicaps vi/hich are likely to continue indefinitely 
or for a prolonged period, and intemjption of the pupil's educational pro- 
gramming may cause regression., when coupled with limited recoupment 
capacity, rendering it impossible or unlikely that the pupil will attain the 
level of self-sufficiency and independence that would otherwise be ex- 
pected in view of his or her handicapping condition. The lack of clear evi- 
dence of such factors may not be used to deny an individual an extended 
school year program if the individualized education program team deter- 
mines the need for such a program and includes extended school year in 
the individualized education program pursuant to subsection (0. 

(a) Extended year special education and related services shall be pro- 
vided by a school district, special education local plan area, or county of- 
fice offering programs during the regular academic year. 

(b) Individuals with exceptional needs who may require an extended 
school year are those who: 

(1) Are placed in special clasises or centers; or 

(2) Are individuals with exceptional needs whose individualized edu- 
cation programs specify an extended year program as determined by the 
Individualized Education Program Team. 

(c) The term "extended year" as used in this section means the period 
of time between the close of one academic year and the beginning of the 
succeeding academic year. The term "academic year" as used in this sec- 
tion means that portion of the school year during which the regular day 
school is maintained, which period must include not less than the number 
of days required to entitle the district, special education services region, 
or county office to apportionments of state funds. 



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(d) An extended year program shall be provided for a inininium of 20 
instruclional days, including holidays. For reimbursement purposes: 

(1) A maximum of 55 instructional days excluding holidays shall be 
allowed for individuals in special classes or centers for the severely han- 
dicapped; and 

(2) A maximum of 30 instaictional days excluding holidays shall be 
allowed for all other eligible pupils needing extended year. 

(e) A local governing board may increase the number of instructional 
days during the extended year period, but shall not claim revenue for av- 
erage daily attendance generated beyond the maximum instructional 
days allowed in subsection (d)(1) and (2). 

(f) An extended year program, when needed, as determined by the In- 
dividualized Education Program team, shall be included in the pupil's in- 
dividualized education program. 

(g) In order to qualify for average daily attendance revenue for ex- 
tended year pupils, all of the following conditions must be met: 

(1) Extended year special education shall be the same length of time 
as the school day for pupils of the same age level attending summer 
school in the district in which the extended year program is provided, but 
not less than the minimum school day for that age unless otherwise speci- 
fied in the individualized education program to meet a pupil's unique 
needs. 

(2) The special education and related services offered during the ex- 
tended year period are comparable in standards, scope and quality to the 
special education program offered during the regular academic year. 

(h) If during the regular academic year an individual's individualized 
education program specifies integration in the regular classroom, a pub- 
lic education agency is not required to meet that component of the indi- 
vidualized education program if no regular summer school programs are 
being offered by that agency. 

(i) This section shall not apply to schools which are operating a contin- 
uous school program pursuant to Chapter 5 (commencing with Section 
37600) of Part 22, Division 3, Title 2, of the Education Code. 

NOTE: Authority cited: Section 561(X)(a) and (j). Education Code. Reference: Sec- 
tions 37600, 41976.5 and 56345, Education Code; and34 C.F.R. 300.346. 

History 
]. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15). 



Article 5. 



Implementation (Program 
Components) 



§ 3051. Standards for Designated Instruction and Services 
(DIS). 

(a) General Provisions. 

( 1 ) Designated instruction and services may be provided to individuals 
or to small groups in a specialized area of educational need, and through- 
out the full continuum of educational settings. 

(2) Designated instruction and services, when needed as determined 
by the individualized education program, shall including the frequency 
and duration of services. 

(3) All entities and individuals providing designated instruction and 
services shall be qualified. 

(4) All entities and individuals providing designated instruction and 
services shall be: 

(A) Employees of the school district or county office, or 

(B) Employed under contract pursuant to Education Code sections 
56365-56366.7. Such persons shall be certified by the Department pur- 
suant to Sections 3060-3064 of this Title, or 

(C) Employees, vendors or contractors of the State Departments of 
Health Services or Mental Health, or any designated local public health 
or mental agency. 

NOTE: Authority cited: Sections 33031, 56100(a) and (i) and 56366. ](/)(5), Edu- 
cation Code. Reference: Sections 56363 and 56365-56366.7, Education Code; 
and Section 300.12, Code of Federal Regulations, Title 34. 



History 

1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15). 

2. Amendment of subsections (a)(2) and (a)(3)(B) and NOTE^ filed 7-18-97 as an 
emergency; operative 7-18-97 (Register 97, No. 29). A Certificate of Com- 
pliance must be transmitted to OAL by 1 1-17-97 or emergency amendments 
will be repealed by operation of law on the following day. 

3. Amendment of subsections (a)(2) and (a)(3)(B) and amendment of NOTi-;refiled 
1 1-14-97 as an emergency; operative 1 1-14-97 (Register 97, No. 46). A Cer- 
tificate of Compliance must be transmitted to OAL by 3-16-98 or emergency 
language will be repealed by operation of law on the following day. 

4. Reinstatement of section and Note- as they existed prior to 7-1 8-97 emergency 
amendment by operation of Government Code section 1 1346.1(f) (Re2ister98, 
No. 16). 

5. Amendment of subsections (a)(2) and (a)(3)(B) and amendment of Note filed 
4-16-98 as an emergency; operaUve 4-16-98 (Register 98, No. 16). A Certifi- 
cate of Compliance inusl be transmitted to OAL by 8-14-98 or emergency lan- 
guage will be repealed by operation of law on the following day. 

6. Reinstatement of section and Note as they existed prior to 4- 1 6-98 emergency 
amendment by operafion of Government Code secfion 1 1346.1(f) (Register 98, 
No. 34). 

7. Amendment of subsections (a)(2) and (aK3)(B) and amendment of Note; filed 
8-19-98 as an emergency; operafive 8-19-98 (Register 98, No. 34). A Certifi- 
cate of Compliance must be transmitted to OAL by 12-17-98 or emergency lan- 
guage will be repealed by operation of law on the following day. 

8. Reinstatement of section and Note as they existed prior to 8-19-98 emergency 
amendment by operafion of Government Code secfion 1 1346.1(0 (Register 98, 
No. 52), 

9. Amendment of subsections (a)(2) and (a)(3)(B)-(C) and amendment of Note 
filed 12-21-98 as an emergency; operafive 12-21-98 (Register 98, No. 52). A 
Certificate of Compliance must be transmitted to OAL by 4-20-99 or emergen- 
cy language will be repealed by operation of law on the following day. 

10. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 
(Register 99. No. 1 3). A Certificate of Compliance must be transmitted to OAL 
by 7-23-99 or emergency language will be repealed by operation of law on the 
following day. 

1 1. Certificate of Compliance as to 3-25-99 order transmitted to OAL 7-23-99 
and filed 9-1-99 (Register 99, No. 36). 

§ 3051 .1 . Language, Speech and Hearing Development 
and Remediation. 

(a) An individual holding an appropriate credential with specialization 
in language, speech and hearing may provide services which include: 

( 1 ) Referral and assessment of individuals suspected of having a disor- 
der of language, speech, or hearing. Such individuals are not considered 
as part of the caseload pursuant to Section 56363.3 of the Education Code 
unless an individualized education program is developed and services 
are provided pursuant to Section 3051.1(a)(2) and (3). 

(2) Specialized instruction and services for individuals with disorders 
of language, speech, and hearing, including monitoring of pupil progress 
on a regular basis, providing informafion for the review, and when neces- 
sary participating in the review and revision of individualized education- 
al programs of pupils. 

(3) Consultative services to pupils, parents, teachers, or other school 
personnel. 

(4) Coordination of speech and language services with an individual's 
regular and special education program. 

(b) Caseloads of full-time equivalent language, speech and hearing 
specialists providing instruction and services within the district, special 
education local plan area, or county office shall not exceed a district- 
wide, special education local plan area-wide, or county-wide average of 
fifty-five (55) individuals unless prior written approval has been granted 
by the State Superintendent of Public Instruction. 

(c) Services may be provided by an aside working under the direct su- 
pervision of a credentialed language, speech, and hearing specialist if 
specified in the individualized educafion program. No more than two 
aides may be supervised b one credentialed language, speech, and hear- 
ing specialist. The case loads of persons in subsection (b) shall not be in- 
creased by the use of noncertificated personnel. 

NOTE; Authority cited: Section 56100(a) and (i). Education Code. Reference: Sec- 
tions 56363(b)(1) and Education Code; and 34 CFR 300.13(b)(12). 

History 
1. Repealer and new section filed 3-21-88; operative 4-20-88 (Register 88, No. 
15). 



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§3051.7 



§3051.2. AudJological Services. 

(a) In addition to provisions of Title 34. Code of Federal Regulations, 
Section 300. 13(b)(i), designated audiological instruction and services 
may include: 

(1) Aural rehabilitation (auditory training, speech reading, language 
habilitation, and speech conservation) and habilitation with individual 
pupils or groups and support for the hearing-impaired pupils in the regu- 
lar classroom. 

(2) Monitoring hearing levels, auditory behavior, and amplification 
for all pupils requiring personal or group amplification in the instruction- 
al setting. 

(3) Planning, organizing, and implementing an audiology program for 
individuals with auditory dysfunctions, as specified in the individuahzed 
education program. 

(4) Consultative services regarding test findings, amplification needs 
and equipment, otological referrals, home training programs, acoustic 
treatment of rooms, and coordination of educational services to hearing- 
impaired individuals. 

(b) TTie person providing audiological services shall hold a valid cre- 
dential with a specialization in clinical or rehabilitative services in au- 
diology. 

NOTE: Authority cited: Section 56100(a) and (i), Education Code; 20 U.S.C. 
1414(c)(2)(B): and .^4 C.F.R. 300.600. Reference: Section 56363(b)(2), Educa- 
tion Code: and 34 C.E.R. 300.13(b)(l ). 

§3051.3. Mobility Instruction. 

(a) Mobility instruction may include: 

( 1 ) Specialized instruction for individuals in orientation and mobility 
techniques. 

(2) Consultative services to other educators and parents regarding in- 
structional planning and implementation of the individualized education 
program relative to the development of orientation and mobility skills 
and independent living skills. 

(b) The person providing mobility instruction and services shall hold 
a credential as an orientation and mobility specialist. 

NOTE: Authority cited: Section 56100 (a) and (i). Education Code: 20 U.S.C. 
1414(c)(2)(B): and 34 C.F.R. 300.600. Reference: Section 56363, Education 
Code. 

§ 3051 .4. Instruction in the Home or Hospital. 

(a) Special education and related services provided in the home or hos- 
pital for school age pupils is limited to those pupils who have been identi- 
fied as individuals with exceptional needs in accordance with Section 
3030 and for whom the individualized education program team recom- 
mends such instructions or services. 

(b) Instructions may be delivered individually, in small groups or by 
teleclass. 

(c) For those individuals with exceptional needs with a medical condi- 
tion such as those related to surgery, accidents, short-term illness or med- 
ical treatment for a chronic illness, the individualized education program 
team shall review, and revise, if appropriate, the individualized educa- 
tion program whenever there is a significant change in the pupil's current 
medical condition. 

(d) When recommending placement for home instruction, the individ- 
ualized education program team shall have in the assessment information 
a medical report from the attending physician and surgeon or the report 
of the psychologist, as appropriate, stating the diagnosed condition and 
certifying that the severity of the condition prevents the pupil from at- 
tending a less restrictive placement. The report shall include a projected 
calendar date for the pupil's return to school. The individualized educa- 
tion program team shall meet to reconsider the individuahzed education 
program prior to the projected calendar date for the pupil's return to 
school. 

(e) Instruction in the home or hospital shall be provided by a regular 
class teacher, the special class teacher or the resource specialist teacher, 
if the teacher or specialist is competent to provide such instruction and 
services and if the provision of such instruction and services by the teach- 



er or specialist is feasible. If not, the appropriate designated instruction 
and services specialist shall provide such instruction. 

(0 The teacher providing the home instruction shall contact the pupil's 
previous school and teacher to determine: 

( 1 ) The course work to be covered; 

(2) The books and materials to be used: 

(3) Who is responsible for issuing grades and promoting the pupil 
when appropriate; 

(4) For pupils in grades 7 to 12, the teacher shall confer with the school 
guidance counselor to determine: 

(A) For the hours the pupil has earned toward semester course credit 
in each subject included in the individualized education prograin and the 
grade as of the last day of attendance; 

(B) Who is responsible for issuing credits when the course work is 
completed: 

(C) Who will issue the diploma if the pupil is to graduate. 

NOTE: Section 56100(a) and (i). Education Code. Reference: Sections 56001 and 
56363(b)(4), Education Code. 

History 
] . New section filed and 3-21-88; operalive 4-20-88 (Register 88, No. 15). 

§ 3051 .5. Adapted Physical Education for Individuals with 
Exceptional Needs. 

(a) Adapted physical education is for individuals with exceptional 
needs who require developmental or corrective instruction and who are 
precluded from participation in the activities of the general physical edu- 
cation prograin, modified general physical education program, or in a 
specially designed physical educ:ation program in a special class. Consul- 
tative services may be provided to pupils, parents, teachers, or other 
school personnel for the purpose of identifying supplementary aids and 
services or modifications necessary for successful participation in the 
regular "D" Physical education program or specially designed physical 
education programs. 

(b) The person providing instruction and services shall have a creden- 
tial authorizing the teaching of adapted physical education as established 
by the Commission on Teacher Credentialing. 

NOTE: Authority cited: Section 561()0(a) and (i). Education Code. Reference: 34 
CFR 300.307. 

History 

1. Amendment filed 3-21-88; operafive 4-20-88 (Register 88, No. 15). 

§ 3051 .6. Physical and Occupational Therapy. 

(a) When the district, special education local plan area, or county of- 
fice contracts for the services of a physical therapist or an occupational 
therapist, the following standards shall apply: 

(1) Occupational or physical therapists shall provide services based 
upon recommendation of the individual education program team. Physi- 
cal therapy and occupational therapy services for infants are limited by 
Education Code 5642.6. Physical therapy services may not exceed the 
services specified in the Business and Professions Code at Section 2620. 

(2) The district, special education local plan area, or county office shall 
assure that the therapist has available safe and appropriate equipment. 

(b) Qualifications of therapists: 

(1) The therapists shall have graduated from an accredited school. 

(2) A physical therapist shall be currently licensed by the Board of 
Medical Quahty Assurance of the State of California and meet the educa- 
tional standards of the Physical Therapy Examining Committee. 

(3) An occupational therapist shall be currently registered with the 
American Occupational Therapy Association. 

NOTE: Authority cited: Section 56100(a) and (i). Education Code. Reference: Sec- 
tion 56363(b)(6^, Education Code; and 34 CFR 300. 1 3(b)(5) and (7) and 300.600. 

History 
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15). 

§ 3051.7. Vision Services. 

(a) Vision services shall be provided by a Credentialed teacher of the 
visually handicapped and may include: 

( 1 ) Adaptations in curriculum, media, and the environment, as well as 
instruction in special skills. 



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Title 5 



(2) Consultative services to pupils, parents, teachers, and other school 
personnel. 

(b) An assessment of and provision for services to visually impaired 
pupils may be conducted by an eye specialist who has training and exper- 
tise in low vision disabilities and has available the appropriate low vision 
aids for the purpose of assessment. The eye specialist may provide con- 
sultation to the pupil, parents, teacher and other school personnel as may 
be requested by the individualized education program team. 

(c) Procedures which may be utilized by qualified personnel are those 
procedures authorized by federal and state laws and regulations and per- 
formed in accordance with these laws and regulations and standards of 
the profession. 

(d) For the purposes of this section, and eye specialist shall mean a li- 
censed optometrist, ophthalmologist, or other licensed physician and 
surgeon who has training and expertise in low vision disabilities. 
NOTE; Authority cited: Section 56 1 00(a) and (i). Education Code. Reference: Sec- 
lions 44265.5 and 56363(b)(7). Education Code. 

History 

1. Amendment of subsection (a) and new subsections (b)-(d) filed 3-21-88; op- 
erative 4-20-88 (Register 88, No. 15). 

§ 3051 .75. Vision Therapy. 

(a) Vision therapy may include: Remedial and/or developmental in- 
struction provided directly by or in consultation with the optometrist, 
ophthalmologist, or other qualified licensed physician and surgeon pro- 
vided ongoing care to the individual. 

(b) Vision therapy shall be provided by an optometrist, ophthalmolo- 
gist, or by appropriate qualified school personnel when prescribed by a 
licensed optometrist, ophthalmologist, or other qualified licensed physi- 
cian and surgeon. 

(c) Procedures which may be utilized by qualified personnel are those 
procedures authorized by federal and state laws and regulations and per- 
formed in accordance with these laws and regulations and standards of 
the profession. 

NOTE: Authority cited: Section 56100(a) and (i). Education Code; 20 U.S.C. 
1414(c)(2)(B); and 34 C.F.R. 300.600. Reference: Section 56363(b)(7), Educa- 
tion Code. 

§ 3051.8. Specialized Driver Training Instruction. 

(a) Specialized driver training instruction may include instruction to 
an individual with exceptional needs to supplement the regular driver 
training program. The individualized education program team shall de- 
termine the need for supplementary specialized driver training instruc- 
tion. The need to supplement the regular program shall be based on an 
assessment of the pupil's health, physical, and/or educational needs 
which require modifications which cannot be met through a regular driv- 
er training program. 

(b) Driver training for individuals herein described must be provided 
by qualified teachers, as defined by Education Code Sections 41906 and 
41907. 

NOTE: Authority cited: Section 56100(a) and (i). Education Code; 20 U.S.C. 
1414(c)(2)(B); and 34 C.F.R. 300.600. Reference: Sections 41305-41306, 
41906-41907 and 56363(b)(8), Education Code. 

§ 3051.9. Counseling and Guidance Services. 

(a) Counseling and guidance services may be provided to an individu- 
al with exceptional needs who requires additional counseling and guid- 
ance services to supplement the regular guidance and counseling pro- 
gram. The individualized education program team shall determine the 
need for additional guidance and counseling services. 

(b) Counseling and guidance services necessary to implement the indi- 
vidualized education program may include: 

(1) Educational counseling in which the pupil is assisted in planning 
and implementing his or her immediate and long-range educational pro- 
gram. 

(2) Career counseling in which the pupil is assisted in assessing his or 
her aptitudes, abilities, and interests in order to make realistic career deci- 
sions. 



(3) Personal counseling in which the pupil is helped to develop his or 
her ability to function with social and personal responsibility. 

(4) Counseling and consultation with parents and staff members on 
learning problems and guidance programs for pupils. 

(c) The individual performing counseling services to pupils shall be 
qualified. 

NOTE: Authority cited: Section 56100(a) and (i). Education Code; 20 U.S.C. 
1414(c)(2)(B); and 34 C.F.R. 300.600. Reference: Sections 35300 and 
56363(b)( 1 1 ), Education Code; and 34 C.F.R. 300. 1 3(b)(2), (b)(6), and (b)(8). 



§ 3051 .1 0. Psychological Services Other Than Assessment 
and Development of the Individualized 
Education Program. 

Psychological services may include: 

(a) Counseling provided to an individual with exceptional needs by a 
credentialed or licensed psychologist or other qualified personnel. 

(b) Consultative services to parents, pupils, teachers, and other school 
personnel. 

(c) Planning and implementing a program of psychological counseling 
for individuals with excepfional needs and parents. 

NOTE: Authority cited: Section 56100(a) and (i). Education Code; 20 U.S.C. 
1414(c)(2)(B); and 34 C.F.R. 300.600. Reference: Section 56363(b)(10), Educa- 
tion Code; and 34 C.F.R. 300.13 (b)(8). 

§ 3051 .1 1 . Parent Counseling and Training. 

Parent counseling and training may include: 

(a) Assisfing parents in understanding the special needs of their child, 
and 

(b) Providing parents with information about child development. 
NOTE: Authority cited: Education Code Section 56100(a) and (i); 20 U.S.C. 
1414(c)(2)(B); and 34 C.F.R. 300.600. Reference: Section 56363(b)(l 1), Educa- 
tion Code; and 34 C.F.R. 300.13(b)(6). 

§ 3051 .1 2. Health and Nursing Services. 

(a) Health and nursing services may include: 

( 1 ) Providing services by qualified personnel. 

(2) Managing the individual's health problems on the school site. 

(3) Consulting with pupils, parents, teachers, and other personnel. 

(4) Group and individual counseling with parents and pupils regarding 
health problems. 

(5) Maintaining communication with health agencies providing care 
to individuals. 

(b) Specialized physical health care may be provided as described in 
Education Code Section 49423.5. 

(1) Definifions. 

(A) Specialized physical health care services means those health ser- 
vices prescribed by the child's licensed physician and surgeon requiring 
medically related training for the individual who performs the services 
and which are necessary during the school day to enable the child to at- 
tend school. 

(B) Standardized procedures means protocols and procedures devel- 
oped through collaboration among school or hospital administrators and 
health professionals, including licensed physicians and surgeons and 
nurses, to be utilized in the provision of the specialized physical health 
care services. 

(C) Qualified means ability to demonstrate competence in Cardio- 
pulmonary Resuscitafion, current knowledge of community emergency 
medical resources, and skill in the use of equipment and performance of 
techniques necessary to provide specialized physical health care services 
for individuals with exceptional needs. In addiuon: 

1 . "Qualified" for the professional school or public health nurse or li- 
censed physician and surgeon shall mean trained in the procedures to a 
level of competence and safety which meets the objectives of the train- 
ing. 

2. "Qualified" for the designated school personnel shall mean trained 
in the procedures to a level of competence and safety which meets the ob- 
jecfives of the training as provided by the school nurse, public health 
nurse, licensed physician and surgeon, or other programs which provide 
the training. 



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California Department of Education 



§3051.14 



(D) Supervision means review, observation, and/or instaiction ot^ a 
designated school person's performance and of physical health care ser- 
vices, but does not necessarily require the immediate presence of the su- 
pervisor at all times. 

1 . Immediate supervision means that the supervisor shall be physically 
present while a procedure is being administered. 

2. Direct supervision means that the supervisor shall be present in the 
same building as the person being supervised and available for consulta- 
tion and/or assistance. 

3. Indirect supervision means that the supervisor shall be available to 
the qualified designated school person either in person or through elec- 
tronic means to provide necessary instruction, consultation, and referral 
to appropriate care and services as needed. Supervision of designated 
school persons shall include review on-site by a qualified school nurse, 
qualified public health nurse, or qualified licensed physician and sur- 
geon. Supervision shall also include review of the competence of that in- 
dividual in performing the specialized health care service, maintenance 
of appropriate records, physical environment, and equipment. 

(E) Training means preparation in the appropriate delivery and skillful 
performance of specialized physical health care services. In addition: 

1. Medically related training of credentialed school nurses or public 
health nurses shall be that training in an approved program which may 
be necessary to update or make current the nurse's professional skills and 
knowledge related to meeting pupils' needs for specialized physical 
health care services. 

2. Medically related training of employed designated school personnel 
is that training in an approved program in standardized procedures pro- 
vided by a qualified school nurse, qualified public health nurse, qualified 
licensed physician and surgeon, or other approved programs to enable 
the person to provide the specialized physical health care services neces- 
sary to enable the child to attend school. 

(F) Competence in Cardio-Pulmonary Resuscitation means posses- 
sion of a current valid certificate from an approved program. 

(2) Standards and Staffing. 

(A) AllocaUon of qualified designated school personnel shall be deter- 
mined by the amount and type of supervision necessary to this regulation, 
and also the type and frequency of services needed by students in special 
classes and centers, and regular instructional settings. 

(B) Approved training for qualified personnel shall be provided in one 
or more of the following ways: 

1. By a qualified school nurse, qualified public health nurse, or quali- 
fied licensed physician and surgeon, as defined in these reguladons. 

2. By career and continuing education programs, approved by the ap- 
propriate licensing board. 

3. By training programs through public or private medical instituUons, 
i.e., hospitals, public health agencies, Visiung Nurses AssociaUons, and 
Red Cross. 

(3) Organization and Administrafion. 

(A) Specific conUnuing specialized physical health care services re- 
quired in order for the individual to benefit from special educafion will 
be included in the individualized education program. If the parent elects 
to perform the service during the school day, a waiver shall be signed re- 
lieving the school of the responsibility. 

(B) Appropriate accommodations for safety and necessary physical 
care services for the individual with exceptional needs in the school set- 
Ung shall be provided by the school. Personal privacy and dignity of an 
individual with excepfional needs shall be assured. 

(C) The school district shall not be required to purchase medical equip- 
ment for an individual pupil. However, the school district, special educa- 
tion local plan area, or county office is responsible for providing other 
specialized equipment for use at school that is needed to implement the 
individualized education program. 

(D) In accordance with Education Code Section 49423.5(a)(2), a qual- 
ified school nurse, qualified public health nurse, or qualified licensed 
physician and surgeon responsible for supervising the physical health 
care of an individual with excepfional needs in the school setting shall: 

I. Coordinate the health care services to the individuals with excep- 
tional needs on the school site. 



2. Consult with appropriate personnel regarding management o\' 
health care services for individuals with exceptional needs. 

3. Make appropriate referrals and maintain communication with 
health agencies providing care to individuals with exceptional needs. 

4. Maintain or review licensed physician and surgeon and parent re- 
quests and daily documentation records. 

(E) Written licensed physician and surgeon and parent requests, as 
well as the specific standardized procedures to be used if physical health 
care services are provided, shall be maintained for each individual with 
exceptional needs. Daily documentation of specific services which are 
provided shall be maintained on a district-approved form which shall in- 
clude the signatures of the qualified designated school person(s) who 
performs the procedure. 

1 . Any pupil who is required to have specialized physical health care 
services during the school day, prescribed for him or her by a licensed 
physician and surgeon, may be assisted by a qualified school nurse, qual- 
ified public health nurse, or other qualified school personnel, if the school 
district receives: 

a. A written statement from the licensed physician and surgeon stating 
the procedure and time schedules by which such procedures are to be giv- 
en; and 

b. A written statement from the parent or guardian of the pupil, indicat- 
ing the desire that the school district assist the pupil in the matters set 
forth in the Hcensed physician and surgeon's statement, and granting 
consent for the delivery of such services. 

2. This written statement of a licensed physician and surgeon and par- 
ent requests and daily documentation shall be maintained in accordance 
with the requirements of confidenfiality of pupil records, and are consid- 
ered mandatory interim pupil records. 

NOTE: Authority cited; Section 361 00(a) and (i). Education Code. Reference: Sec- 
tions 49423.5 and 56363(b)(12), Education Code; and 34 CFR 300.13(b)( 10). 

History 
1. Amendment of subsection (b)(3)(C) filed 3-21-88; operative 4-20-88 (Regis- 
ter 88. No. 15). 

§ 3051 .13. Social Worker Services. 

(a) Personnel providing social worker services shall be qualified. 

(b) Social work services may include: 

( 1 ) Individual and group counseling with the individual and his or her 
immediate family. 

(2) Consultafion with pupils, parents, teachers, and other personnel re- 
garding the effects of family and other social factors on the learning and 
developmental requirements of individual pupils with excepfional needs. 

(3) Developing a network of community resources, making appropri- 
ate refenal and maintaining liaison relationships among the school, the 
pupil with exceptional needs, the family, and the various agencies pro- 
viding social, income maintenance, employment development, mental 
health, or other developmental services. 

NOTE: Authority cited; Section 56i00(a) and (i). Education Code; 20 U.S.C. 
1414(c)(2)(B); and 34 C.F.R. 300.600. References; Section 56363(b)( 1 3), Educa- 
tion Code; and 34 C.F.R. 300. 13(b)( 1 1). 

§ 3051.14. Specially Designed Vocational Education and 
Career Development. 

Specially designed vocational education and career development for 
individuals with excepfional needs regardless of severity of disability 
may include: 

(a) Providing prevocafional programs and assessing work-related 
skills, interests, apfitudes, and atfitudes. 

(b) Coordinafing and modifying the regular vocafional education pro- 
gram. 

(c) Assisfing individuals in developing attitudes, self-confidence, and 
vocafional competencies to locate, secure, and retain employment in the 
community or sheltered environment, and to enable such individuals to 
become participaung members of the community. 

(d) Establishing work training programs within the school and com- 
munity. 

(e) Assisfing in job placement. 



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§ 3051.15 



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Title 5 



(f) Instructing Job trainers and employers as to the unique needs of the 
individuals. 

(g) Maintaining regularly scheduled contact with all work stations and 
job-site trainers. 

(h) Coordinating services with the Department of Rehabilitation and 
other agencies as designated in the individualized education program. 
NOTE: Authority cited: Section 561(X)(a) and (i). Education Code. Reference: Sec- 
tion 56363(b)(14), Education Code; 34 CFR 300.14(b)(3). 

§ 3051 .15. Recreation Services. 

Recreation services include but are not limited to: 

(a) Therapeutic recreation services which are those specialized in- 
structional programs designed to assist pupils in becoming as indepen- 
dent as possible in leisure activities, and when possible and appropriate, 
facilitate the pupil's integration into regular recreation programs. 

(b) Recreation programs in schools and the community which are 
those programs that emphasize the use of leisure activity in the teaching 
of academic, social, and daily hving skills; and, the provision of nonaca- 
demic and extracurricular leisure activities and the utilization of commu- 
nity recreation programs and facilities. 

(c) Leisure education programs which are those specific programs de- 
signed to prepare the pupil for optimum independent participation in ap- 
propriate leisure activities, including teaching social skills necessary to 
engage in leisure activities, and developing awareness of personal and 
community leisure resources. 

NOTE: Authority cited: Section 56 100(a) and (1), Education Code. Reference: Sec- 
tion 56363(b)(]5), Education Code; and CFR 300.13(b)(9). 

History 

1. New section filed 3-21-88; operative 4-20-88 (Register 88, No. 15). 

2. Editorial correction of Note (Register 98, No. 33). 

§ 3051 .1 6. Specialized Services for Low-Incidence 
Disabilities. 

(a) Specialized Services for low-incidence disabilities may include: 

( 1 ) Specially designed instruction related to the unique needs of pupils 
with low-incidence disabilities provided by teachers credentialed pur- 
suant to Education Code section 44265. 

(2) Specialized services related to the unique needs of pupils with low- 
incidence disabihties provided by qualified individuals such as interpret- 
ers, notetakers, readers, transcribers, and other individuals who provide 
specialized materials and equipment. 

(b) Certification requirements for educational interpreters for deaf and 
hard of hearing pupils. 

(1 ) By July 1 , 2(X)8, an educational interpreter shall be certified by the 
national Registry of Interpreters for the Deaf (RID), or equivalent; in lieu 
of RID certification or equivalent, an educational interpreter shall have 
achieved a score of 3.0 or above on the Educational Interpreter Perfor- 
mance Assessment (EIPA), the Educational Sign Skills Evaluation-In- 
terpreter and Receptive (ESSE-I/R), or the National Association of the 
Deaf/American Consortium of Certified Interpreters (NAD/ACCI) as- 
sessment. If providing Cued Language transliteration, a transl iterator 
shall possess Testing/Evaluation and Certification Unit (TECUnit) certi- 
fication, or have achieved a score of 3.0 or above on the EIPA — Cued 
Speech. 

(2) By July 1 , 2008, an educational interpreter shall be certified by the 
national RID, or equivalent; in lieu of RID certification or equivalent, an 
educational interpreter must have achieved a score of 3.5 or above on the 
EIPA, the ESSE-I/R, or the NAD/ACCI assessment. If providing Cued 
Language transliteration, a transl iterator shall possess TECUnit certifi- 
cation, or have achieved a score of 3.5 or above on the EIPA — Cued 
Speech. 

(3) By July 1, 2009, and thereafter, an educational interpreter shall be 
certified by the national RID, or equivalent; in lieu of RID certification 
or equivalent, an educational interpreter must have achieved a score of 
4.0 or above on the EIPA, the ESSE-I/R, or the NAD/ACCI assessment. 
If providing Cued Language transliteration, a transliterator shall possess 



TECUnit certification, or have achieved a score of 4.0 or above on the 
EIPA — Cued Speech. 

(c) An '"educational interpreter" provides communication facilitation 
between students who are deaf or hard of hearing, and others, in the gen- 
eral education classroom and for other school related activities, including 
extracurricular activities, as designated in a student's Individualized 
Educational Program (lEP). 

NOTE: Authority cited: Section 561 00(a) and (i). Education Code. Reference: Sec- 
tion 56363. Education Code; and Sections 300..34 and 300.156(b)(1), Title 34, 
Code of Federal Regulations. 

History 

1. New section filed .3-21-88; operative 4-20-88 (Register 88, No. 15). 

2. Editorial correction of first sentence (Register 98, No. 33). 

3. Amendment of section and Note filed 7-29-2002; operative 8-28-2002 (Reg- 
ister 2002, No. 31). 

4. Repealer and new subsection (b)( 1 ), new subsections (b)(2)-(c) and amendment 
of Note filed 2-22-2008; operative 3-23-2008 (Register 2008, No. 8). 

§ 3051 .1 7. Services for Pupils with Chronic Illnesses or 
Acute Health Problems. 

(a) Specialized services may be provided to pupils determined eligible 
pursuant to Section 3030(f). Such services include but are not limited to: 

(1) Individual consultation; 

(2) Home or hospital instruction; and 

(3) Other instructional methods using advanced communication tech- 
nology. 

(b) For pupils whose medical condition is in remission or in a passive 
state, the individualized education program team shall specify the fre- 
quency for monitoring the pupil's educational progress to assure that the 
illness does not interfere with the pupil's educational progress. 

(c) When a pupil identified pursuant to Section 3030(f) experiences an 
acute health problem which results in his or her non — attendance at 
school for more than five consecutive days, upon notification of the clas- 
sroom teacher or the parent, the school principal or designee shall assure 
that an individualized education program team is convened to determine 
the appropriate educational services. 

(d) If there is a pattern of sporadic illness, the individualized education 
program team shall convene to consider alternative means for the pupil 
to demonstrate competencies in the required course of study so that the 
cumulative number of absences do not prevent educational progress. 

NOTE: Authority cited: Section 56100(a) and (i). Education Code. Reference: Sec- 
tion 56363(a), Education Code; and 34 CFR 300.14(a)(1). 

History 

1. New section filed 3-21-88; operative 4-20-88 (Register 88, No. 13). 

§ 3051 .1 8. Designated Instruction and Services for the 
Deaf and Hard of Hearing. 

(a) Instruction and services for deaf and hard of hearing pupils shall 
be provided by an individual holding an appropriate Credential, who has 
competencies to provide services to the hearing impaired and who has 
training, experience and proficient communication skills for educating 
pupils with hearing impairments. Such services may include but need not 
to be limited to: 

(1) Speech, speech reading and auditory training. 

(2) Instruction in oral, sign, and written language development. 

(3) Rehabilitative and educational services for hearing impaired indi- 
viduals to include monitoring amplification, coordinating information 
for the annual review, and recommending additional services. 

(4) Adapting curricula, methods, media, and the environment to facili- 
tate the learning process. 

(5) Consultation to pupils, parents, teachers, and other school person- 
nel as necessary to maximize the pupil's experience in the regular educa- 
tion program. 

(b) A specially trained instructional aide, working with and under the 
direct supervision of the credentialed teacher of the deaf and hard-of- 
hearing, may assist in the implementation of the pupil's educational pro- 
gram. 

NOTE: Authority cited: Section 561 00(a) and (i). Education Code. Reference: Sec- 
tion 56363 (b)(16), Educafion Code; and 34 CFR 300, 13(a). 



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History 

1. New .section (lied 3-21-88; operative 4-20-88 (Register 88, No. l.S). 

§ 3052. Designated Positive Behavioral Interventions. 

(a) General Provision.s. 

( 1 ) An lEP team shall facilitate and supervise all assessment, interven- 
tion, and evaluation activities related to a individual's behavioral inter- 
vention plan. When the behavioral intervention plan is being developed, 
the lEP team shall be expanded to include the behavioral intervention 
case manager with documented training in behavior analysis including 
positive behavioral intervention(s). qualified personnel knowledgeable 
of the student's health needs, and others as described in Education Code 
Section 5634 1 (c)(2). The behavioral intervention case manager is not in- 
tended to be a new staff person and may be an existing staff member 
trained in behavior analysis with an emphasis on positive behavioral in- 
terventions. 

(2) Behavioral intervention plans shall only be implemented by, or be 
under the supervision of, staff with documented training in behavior 
analysis, including the use of positive behavioral interventions. Such in- 
terventions shall only be used to replace specified maladaptive behav- 
ior(s) with alternative acceptable behavior(s) and shall never be used 
solely to eliminate maladaptive behavior(s). 

(3) Behavioral intervention plans shall be based upon a functional 
analysis assessment, shall be specified in the individualized education 
program, and shall be used only in a systematic manner in accordance 
with the provisions of this section. 

(4) Behavioral emergency interventions shall not be used as a substi- 
tute for behavioral intervention plans. 

(5) The elimination of any maladaptive behavior does not require the 
use of intrusive behavioral interventions that cause pain or trauma. 

(6) To the extent possible, behavioral intervention plans shall be de- 
veloped and implemented in a consistent manner appropriate to each of 
the individual's life settings. 

(b) Functional Analysis Assessments. A functional analysis asses- 
sment must be conducted by, or be under the supervision of a person who 
has documented training in behavior analysis with an emphasis on posi- 
tive behavioral interventions. A functional analysis assessment shall oc- 
cur after the individualized education program team finds that instruc- 
tional/behavioral approaches specified in the student's IE? have been 
ineffective. Nothing in this section shall preclude a parent or legal guard- 
ian from requesting a functional analysis assessment pursuant to the pro- 
visions of Education Code sections 56320 et seq. 

Functional analysis assessment personnel shall gather information 
from three sources: direct observation, interviews with significant others, 
and review of available data such as assessment reports prepared by other 
professionals and other individual records. Prior to conducting the asses- 
sment, parent notice and consent shall be given and obtained pursuant to 
Education Code Section 56321. 

( 1 ) A functional analysis assessment procedure shall include all of the 
following: 

(A) Systematic observation of the occurrence of the targeted behavior 
for an accurate definition and description of the frequency, duration, and 
intensity; 

(B) Systematic observation of the immediate antecedent events asso- 
ciated with each instance of the display of the targeted inappropriate be- 
havior: 

(C) Systematic observation and analysis of the consequences follow- 
ing the display of the behavior to determine the function the behavior 
serves for the individual, i.e., to identify the specific environmental or 
physiological outcomes produced by the behavior. The communicative 
intent of the behavior is identified in terms of what the individual is either 
requesting or protesting through the display of the behavior; 

(D) Ecological analysis of the settings in which the behavior occurs 
most frequently. Factors to consider should include the physical setting, 
the social setting, the activities and the nature of instruction, scheduling, 
the quality of communication between the individual and staff and other 
students, the degree of independence, the degree of participation, the 



amount and quality of social interaction, the degree of choice, and the va- 
riety of activities; 

(E) Review of records for health and medical factors which may inl1u- 
ence behaviors (e.g. medication levels, sleep cycles, health, diet); and 

(F) Review of the history of the behavior to include the effectiveness 
of previously used behavioral interventions. 

(2) Functional Analysis Assessment Reports. Following the asses- 
sment, a written report of the assessment results shall be prepared and a 
copy shall be provided to the parent. The report shall include all of the 
following: 

(A) A description of the nature and severity of the targeted behavior(s) 
in objective and measurable terms: 

(B) A description of the targeted behavior(s) that includes baseline 
data and an analysis of the antecedents and consequences that maintain 
the targeted behavior, and a functional analysis of the behavior across all 
appropriate settings in which it occurs; 

(C) A description of the rate of alternative behaviors, their antecedents 
and consequences; and 

(D) Recommendations for consideration by the lEP team which may 
include a proposed plan as specified in Section 3001(0. 

(c) lEP Team Meeting. Upon completion of the functional analysis 
assessment, an lEP team meeting shall be held to review results and. if 
necessary, to develop a behavioral intervention plan, as defined in Article 
1, SecUon 3001(f) of these regulations. The lEP team shall include the 
behavioral intervention case manager. The behavioral intervention plan 
shall become a part of the lEP and shall be written with sufficient detail 
so as to direct the implementafion of the plan. 

(d) Intervenfion. Based upon the results of the functional analysis 
assessment, posifive programming for behavioral intervention tnay in- 
clude the following: 

(1 ) Altering the idenfified antecedent event to prevent the occurrence 
of the behavior (e.g., providing choice, changing the setting, offering va- 
riety and a meaningful curriculum, removing environmental pollutants 
such as excessive noise or crowding, establishing a predictable routine 
for the individual); 

(2) Teaching the individual alternative behaviors that produce the 
same consequences as the inappropriate behavior (e.g., teaching the indi- 
vidual to make requests or protests using socially acceptable behaviors, 
teaching the individual to participate with alternative communication 
modes as a substitute for socially unacceptable attention-getting behav- 
iors, providing the individual with acfivities that are physically stimulat- 
ing as alternatives for stereotypic, self-stimulatory behaviors): 

(3) Teaching the individual adapUve behaviors (e.g.. choice-making, 
self-management, relaxafion techniques, and general skill development) 
which ameliorate negative conditions that promote the display of inap- 
propriate behaviors; and 

(4) Manipulating the consequences for the display of targeted inappro- 
priate behaviors and alternafive, acceptable behaviors so that it is the al- 
ternative behaviors that more effectively produce desired outcomes (i.e., 
positively reinforcing alternative and other acceptable behaviors and ig- 
noring or redirecfing unacceptable behaviors). 

(e) Acceptable Responses. When the targeted behavior(s) occurs, pos- 
itive response opfions shall include, but are not limited to one or more oi' 
the following: 

(1) the behavior is ignored, but not the individual; 

(2) the individual is verbally or verbally and physically redirected to 
an acfivity; 

(3) the individual is provided with feedback (e.g., "You are talking too 
loudly"); 

(4) the message of the behavior is acknowledged (e.g., "You are hav- 
ing a hard rime with your work"); or 

(5) a brief, physical prompt is provided to interrupt or prevent aggres- 
sion, self-abuse, or property destruction. 

(f) Evaluadonof the Behavioral Intervenfion Plan Effectiveness. Eval- 
uation of the effecfiveness of the behavioral intervention plan shall be de- 
termined through the following procedures: 



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(1 ) Baseline measure of the frequency, duration, and intensity of the 
targeted behavior, taken during the functional analysis assessment. Base- 
line data shall be taken across activities, settings, people, and times of the 
day. The baseline data shall be used as a standard against which to evalu- 
ate intervention effectiveness; 

(2) Measures of the frequency, duration, and intensity of the targeted 
behavior shall be taken after the behavioral intervention plan is implem- 
ented at scheduled intervals determined by the lEP team. These measures 
shall also be taken across activities, settings, people, and times of the day, 
and may record the data in terms of time spent acting appropriately rather 
than time spent engaging in the inappropriate behavior; 

(3) Documentation of program implementation as specified in the be- 
havioral intervention plan (e.g.. written instructional programs and data, 
descriptions of environmental changes); and 

(4) Measures of program effectiveness will be reviewed by the teach- 
er, the behavioral intervention case manager, parent or care provider, and 
others as appropriate at scheduled intervals determined by the lEP team. 
This review may be conducted in meetings, by telephone conference, or 
by other means, as agreed upon by the lEP team. 

(5) If the lEP team determines that changes are necessary to increase 
program effectiveness, the teacher and behavioral intervention case man- 
ager shall conduct additional functional analysis assessments and. based 
on the outcomes, shall propose changes to the behavioral intervention 
plan. 

(g) Modifications without lEP Team Meeting. Minor modifications to 
the behavioral intervention plan can be made by the behavioral interven- 
tion case manager and the parent or parent representative. If the case 
manager is unavailable, a qualified designee who meets the training re- 
quirements of subsection (a)(J) shall participate in such modifications. 
Each modification or change shall be addressed in the behavioral inter- 
vention plan provided that the parent, or parent representative, is notified 
of the need and is able to review the existing program evaluation data 
prior to implementing the modification or change. Parents shall be in- 
formed of their right to question any modification to the plan through the 
lEP procedures. 

(h) Contingency Behavioral Intervention Plans. Nothing in this sec- 
tion is intended to preclude the lEP team from initially developing the be- 
havioral intervention plan in sufficient detail to include schedules for al- 
tering specified procedures, or the frequency or duration of the 
procedures, without the necessity for reconvening the lEP team. Where 
the intervention is to be used in multiple settings, such as the classroom, 
home and job sites, those personnel responsible for implementation in the 
other sites must also be notified and consulted prior to the change. 

(i) Emergency Interventions. Emergency interventions may only be 
used to control unpredictable, spontaneous behavior which poses clear 
and present danger of serious physical harm to the individual or others 
and which cannot be immediately prevented by a response less restrictive 
than the temporary application of a technique used to contain the behav- 
ior. 

(1) Emergency interventions shall not be used as a substitute for the 
systematic behavioral intervention plan that is designed to change, re- 
place, modify, or eliminate a targeted behavior. 

(2) Whenever a behavioral emergency occurs, only behavioral emer- 
gency interventions approved by the special education local planning 
area (SELPA) may be used. 

(3) No emergency intervention shall be employed for longer than is 
necessary to contain the behavior. Any situation which requires pro- 
longed use of an emergency intervention shall require staff to seek assis- 
tance of the school site administrator or law enforcement agency, as 
applicable to the situation. 

(4) Emergency interventions may not include: 

(A) Locked seclusion, unless it is in a facility otherwise licensed or 
permitted by state law to use a locked room; 

(B) Employment of a device or material or objects which simulta- 
neously immobilize all four extremities, except that techniques such as 
prone containment may be used as an emergency intervention by staff 
trained in such procedures; and 

(C) An amount of force that exceeds that which is reasonable and nec- 
essary under the circumstances. 



(5) To prevent emergency interventions from being used in lieu of 
planned, systematic behavioral interventions, the parent and residential 
care provider, if appropriate, shall be notified within one school day 
whenever an emergency intervention is used or serious property damage 
occurs. A "Behavioral Emergency Report" shall immediately be com- 
pleted and maintained in the individual's file. The report shall include all 
of the following: 

(A) The name and age of the individual; 

(B) The setting and location of the incident; 

(C) The name of the staff or other persons involved; 

(D) A description of the incident and the emergency intervention used, 
and whether the individual is currently engaged in any systematic behav- 
ioral intervention plan; and 

(E) Details of any injuries sustained by the individual or others, includ- 
ing staff, as a result of the incident. 

(6) All "Behavioral Emergency Reports" shall immediately be for- 
warded to. and reviewed by. a designated responsible administrator. 

(7) Anytime a "Behavioral Emergency Reporf ' is written regarding 
an individual who does not have a behavioral intervention plan, the des- 
ignated responsible administrator shall, within two days, schedule an lEP 
team meeting to review the emergency report, to determine the necessity 
for a functional analysis assessment, and to determine the necessity for 
an interim behavioral intervention plan. The lEP team shall document the 
reasons for not conducting an assessment and/or not developing an inter- 
im plan. 

(8) Anytime a "Behavioral Emergency Report" is written regarding an 
individual who has a behavioral intervention plan, any incident involving 
a previously unseen serious behavior problem or where a previously de- 
signed intervention is not effective should be referred to the lEP team to 
review and determine if the incident constitutes a need to modify the plan. 

(9) "Behavioral Emergency Report" data shall be collected by SEL- 
PAs which shall report annually the number of Behavioral Emergency 
Reports to the California Department of Education and the Advisory 
Committee on Special Education. 

(j) SELPA Plan. The local plan of each SELPA shall include proce- 
dures governing the systematic use of behavioral interventions and emer- 
gency interventions. These procedures shall be part of the SELPA local 
plan. 

(1) Upon adoption, these procedures shall be available to all staff 
members and parents whenever a behavioral intervention plan is pro- 
posed. 

(2) At a mirumum, the plan shall include: 

(A) The qualifications and training of personnel to be designated as be- 
havioral intervention case managers, which shall include training in be- 
havior analysis with an emphasis on positive behavioral interventions, 
who will coordinate and assist in conducting the functional analysis 
assessments and the development of the behavioral intervention plans; 

(B) The qualifications and training required of personnel who will par- 
ticipate in the implementation of the behavioral intervention plans; 
which shall include training in positive behavioral interventions; 

(C) Special training that will be required for the use of emergency be- 
havioral interventions and the types of interventions requiring such train- 
ing; and 

(D) Approved behavioral emergency procedures. 

(k) Nonpublic School Policy. Nonpublic schools and agencies, serv- 
ing individuals pursuant to Education Code Section 56365 et seq., shall 
develop policies consistent with those specified in subsection (i) of this 
section. 

(/) Prohibitions. No public education agency, or nonpublic school or 
agency serving individuals pursuant to Education Code Section 56365 et 
seq., may authorize, order, consent to, or pay for any of the following in- 
terventions, or any other interventions similar to or like the following: 

(1) Any intervention that is designed to, or likely to, cause physical 
pain; 

(2) Releasing noxious, toxic or otherwise unpleasant sprays, mists, or 
substances in proximity to the individual's face; 



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§ 3060 



(3) Any inierveniion which denies adequate sleep, food, water, sheker. 
bedding, physical comt'ort, or access to bathroom facilities: 

(4) Any intervention which is designed to subject, used to subject, or 
likely to subject the individual to verbal abuse, ridicule or humiliation, 
or which can be expected to cause excessive emotional trauma; 

(5) Restrictive interventions which employ a device or material or ob- 
jects that simultaneously immobilize all four extremeties, including the 
procedure known as prone containment, except that prone containment 
or similar techniques may be used by trained personnel as a limited emer- 
gency intervention pursuant to subsection (i); 

(6) Locked seclusion, except pursuant to subsection (i)(4)(A); 

(7) Any intervention that precludes adequate supervision of the indi- 
vidual; and 

(8) Any intervention which deprives the individual of one or more of 
his or her senses. 

(m) Due Process Hearings. The provisions of this chapter related to 
functional analysis assessments and the development and implementa- 
tion of behavioral intervention plans are subject to the due process hear- 
ing procedures specified in Education Code Section 56501 et seq. No 
hearing officer may order the implementation of a behavioral interven- 
tion that is otherwise prohibited by this section, by SELPA policy, or by 
any other applicable statute or regulation. 

NoTE; Authority cited: Section 56523(a), Education Code. Reference: Sections 
56520 and 56523. Education Code. 

History 

1. New section filed 4-20-93; operative 5-20-93 (Register 93, No. 17). 

2. Amendment of subsections (b). (b)(2)(D), (c), (i), (i )(5) and (i)(7) filed 2-2.3-96 
as an emergency; operative 2-23-96 (Register 96, No. 8). A Certificate of Com- 
pliance must be transmitted to OAL by 6-22-96 or emergency language will be 
repealed by operation of law on the following day. 

3. Certificate of Compliance as to 2-23-96 order including further amendment of 
subsection (b) transmitted to OAL 6-21-96 and filed 8-5-96 (Resister 96. No. 

§ 3053. Special Classes. 

(a) Placement in a special day class shall not limit or restrict the consid- 
eration of other options, including services provided in a vocational edu- 
cation program or any combination of programs and placements as may 
be required to provide the services specified in a pupil's individualized 
education program. 

(b) The following standards for special classes shall be met: 

(1) A special class shall be composed of individuals whose needs as 
specified in the individualized education programs can be appropriately 
met within the class. 

(2) Pupils in a special class shall be provided with an educational pro- 
gram in accordance with their individualized education programs for at 
least the same length of time as the regular school day for that chronolog- 
ical peer group: 

(A) When an individual can benefit by attending a regular program for 
part of the day, the amount of time shall be written in the individualized 
education program. 

(B) When the individualized education program team determines that 
an individual cannot function for the period of time of a regular school 
day, and when it is so specified in the individualized education program, 
an individual may be permitted to attend a special class for less time than 
the regular school day for that chronological peer group. 

(3) The procedure for allocation of aides for special classes shall be 
specified in the local plan. Additional aide time may be provided when 
the severity of the handicapping conditions of the pupils or the age of the 
pupils justifies it, based on the individualized education programs. 

(4) Special class(es) shall be located to promote maximum appropriate 
interaction with regular educational programs. 

(c) The special class shall be taught by a full-time-equivalent teacher 
whose responsibility is the instruction, supervision, and coordination of 
the educational program for those individuals enrolled in the special 
class. 

The special class shall be taught by a teacher who holds an appropriate 
special education credential authorized by the Commission on Teacher 



Credentialing and who pos.sesses the necessary competencies to teach in- 
dividuals assigned to the class. Special class teachers with a Special Edu- 
cation Credential employed as of September 1 , 1 975, as teachers in spe- 
cial classes for pupils in severe language disorder aphasia programs and 
who possess the necessary competencies to teach individuals assigned to 
the class, shall be authorized to continue to teach. 

NOTE: Authority cited: Section 561 ()0(a) and (i). Education Code. Reference: Sec- 
tions 56001 and 56364, Education Code; and 34 CFR 300.55(K554. 

History 
1. Amendment filed 3-21-88; operative 4-20-88 (Register 88. No. 15). 

§ 3054. Special Center. 

(a) Standards. Special centers of)erating under this section shall: 

(1) Provide pupils in a special center with an educational program in 
accordance with their individualized education programs for at least the 
same length of time as the regular school day for that chronological peer 
group: 

(A) When an individual can benefit by attending a regular class(es) or 
other program part of the day, the amount of time shall be written in the 
individualized education prograin. 

(B) When the individualized education program team determines than 
an individual cannot function for the period ol' time of a regular school 
day, and when it is so specified in the individualized education program, 
an individual may be permitted to attend a special center for less time than 
the regular school day for that chronological peer group. 

(2) Be staffed by qualified personnel at a pupil/adult ratio to enable im- 
plementation of the pupils' individualized education programs. 

(3) Provide an emergency communication system for the health and 
safety of individuals with exceptional needs, such as fire, earthquake, and 
smog alerts. 

(4) Have specialized equipment and facilities to meet the needs of indi- 
viduals served in the special centers. 

(b) Special centers should be located to promote maximum, appropri- 
ate interaction with regular educational programs. 

Note; Authority cited: Section 5610()(a) and (i). Education Code; 20 U.S.C. 
1414(c)(2)(B); and 34 C.F.R. 300.600. References: Sections 56001 and 56364. 
Education Code; and 34 C.F.R. 300.550-554. 

Article 6. Nonpublic, Nonsectarian School 
and Agency Services 

§ 3060. Application for Certification. 

(a) Any school, person or agency desiring to obtain certification as a 
nonpublic school or nonpublic agency shall file an application with the 
Superintendent on forms developed and provided by the Department. 

(b) Applications to be certified as a nonpublic school or a nonpublic 
agency shall be filed at the time allowed by Education Code section 
56366.1(b) and (h). 

(c) Each nonpublic school or nonpublic agency application shall in- 
clude information pursuant to Education Code section 56366. 1(a) and: 

( 1 ) the name and address of the nonpublic school or nonpublic agency; 

(2) the name of the administrator and contact person; 

(3) the telephone and FAX numbers; 

(4) for nonpublic schools, the name of the teacher(s) with a credential 
authorizing service in special education; 

(5) the types of disabling conditions served; 

(6) the age, gender and grade levels served; 

(7) the total capacity of the program; 

(8) a brief description of the program; 

(9) per hour, per day or montlily fees for services provided: 

(10) written directions and a street map describing the location of the 
nonpublic school from the major freeways, roads, streets, thoroughfares 
and closest major airport; 

(11) tuberculosis expiration dales for all staff; 

(12) criminal record summary or criminal history clearance dates for 
all staff who may have contact with pupils; 



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(13) a list of school districts, county offices of education and special 
education local plan areas for whom the applicant has a contract to pro- 
vide school and/or related services; 

(14) for out-of-state applicants, a copy of the current certification or 
license by the state education agency to provide education services to in- 
dividuals with exceptional needs under the Individuals with Disabilities 
Education Act; 

(15) for in-state private schools currently providing educational ser- 
vices to six (6) or more students, a copy of the Private School Affidavit 
which has been filed with their county superintendent of schools; 

( 16) a copy of the current school year calendar; and 

(17) a fire inspection clearance completed within the past twelve 
months. 

(d) In addition to the requirements set forth section 3060.2, each non- 
public school with a residential component shall include, as part of the 
application for certification: 

( 1 ) the name of the residential program attached to the nonpublic 
school; 

(2) a copy of the current residential care license; 

(3) the proprietary status of the residential program; 

(4) alist of all residential facilities affiliated with the nonpublic school; 

(5) the total capacity of all the residential facilities affiliated with the 
nonpublic school; 

(6) the per day or monthly fee for the residential component; and 

(7) the rate of care level for each residential facility affiliated with the 
nonpublic school. 

(e) The applicant shall file affidavits, assurances and clearances that 
verify compliance with: 

(1) Fair Employment Act; 

(2) Drug Free Workplace Act of 1988; 

(3) Section 504 of the Rehabilitation Act of 1973; 

(4) Individuals with Disabilities Education Act; 

(5) Civil Rights Act of 1964, as amended; 

(6) Education Code Section 33190 (Private School Affidavit); 

(7) Nonsectarian status; 

(8) OSHA Bloodbome Pathogens Standards; 

(9) all local, county, or state ordinances and/or statutes relating to fire, 
health, sanitation, and building safety; 

(10) use permit, conditional permit or zoning; and 

(11) other assurances as required by state or federal law set forth in the 
Assurance Statement in the nonpublic school or nonpublic agency ap- 
plication for certification. 

(f) The applicant shall submit, with the application, a fee in accordance 
with Education Code Section 56366. l(k). 

(g) No fee shall be refunded to the applicant if the application is with- 
drawn or if the Superintendent denies the application. 

(h) Applicants shall submit a separate application for each nonpublic 
school or nonpublic agency site. 

(i) A nonpublic school or agency shall be certified for a period of two 
years, terminating on December 3 1 of the second year. An annual renew- 
al application shall be required. The renewal application shall require the 
nonpublic school or agency to update information that has changed since 
the submission of its previous application including, but not limited to, 
a copy of the current school year calendar and if the nonpublic school has 
a residential component, a copy of the current residential care license. 

(j) To allow transition of separate cycles between nonpublic schools 
and nonpublic agencies, beginning January 2000, nonpublic schools 
shall receive a one-time three-year certification that requires annual up- 
dates. Beginning January 2000, nonpublic agencies shall begin a two- 
year period of certification that requires annual updates. When nonpublic 
school certifications expire on December 31, 2003, the two-year period 
of certification shall become effective thereafter. 

Note. Authority cited: Sections 33031, 56100 and 56366(e), Education Code. 
Reference: Section 56366.1, Education Code. 



History 

1 . New seclion Hied 7-1 8-97 as an emergency: operative 7-1 8-97 (Register 97, 
No. 29). A Certificate of Compliance must be transmitted to OAL by 1 1-17-97 
oremergency amendments will be repealed by operation of law on the following 
day. 

2. New section retiled 1 1-14-97 as an emergency; operative 11-1 4-97 (Register 
97, No. 46). A Certificate of Compliance must be transmitted to OAL by 
3-16-98 or emergency language will be repealed by operation of law on the 
following day. 

3. Repealed by operation of Government Code section 11346.1(g) (Register 98, 
No. 16). 

4. New seclion filed 4-16-98 as an emergency; operative 4-16-98 (Register 98, 
No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-98 
or emergency language will be repealed by operation of law on the following 
day. 

5. Repealed by operation of Government Code section 1 1346.1(g) (Resister 98, 

No. 34). 

6. New section tiled 8-19-98 as an emergency; operative 8-19-98 (Register 98, 
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-1 7-98 
or emergency language will be repealed by operation of law on the following 
day. 

7. Repealed by operation of Government Code section 11346.1(c) (Register 98, 

No. 52). 

8. New section tiled 12-21-98 as an emergency; operative 12-2 1-98 (Register 98, 
No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-99 
or emergency language will be repealed by operation of law on the following 
day. 

9. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 
(Register 99, No. 13). A Certificate of Compliance must be transmitted to OAL 
by 7-23-99 or emergency language will be repealed by operation of law on the 
following day. 

10. Certificate of Compliance as to 3-25-99 order, including repealer and new sec- 
tion, transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36). 

§ 3061 . Service Fees, Finance and Maintenance of 
Records. 

All certified nonpublic schools and agencies shall: 

(a) provide the Superintendent with specified cost data, pursuant to 
Education Code Section 56366.7 for providing education and designated 
instruction and services to individuals with exceptional needs; 

(b) maintain cost data in sufficient detail to verify the annual operating 
budget in providing education and designated instruction and services to 
individuals with disabilities. Fiscal records shall be maintained for a 
minimum of five years from the date or origination or until audit findings 
have been resolved, which is longer; 

(c) make available any books and records associated with the delivery 
of education and designated instruction and services to individuals with 
exceptional needs for audit inspection or reproduction by the Superinten- 
dent or the Superintendent's authorized representatives. These records 
shall include those management records associated with the delivery of 
education and designated instruction and services, costs of providing ser- 
vices and personnel records necessary to ensure that staff qualifications 
comply with the requirements contained in Article 6 of these regulations; 
and 

(d) not charge parents for services covered in the master contract with 
the public educafion agency. 

NOTE: Authority cited: Sections 33031, 56100 and 56366(e), Education Code. 
Reference: Section 56366.7, Education Code. 

History 

1 . New section filed 7-1 8-97 as an emergency; operative 7-1 8-97 (Register 97, 
No. 29). A Certificate of Compliance must be transmitted to OAL by 11-1 7-97 
oremergency amendments will be repealed by operation of law on the following 
day. For prior history, see Register 95, No. 49. 

2. New section refiled 1 1-14-97 as an emergency; operative 1 1-14-97 (Register 
97, No. 46). A Certificate of Compliance must be transmitted to OAL by 
3-16-98 or emergency language will be repealed by operation of law on the 
following day. 

3. Repealed by operation of Government Code section 1 1346.1(g) (Register 98, 
No. 16). 

4. New section filed 4-16-98 as an emergency; operative 4-16-98 (Register 98, 
No. 16). A Certificate of Compliance must be transnutted to OAL by 8-14-98 
or emergency language will be repealed by operation of law on the following 
day. 



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• 



5. Repealed by opcralion of Government Code section 1 1346.1(2) (Resistor 98. 

No. ^4). 

(1. New section tiled 8-19-98 as an emergency: operative 8-19-98 (Register 98, 
No. 34). A Certificate of Compliance must be transmitted to OAL by iVl 7-98 
or emergency language will be repealed by operation of law on the following 
day. 

7. Repealed by operation of Government Code section 1 1346.1(2) (Register 98, 

No. 32). 

8. New section filed 1 2-2 1 -98 as an emergency; operative 1 2-2 1 -98 ( Register 98, 
No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-99 
or emergency language will be repealed by operation of law on the following 
day. 

9. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 
( Register 99. No. 1 3). A Certificate of Compliance must be transmitted to OAL 
by 7-23-99 or emergency language will be repealed by operation of law on the 
following day. 

1 0. Certificate of Compliance as to 3-25-99 order, ineludine repealer and new sec- 
tion, transinitled to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36). 



§ 3062. Contracts and Agreements. 

(a) A master contract shall be used by a local education agency for en- 
tering into formal agreements with certified nonpublic schools or non- 
public agencies. The term of the contract shall not exceed one year. The 
contract shall specify the administrative and financial agreements be- 
tween the local education agency and the nonpublic school or nonpublic 
agency. 

(b) No master contract with the local education agency shall be contin- 
gent upon nonpublic school or nonpublic agency individual contracts or 
agreements with parents. 

(c) The master contract shall, at a minimum, include: 

( 1 ) general provisions relating to modifications and amendments, no- 
tices, waivers, disputes, contractor's status, conflicts of interest, termina- 
tion, inspection and audits, compliance with applicable state and federal 
laws and regulations, attendance, record-keeping, and reporting require- 
ments; 

(2) payment schedules to include, but not limited to payment amounts, 
payment demand, right to withhold and audit exceptions; 

(.3) indemniflcation and reasonable insurance requirements; and 
(4) procedures and responsibilities for attendance and unexcused ab- 
sences. 

(d) All master contracts shall be re-negotiated prior to June 30. 

(e) Services may be provided through dual enrollment in public and 
nonpublic school or nonpublic agency programs to meet the educational 
requirements specified in the individualized education program. The 
master contract or individual service agreement shall specify the provid- 
er of each service. The individual with exceptional needs shall be formal- 
ly enrolled in both nonpublic and public school programs. The nonpublic 
school or nonpublic agency shall be reimbursed by the local education 
agency for services as agreed upon in the contract. 

(f) Substitute teachers shall be used consistent with the provisions of 
Education Code Section 56061. 

(g) Nonpublic schools and nonpublic agencies shall provide contract- 
ing local education agencies with copies of current valid California cre- 
dentials and licenses for staff providing services to individuals with ex- 
ceptional needs. 

(h) Nonpublic schools and agencies shall notify the Superintendent 
and contracting local education agencies in writing within forty-five (45) 
days of any credential or licensed personnel changes. Failure to provide 
properly qualified personnel to provide services as specified in the indi- 
vidualized education program shall be cause for the termination of all 
contracts between the local education agency and the nonpublic school 
or nonpublic agency. 

NOTE: Authority cited: Sections 33031, 56100 and 56366(e), Education Code. 
Reference: Sections 56366 and 56366.1, Education Code. 

Hlstory 
I. New section filed 7-18-97 as an emergency; operafive 7-18-97 (Register 97, 

No. 29). A Certificate of Compliance must be transmitted to OAL by 1 1-17-97 

or emergency amendments will be repealed by operation of law on the following 

day. For prior history, see Register 95, No. 49. 



2. New section refiled 1 1-14-97 as an emergency; operative 1 1-14-97 (Register 
97, No. 46). A Certificate of Compliance mu.st be transmitted to OAL by 
3-16-98 or emergency language will be repealed by operation of law on the 
following day. 

3. Repealed by operation of Government Code section 1 1.346.1(2) (Register 98. 
No. 16). 

4. New section filed 4-16-98 as an emergency; operative 4-16-98 (Register 98. 
No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-98 
or emergency language will be repealed by operation of law on the following 
day. 

5. Repealed by operation of Government Code section 1 1.346.1(g) (Rceister 98. 

No. 34). 

6. New section filed 8-19-98 as an emergency; operative 8-19-98 (Register 98. 
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-1 7-98 
or emergency language will be repealed by operation of law on the following 
day. 

7. Repealed by operafion of Government Code section 1 1.346.1(2) (Re2isler 98. 

No. 52). 

8. New section filed 1 2-2 1 -98 as an emergency; operative 1 2-2 1 -98 ( Register 98. 
No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-99 
or emergency language will be repealed by operation of law on the following 
day. 

9. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 
(Register99, No. 13). A Certificate of Compliance must be transmitted to OAL 
by 7-23-99 or emergency language will be repealed by operation of law on the 
following day. 

1 0. Certificate of Compliance as to 3-25-99 order, including repealer and new sec- 
tion, transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. .36). 

§ 3063. Program Reviews,, 

(a) The Superintendent shall conduct a validation review of the non- 
public school prior to an initial conditional certification. An on-site re- 
view shall be conducted within 90 days of the initial conditional certifica- 
tion and student enrollment. On-site reviews shall be scheduled at least 
once every four years thereafter. 

(b) The nonpublic school, the contracting education agency and the 
special education local plan area shall be given a minimum of thirty (30) 
days prior notice before an on-site review. 

(c) The person serving as the lead of the review team shall confer with 
the school administrator at least 48 hours prior to the on-site review to 
discuss the procedures and the number of days required for the review. 
The lead of the review team shall identify those persons who are to partic- 
ipate in the on-site review. 

(d) Nonpublic schools and nonpublic agencies may be visited at any 
time without prior notice when there is substantial reason to believe that 
there is an immediate danger to the health, safety, or welfare of a child 
or group of children. The Superintendent shall document the concern and 
submit it to the nonpublic school or nonpublic agency at the time of the 
on-site monitoring. 

(e) On-site reviews shall include the following procedures: 

(1) an entrance meeting to acquaint the on-site review team with the 
nonpublic school or nonpublic agency staff and site to discuss the pur- 
pose and objectives of the review; 

(2) a review and examination of files and documents, classroom ob- 
servations and interviews with the site administrator, teachers, students, 
volunteers and parents to determine compliance with all applicable state 
and federal laws and regulations; and 

(3) an exit meeting to provide the nonpublic school or nonpublic 
agency with a preliminary preview of the on-site review findings, verify 
compliance and offer technical assistance including how to resolve is- 
sues of noncompliance. 

(f) The Superintendent shall provide the nonpublic school or nonpub- 
lic agency, the contracting educational agency and the special education 
local plan area with a written report within 60 days of the on-site review. 

(g) The Superintendent shall request a written response, within a time- 
frame to be determined by the Superintendent, but in no case to exceed 
180 days, to any noncompliance finding that resulted from the on-site re- 
view. 

(h) The Superintendent shall provide a written notification, within 30 
days of receipt, to the nonpublic school or nonpublic agency regarding 
their response to each noncompliance finding. 



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(i) On-site reviews shall be conducted only by personnel who have 
been trained by Department staff to perform such administrative and pro- 
gram examinations. 

NOTE: Authority cited: Sections 33031, 56100 and 56366(e), Education Code. 
Reference: Sections 56366.1 and 56366.8, Education Code. 

History 

1. New section filed 7-18-97 as an emergency; operative 7-18-97 (Register 97, 
No. 29). A Certificate of Compliance must be transmitted to OAL by 1 1 -1 7-97 
or emergency amendments will be repealed by operation of law on the following 
day. For prior history, see Register 95, No. 49. 

2. New section refiled 1 1-14-97 as an emergency; operative 1 1-14-97 (Register 
97, No. 46). A Certificate of Compliance must be transmitted to OAL by 
3-16-98 or emergency language will be repealed by operation of law on the 
following day. 

3. Repealed by operation of Government Code secfion 11346.1(g) (Resister 98. 
No. 16). 

4. New section filed 4-16-98 as an emergency; operative 4-16-98 (Register 98, 
No. 16). A Certificate of Compliance must be transmitted lo OAL by 8-14-98 
or emergency language will be repealed by operation of law on the following 
day. 

5. Repealed by operation of Government Code section 1 1346.1(g) (Register 98, 

No. 34). 

6. New section filed 8-19-98 as an emergency; operafive 8-19-98 (Register 98, 
No. 34). A Certificate ofCompliance must be transmitted to OAL by 12-17-98 
or emergency language will be repealed by operation of law on the following 
day. 

7. Repealed by operation of Government Code section 1 1346.1(g) (Register 98, 
No. 52). 

8. New section filed 12-2 1-98 as an emergency; operative 1 2-2 1 -98 (Register 98, 
No. 52). A Certificate ofCompliance must be transmitted to OAL by 4-20-99 
or emergency language will be repealed by operation of law on the following 
day. 

9. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 
(Register 99, No. 1 3). A Certificate ofCompliance must be transmitted to OAL 
by 7-23-99 or emergency language will be repealed by operation of law on the 
following day. 

10. Certificate ofCompliance as to 3-25-99 order, including repealer and new sec- 
tion, transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36). 

§ 3064. Staff Qualifications — Special Education 
Instruction. 

(a) The nonpublic school or nonpublic agency shall deliver instruction 
utilizing personnel who possess a credential authorizing the holder to de- 
liver special education instruction according to the age range and disab- 
ling conditions of individuals with exceptional needs enrolled in the non- 
public school. 

(b) Instruction shall be directed and delivered pursuant to the master 
contract and the individual service agreement. 

(c) To provide special education instruction for individuals with ex- 
ceptional needs younger than three years of age, as described in Educa- 
tion Code. Part 30, Chapter 4.4, the nonpublic school shall comply with 
the provisions of Education Code Section 56425 et seq., and Education 
Code Section 56426.2(e) regarding adult to child ratios. 

(d) To provide special education instruction for individuals with ex- 
ceptional needs between the ages of three and five years, inclusive, as de- 
scribed in Education Code, Part 30, Chapter 4.45, the nonpublic school 
shall comply with the provisions of Education Code Section 56440 et 
seq., and Education Code Section 56441.5 regarding appropriate instruc- 
tional adult to child ratios. 

(e) Nonpublic schools and nonpublic agencies shall comply with the 
personnel standards and qualifications pursuant to Education Code Sec- 
tion 45340 et seq., and Education Code Section 45350 et seq., regarding 
instructional aids and teacher assistants, respectively. 

(f) Nonpublic schools and nonpublic agencies shall comply with all of 
the laws and regulations governing the licensed professions, in particular 
the provisions with respect to supervision. Nonpublic schools and non- 
public agencies may use assistants to the extent authorized by state and 
federal law. 

NOTE: Authority cited: Sections 33031, 56100 and 56366(e), Education Code. 
Reference: Sections 45340, 45350, 56366.1 and 56425. Education Code. 

History 
1. New section filed 7-18-97 as an emergency; operative 7-18-97 (Register 97, 
No. 29). A Certificate ofCompliance must be transmitted to OAL by 1 1-17-97 



oremergency amendments will be repealed by operation of law on the following 
day. For prior history, see Register 95, No. 49. 

2. New section refiled 1 1-14-97 as an emergency; operative 1 1-14-97 (Register 
97, No. 46). A Certificate of Compliance must be transmitted to OAL by 
3-16-98 or emergency language will be repealed by operation of law on the 
following day. 

3. Repealed by operation of Government Code section 1 1346.1(g) (Recister 98, 
No. 16). 

4. New section filed 4-16-98 as an emergency; operative 4-16-98 (Register 98, 
No. 16). A Certificate ofCompliance must be transmitted to OAL by 8-14-98 
or emergency language will be repealed by operafion of law on the following 
day. 

5. Repealed by operation of Government Code secfion 1 1346.1(g) (Register 98, 
No. 34). 

6. New section filed 8-19-98 as an emergency; operative 8-19-98 (Register 98. 
No. 34). A Certificate ofCompliance must be transmitted to OAL by 12-17-98 
oremergency language will be repealed by operation of law on the following 
day. 

7. Repealed by operafion of Government Code section 1 1346.1(g) (Register 98, 
No. 52). 

8. New section filed 12-21-98 as anemergency; operative 12-21-98 (Register 98, 
No. 52). A Certificate ofCompliance must be transmitted to OAL by 4-20-99 
or emergency language will be repealed by operation of law on the following 
day. 

9. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 
(Register 99, No. 13). A Certificate ofCompliance must be transmitted to OAL 
by 7-23-99 or emergency language will be repealed by operation of law on the 
following day. 

1 0. Certificate ofCompliance as to 3-25-99 order, including repealer and new sec- 
tion, transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36). 

§ 3065. Staff Qualifications — Related Services including 
Designated Instruction and Services. 

To be eligible for certification to provide designated instruction and 
services for individuals with exceptional needs, nonpublic schools and 
agencies shall meet the following requirements: 

(a)(1) "Adapted physical education" means: 

(A) a modified general physical education program, or a specially de- 
signed physical education program in a special class; or 

(B) consultative services provided to pupils, parents, teachers, or other 
school personnel for the purpose of identifying supplementary aids and 
services or modifications necessary for successful participation in the 
general physical education program or specially designed physical 
education programs. 

(2) Adapted physical education shall be provided only by personnel 
who possess a credential that authorizes service in adapted physical 
education. 

(b)(1) "Assistive technology service" means any service that directly 
assists an individual with exceptional needs in the selection or use of an 
assistive technology device that is educationally necessary. The term in- 
cludes the evaluation of the needs of an individual with exceptional needs 
including a functional evaluation of the individual in the individual's 
customary environment; coordinating and using other therapies, inter- 
ventions, or services with assistive technology devices, such as those 
associated with existing education programs and rehabilitation plans and 
programs; training or technical assistance for an individual with excep- 
tional needs or. where appropriate, the family of an individual with ex- 
ceptional needs or, if appropriate, that individual's family; and training 
or technical assistance for professionals (including individuals providing 
education and rehabilitation services), employers or other individuals 
who provide services to, employ, or are otherwise substantially involved 
in the major life functions of individuals with exceptional needs. 

(2) Assistive technology services shall be provided only by personnel 
who possess a: 

(A) license in Physical Therapy issued by a licensing agency within 
the Department of Consumer Affairs, where the utilization of assistive 
technology services falls within the scope of practice of physical therapy 
as defined in Business and Professions Code section 2620 and imple- 
menting regulations; or 

(B) certificate of registration as an Occupational Therapist pursuant to 
Business and Professions Code section 2570 et seq., where the utilization 
of assistive technology services falls within the scope of practice of oc- 
cupational therapy; or 



• 



• 



• 



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§ 3()65 



• 



• 



(C) license in Speech-Language Pathology issued hy a licensing 
agency within the Department ot" Consumer Affairs or a valid document, 
issued by the Commission on Teacher Credentialing. where the function 
of the assistive technology service is augmentative communication; or 

(D) baccalaureate degree in engineering with emphasis in assistive 
technology; or 

(E) baccalaureate degree in a related field of engineering with a gradu- 
ate certificate in rehabilitation technology or assistive technology; or 

(F) certification from the Rehabilitation Engineering and Assistive 
Technology Society of North America and Assistive Technology Pro- 
vider (RESNA/ATP); or 

(G) a certificate in assistive technology applications issued by a re- 
gionally accredited post-secondary institution; or 

(H) a credential that authorizes special education of physically handi- 
capped, orthopedically handicapped, or severely handicapped pupils. 

(c)(1) "Audiological services" means aural rehabilitation (auditory 
training, speech reading, language habilitation. and speech conservation) 
and habilitation with individual pupils in the general classroom; monitor- 
ing hearing levels, auditory behavior, and amplification for all pupils re- 
quiring personal or group amplification in the instaictional setting; plan- 
ning, organizing, and implementing an audiology program for 
individuals with auditory dysfunctions, as specified in the individualized 
education program; or consultative services regarding test finding, am- 
plification needs and equipment, otological referrals, home training pro- 
grams, acoustic treatment of rooms, and coordination of educational ser- 
vices to hearing-impaired individuals. 

(2) Audiological services shall be provided only by personnel who 
possess: 

(A) a license in Audiology issued by a licensing agency within the De- 
partment of Consumer Affairs; or 

(B) a credential authorizing audiology services. 

(d) Behavior intervention shall be designed or planned only by person- 
nel who have: 

(1) pupil personnel services credential that authorizes school counsel- 
ing or school psychology; or 

(2) credential authorizing the holder to deliver special education 
instruction; or 

(3) license as a Marriage, Family, and Child Counselor issued by a li- 
censing agency within the Department of Consumer Affairs; or 

(4) license as a Clinical Social Worker issued by a licensing agency 
within the Department of Consumer Affairs; or 

(5) license as an Educational Psychologist issued by a licensing 
agency within the Department of Consumer Affairs; or 

(6) license as a Psychologist issued by a licensing agency within the 
Department of Consumer Affairs; or 

(7) master's degree issued by a regionally accredited post-secondary 
institution in education, psychology, counseling, behavior analysis, be- 
havior science, human development, social work, rehabilitation, or in a 
related field. 

(e) To be eligible for certification to provide behavior intervention, in- 
cluding implementation of behavior modification plans, but not includ- 
ing development or modification of behavior intervention plans, a non- 
public school or agency shall deliver those services utilizing personnel 
who: 

(1) possess the qualifications under subdivision (d); or 
(2)( A) are under the supervision of personnel qualified under subdivi- 
sion (d); 

(B) possess a high school diploma or its equivalent; and 

(C) receive the specific level of supervision required in the pupil's 
lEP. 

(0(1) "Counseling and guidance" means educational counseling in 
which the pupil is assisted in planning and implementing his or her im- 
mediate and long-range educational program; career counseling in 
which the pupil is assisted Jn assessing his or her aptitudes, abilities, and 
interests in order to make realistic career decisions; personal counsehng 
in which the pupil is helped to develop his or her ability to function with 



social and personal responsibility: or counseling with parents and staff 
members on learning problems and guidance programs for pupils. 

(2) Counseling and guidance shall be provided only by personnel who 
possess a: 

(A) license as a Marriage, Family, and Child Counselor issued by a li- 
censing agency within the Department of Consumer Affairs: or 

(B) license in Clinical Social Work issued by a licensing agency within 
the Department of Consumer Affairs; or 

(C) license as an Educational Psychologist issued by a licensing 
agency within the Department of Consumer Affairs; or 

(D) license as a Psychologist issued by a licensing agency within the 
Department of Consumer Affairs; or 

(E) pupil personnel services credential, which authorizes school coun- 
seling or school psychology. 

(g)(1) "Early education programs for children with disabilities" means 
the program and services specified by Education Code Part .^0 Section 
56425 et seq. 

(2) Early education programs for children with disabilities shall be 
provided only by personnel who meet the appropriate per.sonnel qualifi- 
cations set forth in this Article and comply with all other requirements of 
Education Code Chapter 4.4 commencing with Section 56425. 

(h) An "educational interpreter" provides communication facilitation 
between students who are deaf or hard of hearing, and others, in the gen- 
eral education classroom and for other school related activities, including 
extracurricular activities, as designated in a student's lEP. 

( 1 ) Interpreters for deaf and hard of hearing pupils shall meet the fol- 
lowing qualification standards: 

(A) By July 1 , 2008, an educational interpreter shall be certified by the 
national RID, or equivalent; in lieu of RID certification or equivalent, an 
educational interpreter shall have achieved a score of 3.0 or above on the 
EIPA, the ESSE-I/R, or the NAD/ACCI assessment. If providing Cued 
Language transliteration, a transliterator shall possess TECUnit certifi- 
cation, or have achieved a score of 3.0 or above on the EIPA — Cued 
Speech. 

(B) By July 1 , 2008. an educational interpreter shall be certified by the 
national RID, or equivalent; in lieu of RID certification or equivalent, an 
educational interpreter shall have achieved a score of 3.5 or above on the 
EIPA, the ESSE-I/R, or the NAD/ACCI assessment. If providing Cued 
Language transliteration, a transliterator shall possess TECUnit certifi- 
cation, or have achieved a score of 3.5 or above on the EIPA — Cued 
Speech. 

(C) By July 1 , 2009, and thereafter, an educational interpreter shall be 
certified by the national RID, or equivalent; in lieu of RID certification 
or equivalent, an educational interj^reter shall have achieved a score of 
4.0 or above on the EIPA. the ESSE-I/R, or the NAD/ACCI assessment. 
If providing Cued Language transliteration, a transliterator shall possess 
TECUnit certification, or have achieved a score of 4.0 or above on the 
EIPA — Cued Speech; 

(i)(l) "Health and nursing services" means: 

(A) managing the child's health problems on the school site; 

(B) consulting with pupils, parents, teachers, and other personnel; 

(C) group and individual counsehng with parents and pupils regarding 
health problems; 

(D) maintaining communication with health agencies providing care 
to individuals with disabilities; or 

(E) providing services by qualified personnel. 

(2) Health and nursing services shall be provided only by personnel 
who possess: 

(A) a license as a Registered Nurse, issued by a licensing agency with- 
in the Department of Consumer Affairs; or 

(B) a license as a Vocational Nurse, issued by a licensing agency with- 
in the Department of Consumer Affairs, under the supervision of a li- 
censed registered nurse; or 

(C) a school nurse credential; or 

(D) demonstrated competence in cardio-pulmonary resuscitation, 
current knowledge of community emergency medical resources, and 



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skill in the use of equipment and performance of techniques necessary to 
provide specialized physical health care services for individuals with ex- 
ceptional needs. In addition, possession of training in these procedures 
to a level of competence and safety that meet the objectives of the training 
as provided by the school nurse, public health nurse, licensed physician 
and surgeon, or other training programs. "Demonstrated competence in 
cardio-pulmonary resuscitation" means possession of a current valid 
certificate from an approved program; or 

(E) a valid license, certificate, or registration appropriate to the health 
service to be designated, issued by the California agency authorized by 
law to license, certificate, or register persons to practice health service in 
California. 

(j)(l) "Home and hospital services'" means instruction delivered to 
children with disabilities, individually, in small groups, or by teleclass. 
whose medical condition such as those related to surgery, accidents, 
short-term illness or medical treatment for a chronic illness prevents the 
individual from attending school. 

(2) Home or hospital instruction shall be provided only by personnel 
who possess a valid teaching credential. 

(k)(l) "Language and speech development and remediation" means 
screening, assessment, individualized education program development 
and direct speech and language services delivered to children with dis- 
abilities who demonstrate difficulty understanding or using spoken lan- 
guage to such an extent that it adversely affects their educational perfor- 
mance and cannot be corrected without special education and related 
services. 

(2) Language and speech development and remediation shall be pro- 
vided only by personnel who possess: 

(A) a license in Speech-Language Pathology issued by a licensing 
agency within the Department of Consumer Affairs; or 

(B) a credential authorizing language or speech services. 

(/)( 1 ) "Occupational therapy" means the use of various treatment mo- 
dalities including self-help skills, language and educational techniques 
as well as sensory motor integration, physical restoration methods, and 
prevocation exploration to facilitate physical and psychosocial growth 
and development. 

(2) Occupational therapy shall be provided only by personnel who 
have certification in good standing with the National Board for Certifica- 
tion in Occupational Therapy. Inc. as a registered occupational therapist 
(OTR) or certified occupational therapy assistant (COTA). Services pro- 
vided by a COTA shall be supervised by an OTR in accordance with pro- 
fessional standards outlined by the American Occupational Therapy 
Association. 

(m)(l) "Orientation and mobility instruction" means specialized 
instruction for individuals in orientation and mobility techniques or con- 
sultative services to other educators and parents regarding instructional 
planning and implementation of the individualized education program 
relative to the development of orientation and mobility skills and inde- 
pendent living skills. 

(2) Orientation and mobility instruction shall be provided only by per- 
sonnel who possess a credential that authorizes services in orientation 
and mobility instruction. 

(n)( 1 ) "Parent counseling and training" means assisting parents in un- 
derstanding the special needs of their child and providing parents with 
information about child development. 

(2) Parent counseling and training shall be provided only by personnel 
who possess a: 

(A) credential that authorizes special education instruction; or 

(B) credential that authorizes health and nursing services; or 

(C) license as a Marriage, Family, and Child Counselor, issued by a 
licensing agency within the Department of Consumer Affairs; or 

(D) license as a Clinical Social Worker, issued by a licensing agency 
within the Department of Consumer Affairs; or 

(E) license as an Educational Psychologist, issued by a licensing 
agency within the Department of Consumer Affairs; or 



(F) license as a Psychologist, issued by a licensing agency within the 
Department of Consumer Affairs; or 

(G) pupil personnel services credential that authorizes school counsel- 
ing or school psychology or school social work. 

(o)( 1) "Physical therapy" means the: 

(A) administration of active, passive, and resistive therapeutic exer- 
cises and local or general massage, muscle training and corrective exer- 
cises and coordination work; 

(B) administration of hydrotherapy treatments; 

(C) assistance in administering various types of electrotherapy includ- 
ing ultraviolet, infrared, diathermy and inductothermy; 

(D) teaching of parents of hospitalized pupils exercises which are to 
be continued at home and interpret to them the significance of physical 
therapy services; and 

(E) instruction in walking, standing, balance, use of crutches, cane, or 
walker and in the care of braces and artificial limbs. 

(2) Physical therapy shall be provided only by personnel who possess 
a vahd license in Physical Therapy issued by a licensing agency within 
the Department of Consumer Affairs. 

(p)(l) "Psychological services" means: 

(A) psychological counseling provided to children with disabilities; 

(B) consultative services to parents, pupils, teachers, and other school 
personnel; or 

(C) planning and implementing a program of psychological counsel- 
ing for children with disabilities and parent by a credentialed or licensed 
psychologist or other qualified personnel. 

(D) This term does not include assessment services and the develop- 
ment of an individualized education program. 

(2) Psychological services, other than assessment and development of 
the individualized education program, shall be provided only by person- 
nel who possess a: 

(A) license as a Marriage, Family, and Child Counselor, issued by a 
licensing agency within the Department of Consumer Affairs; or 

(B) license as a Clinical Social Worker, issued by a licensing agency 
within the Department of Consumer Affairs; or 

(C) license as an Educational Psychologist, issued by a licensing 
agency within the Department of Consumer Affairs; or 

(D) license in Psychology, issued by a licensing agency within the De- 
partment of Consumer Affairs; or 

(E) pupil personnel services credential that authorizes school psychol- 
ogy- 

(q)(l) "Recreation services" means: 

(A) therapeutic recreation and specialized instructional programs de- 
signed to assist pupils to become as independent as possible in leisure ac- 
fivities, and when possible and appropriate, facilitate the pupil's integra- 
tion into general recreation programs; 

(B) recreation programs in schools and the community which are those 
programs that emphasize the use of leisure activity in the teaching of aca- 
demic, social, and daily living skills and the provision of nonacademic 
and extracurricular leisure activities and the ufilizafion of community 
recreafion programs and facilities; or 

(C) leisure education programs which are those specific programs de- 
signed to prepare the pupil for optimum independent participation in ap- 
propriate leisure activities, and developing awareness of personal and 
community leisure resources. 

(2) Recreation services shall be provided only by personnel who pos- 
sess a: 

(A) certificate, issued by the California Board of Recreation and Park 
Cerfification; or 

(B) certificate issued by the National Council for Therapeutic Recre- 
ation; or 

(C) the National Recreation and Park Association, authorizing ser- 
vices in recreation or therapeutic recreation. 

(r)(l) "Social worker services" means: 



• 



• 



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• 



(A) individual and group counseling with the individual and his or her 
immediate family; 

(B) consultation with pupils, parents, teachers, and other personnel re- 
garding the effects of family and other social factors on the learning and 
developmental requirements of children with disabilities; or 

(C) developing a network of community resources, making appropri- 
ate referral and maintaining liaison relationships among the school, the 
pupil, the family, and the various agencies providing social income main- 
tenance, employment development, mental health, or other developmen- 
tal services. 

(2) Social worker services shall be provided only by personnel who 
possess a; 

(A) license in Clinical Social Work issued by a licensing agency with- 
in the Department of Consumer Affairs; or 

(B) license as a Marriage, Family, and Child Counselor, issued by a 
licensing agency within the Department of Consumer Affairs; or 

(C) credential authorizing school social work. 

(s)(l) "Specialized driver training instruction" means instruction to 
children with disabilities to supplement the general driver-training pro- 
gram. 

(2) Specialized driver education and driver training shall be provided 
only by personnel who possess a credential that authorizes service in 
driver education and driver training. 

(t)(l) "Specially designed vocational education and career develop- 
ment" means: 

(A) providing prevocational programs and assessing work-related 
skills, interests, aptitudes, and attitudes; 

(B) coordinating and modifying the general vocational education pro- 
gram; 

(C) assisting pupils in developing attitudes, self-confidence, and 
vocational competencies to locate, secure, and retain employment in the 
community or shelter environment, and to enable such individuals to be- 
come participating members of the community; 

(D) establishing work training programs within the school and com- 
munity; 

(E) assisting in job placement; 

(F) instructing job trainers and employers as to the unique needs of the 
individuals; 

(G) maintaining regularly scheduled contract with all work stations 
and job-site trainers; or 

(H) coordinating services with the Department of Rehabilitation, the 
Employment Development Department and other agencies as designated 
in the individualized education program. 

(2) Specially designed vocation education and career development 
shall be provided only be personnel who possess a: 

(A) adult education credential with a career development authoriza- 
tion; or 

(B) credential that authorizes instruction in special education or voca- 
tional education; or 

(C) pupil personnel services credential that authorizes school counsel- 
ing. 

(u)(l) "Specialized services for low-incidence disabilities" means: 

(A) specially designed instruction related to the unique needs of pupils 
with low-incidence disabilities; or 

(B) specialized services related to the unique needs of individuals with 
low-incidence. 

(2) Specialized services for pupils with low-incidence disabilities 
shall be provided only by personnel who possess a credential that autho- 
rizes services in special education or clinical or rehabilitation services in 
the appropriate area of disability. 

( v) Transcribers for visually impaired pupils shall have a certificate is- 
sued by the Library of Congress as a Braille Transcriber. 

(w)(l) "Vision services" means: 

(A) adaptations in curriculum, media, and the environment, as well as 
instruction in special skills; or 



(B) consultative services to pupils, parents, teachers, and other school 
personnel. 

(2) Vision services shall be provided only by personnel who possess: 

(A) a license as an Optometrist. Ophthalmologist, Physician or Sur- 
geon, issued by a licensing agency with the Department of Consumer Af- 
fairs and authorizing the licensee to provide the services rendered, or 

(B) a valid credential authorizing vision instaiction or services. 

(x) Other designated instruction and services not identified in this sec- 
tion shall only be provided by staff who possess a license issued by a li- 
censing agency with the Department of Consumer Affairs authorizing 
the licensee to provide the specific service or possess a credential autho- 
rizing the service or is qualified to provide the service. 
NOTE; Authority cited: Sections 33031, 36100 and .36366(0, Hducalion Code. 
Reference: Section 1750.3.2, Business and Professions Code: Section 56366.1. 
Education Code; and Sections 300.34 and 300. 1 56(b)( 1 ), Title 34, Code ofF-cderal 
Regulations. 

History 

1. Change without regulatory effect repealing section filed 12-4-95 pursuant to 
section 100, title 1, California Code of Regulations (Register 95. No. 49). 

2. New section filed 9- 1 -99; operative 9- 1 -99 pursuant to Government Code sec- 
tion 11 343.4(d) (Register 99, No. 36). 

3. Amendment of subsections (t )-(()( 1), repealer of subsections (t)(2)-(4). new 
subsection (t)(2) and amendment of Noxi- filed 7-29-2002: operative 
8-28-2002 (Register 2002, No. 31 ). 

4. Amendment of .section and NOTH filed 2-22-2008; operative .3-23-2008 (Reg- 
ister 2008, No. 8). 

§ 3066. Out-of-state Nonpublic Schools/Agencies. 

For purposes of determining eligibility for certification for a nonpub- 
lic school or nonpublic agency located in a state other than Califomia, the 
Department may accept a valid certificate, credential, license, or registra- 
tion issued by another state for the requirements set forth in Sections 
3064 and 3065. 

NOTE: Authority cited: Sections 33031, 56100 and 56366(e), Education Code. 
Reference: Section 56366.1, Education Code. 

Hl.STORY 

1. Change without regulatory effect repealing section filed 12-4-95 pursuant to 
section 100, title 1, Califomia Code of Regulations (Register 95, No. 49). 

2. New section filed 9-1-99; operative 9-1-99 pursuant to Government Code sec- 
tion 11343.4(d) (Register 99. No. 36). 

§ 3067. Certification Status. 

(a) Certification shall become effective on the date when the nonpublic 
school or nonpublic agency meets all the application requirements and 
is approved by the Superintendent except as specified in Subdivision 
3067(d)(1). 

(b) Certification may be retroactive, provided the nonpublic school or 
nonpublic agency met all the requirements for certification on the date 
the retroactive certification is effective. 

(c) The certification status of a nonpublic school or nonpublic agency 
shall be one of the following: 

(1) approved certification with no conditions or limitations; 

(2) condiUonal cerfification for a limited period of Ume. A condiUonal 
cerfificafion indicates that the nonpublic school or nonpublic agency has 
not met all the certificafion requirements; 

(3) suspended certificafion for a defined period of time pursuant to the 
provisions of Educafion Code Secfion 56366.4. Nonpublic schools or 
nonpublic agencies with a suspended certification cannot accept new pu- 
pils. 

(d) Any local educafion agency that contracts with a certified nonpub- 
lic school or nonpublic agency may request the Superintendent to review 
the status of the nonpublic school or nonpublic agency. Such requests 
shall be in wrifing and a copy shall be sent to the nonpublic school or non- 
public agency. 

NOTE: Authority cited: Sections 33031, 56100 and 56366(e), Education Code. 
Reference: Sections 56366.1 and 56366.4. Education Code. 

History 

1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15). 

2. Change without regulatory effect repealing section filed 12-4-95 pursuant lo 
section 100, title 1, Califomia Code of Regulations (Register 95, No. 49). 



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3. New section filed 9-1-99; operative 9-1-99 pursuant to Government Code sec- 
tion 1 1343.4(d) (Register 99, No. 36). 



§ 3068. Appeals and Waivers. 

(a) Within twenty (20) working days of receipt of notice, nonpublic 
schools or nonpublic agencies (appellant) may file a written petition (ap- 
peal), on forms provided by the Superintendent, to request a review of the 
decision to deny, suspend or revoke certification pursuant to Education 
Code Section 56366.6. 

(b) All appeals shall be mailed to the Office of Administrative Hear- 
ings. Department of General Services. 

(c) There shall be three options for appealing the denial, suspension or 
revocation of certification. The nonpublic school or nonpublic agency 
may request: 

( 1 ) a written review of the decision to deny, suspend or revoke certifi- 
cation. The Office of Administrative Hearings shall analyze the docu- 
mentation provided by the appellant and materials provided by the De- 
partment and render a decision; 

(2) a written review with an oral argument. The Office of Administra- 
tive Hearings shall analyze the documentation provided by the appellant 
and materials provided by the Department. The appellant shall also ap- 
pear before a hearing officer, on a date scheduled by the Office of Admin- 
istrative Hearings, to provide oral testimony in support of the appeal. The 
Department shall also attend the hearing and present testimony to support 
the decision to deny, suspend or revoke certification. The hearing officer 
may ask questions of either party. All testimony shall be tape-recorded; 
or 

(3) an oral hearing. The appellant shall appear before a hearing officer, 
on a date scheduled by the Office of Administrative Hearings, to provide 
oral testimony in support of the appeal. The Department shall also attend 
the hearing and present testimony to support the decision to deny, sus- 
pend or revoke certification. The hearing officer shall provide the oppor- 
tunity for both parties to review evidence, call witnesses and cross-ex- 
amine witnesses. If the appellant fails to appear at the hearing, the 
petitioner waives the right to a future hearing, unless the hearing officer 
agrees to reschedule the hearing because of extenuating circumstances. 

(d) The Office of Administrative Hearings shall issue the decision, in 
writing, simultaneously to the appellant and to the Department within 
thirty (30) working days after receipt of all materials and evidence. This 
shall be the final administrative decision. 

(e) Local education agencies and nonpublic schools and agencies may 
request the Superintendent to waive Education Code sections 56365, 
56366, 56366.3, 56366.6 and 56366.7. Such petitions shall be made in 
accordance with the provisions of Education Code section 56366.2 and 
shall be necessary in order to provide services to individuals with excep- 
tional needs consistent with their individualized education program. 
NOTE; Authority cited: Sections 33031, 56100 and 56366(e), Education Code. 
Reference: Sections 56101, 56366.2 and 56366.6. 

History 
1 . Renumbering of former section 3068 to section 3069 and new section 3068 filed 
9-1-99; operative 9-1-99 pursuant to Government Code section 11343.4(d) 
(Register 99, No. 36). 

§ 3069. Annual Review of Individualized Education 
Program. 

Review of the pupil's individualized education program shall be con- 
ducted at least annually by the public education agency. The public 
education agency shall ensure that review schedules are specified in the 
individualized education program and contract for the pupil. An elemen- 
tary school district shall notify a high school district of all pupils placed 
in a nonpublic school or agency programs prior to the annual review of 
the individualized education program for each pupil who may transfer to 
the high school district. 

NOTE: Authority cited: Sections 56100(a), (i) and (j), Education Code; 20 U.S.C. 
1414(c)(2)(B); and 34 C.F.R. 300.600. Reference: Sections 56345, 
56365-56366.5, Education Code; and 34 C.F.R. 300.4, 300.302, 300.317, 
300.343-348 and 300.400-403. 



History 
1 . Renumbering of former section 3069 to new section 3070 and renumbering of 
former section 3068 to section 3069 filed 9-1-99; operative 9-1-99 pursuant 
to Government Code section 1 1343.4(d) (Register 99, No. 36). 

§ 3070. Graduation. 

When an individual with exceptional needs meets public education 
agency requirements for completion of prescribed course of study and 
adopted differenfial proficiency standards as designated in the pupil's in- 
dividualized educafion program, the public education agency which de- 
veloped the individualized education program shall award the diploma. 

NOTE: Authority cited: Sections 56100(a), (i) and 0)- Education Code; 20 U.S.C. 

1414(c)(2)(B); and 34 C.F.R. 300.600. Reference: Sections 56345. 

56365-56366.5. Education Code; and 34 C.F.R. 300.4, 300.302, 300.317, 

300.343-348 and 300.400-403. 

History 

1 . Renumbeiing of former secdon 3069 to new section 3070 filed 9-1-99; opera- 
tive 9-1-99 pursuant to Government Code section 1 1 343.4(d) (Register 99, No. 
36). 



Article 7. Procedural Safeguards 

§ 3080. General Provisions. 

(a) Sections 4600 through 4671 apply to the filing of a complaint, in 
accordance with provisions of Title 34, Code of Federal Regulations. 
Section 76.780-783. regarding a public agency's alleged violation of 
federal or state law or regulation relating to the provision of a free appro- 
priate public education. 

(b) Section 3082 applies to due process hearing procedures which the 
resolution of disagreements between a parent and a public agency regard- 
ing the proposal, or refusal of a public agency to initiate or change the 
identification, assessment, or educational placement of the pupil or the 
provision of a free appropriate public education to the pupil. 

NOTE: Authority cited: Sections 56100(a) and (j), Education Code. Reference: 
Sections 56500.1 and 56500.2, Education Code; and 34 CFR 76.780-783. 

History 

1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15). 

2. Amendment of subsection (a) filed 8-26-91; operative 9-25-91 (Register 92, 
No. 3). 

3. Editorial correcfion deleting duplicate heading (Register 95, No. 9). 

§ 3081 . Complaint Procedures. 

NOTE: Authority cited: Sections 56100(a) and (j), Education Code. Reference: 
Sections 56500.1 and 56500.2, Education Code; and 34 CFR 76.780-783. 

History 

1. Renumbering and amendment of former section 3081 to section 3082, and re- 
numbering and amendment of section 3080(a)(l)-(n) to section 3081 filed 
3-21-88; operative 4-20-88 (Register 88, No. 1 5). For prior history, see Regis- 
ters 86, No. 21 ; 82, No. 18; and 82, No. 6. 

2. Repealer filed 8-26^91; operative 9-25-91 (Register 92, No. 3). 

§ 3082. Due Process Hearing Procedures. 

(a) A parent or public education agency may initiate a hearing pursuant 
to Education Code Sections 56500 through 56507 and Title 34, Code of 
Federal Regulations, Sections 300.56 through 300.5 1 4 on any of the mat- 
ters described in Education Code Section 56501. The hearing shall be 
conducted by a hearing officer knowledgeable in administrative hearings 
and under contract with the State Department of Educafion. 

(b) The hearings conducted pursuant to this secfion shall not be con- 
ducted according to the technical rules of evidence and those related to 
witnesses. Any relevant evidence shall be admitted if it is the sort of evi- 
dence on which responsible persons are accustomed to rely in the conduct 
of serious affairs, regardless of the existence of any common law or statu- 
tory rule which might make improper the admission of such evidence 
over objecfion in civil actions. Hearsay evidence may be used for the pur- 
pose of supplementing or explaining other evidence but shall not be suffi- 
cient in itself to support a finding unless it would be admissible over ob- 
jecfion in civil actions. All tesfimony shall be under oath or affirmation 
which the hearing officer is empowered to administer. 

(c) In addition to the rights afforded both parties to the hearing pur- 
suant to Educafion Code Secdons 56500-56507 and Title 34, Code of 



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• 



Federal Regulations, Section 300.5 14. the parties shall also have the fol- 
lowing rights: 

(1) To call witnesses, including adverse witnesses, and to cross ex- 
amine witnesses for the other party. 

(2) To compel the attendance of witnesses. The hearing officer shall 
have the right to issue Subpoenas (order to appear and give testimony) 
and Subpoenas Duces Tecum (order to produce document(s) or paper(s) 
upon a showing of reasonable necessity by a party). 

(?<) Absent compelling circumstances to the contrary, and upon motion 
to the hearing officer to have witnesses excluded from the hearing. 

(d) Hearings .shall be conducted in the English language; when the pri- 
mary language of a party to a hearing is other than English, or other mode 
of communication, an interpreter shall be provided who is competent as 
determined by the hearing officer. Cost for an interpreter shall be borne 
by the State Department of Education. Interpreters shall take an oath to 
interpret fully and accurately. 

(e) If either the school district or the parents have an attorney present 
as an observer, the attorney may watch the proceedings to advise his 
party at a later date, but the attorney may not present oral argument, writ- 
ten argument or evidence, or consult any manner in or out of the room, 
during the process hearing. 

(0 Notwithstanding Government Code section 1 1425.10(a)(3) of the 
Administrative Procedure Act. special education due process hearings 
arc open/closed to the public at the discretion of the parent. 

(g) Notwithstanding Government Code section 1 1440.30 of the Ad- 
ministrative Procedure Act. the hearing officer may conduct all or part 
of a hearing by telephone, television, or other electronic means if each 
participant in the hearing has an opportunity to participate in and to hear 
the entire proceeding while it is taking place and to observe exhibits. 
Note. Authority cited: Sections 56100(a) and (j) and 56503, Education Code. 
Reference: Sections 56500-56507. Education Code; Sections 11425.10 and 
1 1440.30. Government Code; Sections 1415(b)(2) and (c), U.S. Code. Title 20; 
and Sections 300.506-.300.513, Code of Federal Regulations, Title 34. 

History 

1 . New section filed 12-21-81 as an emergency; effective upon filing (Register 
82, No. 6). A Certificate of Compliance must be transmitted to OAL within J 20 
days or emergency language will be repealed on 4-20-82. 

2. Certificate of Compliance transmitted to OAL 12-1 1-81 and filed 4-29-82 
(Regi-ster 82, No. 18). 3. Renumbering and amendment of Section 3081 to Sec- 
tion 3082 filed 3-21-88; operative 4-20-88 (Register 88, No. 15). 

3. Amendment of subsection (d), new subsections (f) and (g) and amendment of 
Note filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, No. 26). 
A Certificate of Compliance must be transmitted to OAL by 10-2 1 -97 or emer- 
gency language will be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 6-23-97 order, including amendment of Note. 
transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49). 



§ 3083. Service Notice. 

Notwithstanding Government Code section 1 1440.20of the Adminis- 
trative Procedures Act. service of notice, motions, or other writings per- 
taining to special education due process hearing procedures to the Cali- 
fornia Special Education Hearing Office and any other person or entity 
are subject to the following provisions: 

(a) The notice, motion, or writing shall be delivered personally or sent 
by mail or other means to the Hearing Office, person, or entity at their last 
known address and, if the person or entity is a party with an attorney or 
other authorized representative of record in the proceeding, to the party's 
attorney or other authorized representative. 

(b) Unless a provision specifies the form of mail, service or notice by 
mail may be by first-class mail, registered mail, or certified mail, by mail 
delivery service, by facsimile transmission if complete and without error, 
or by other electronic means as provided by regulation, in the discretion 
of the sender. 

(c) Service must be made by a method that ensures receipt by all parties 

and the Hearing Office in a comparable and timely manner. 

NOTE: Authority cited: Sections 56100(a) and (j) and 56505, Education Code. 
Reference: Sections 56500-56507, Education Code; Section 1 1440.20, Govem- 



menl Code: Sections 1415(b)(2) and (c). U.S. Code. Title 20; and Sections 
300.506-300.513, Code of Federal Regulations, Title 34. 

History 

1 . New section filed 6-23-97 as an emergency: operative 6-2.3-97 (Register 97, 
No. 26). A Certificate of Compliance mu.st be transmitted to OAL by 1 0-2 1-97 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to 6-23-97 order, including removal of subsection 
designator from first paragraph and redesignation of former subsections 
(a)(lHa)(3) as subsections (a)-(c), amendment of newly designated subsec- 
tion (b). and amendment of NoTi-, transmitted to OAL 10-20-97 and filed 
12-4-97 (Register 97. No. 49). 



§ 3084. Ex Parte Communications. 

(a) Notwithstanding Government Code sections 11425.10(a)(8). 
11430.20, and 1 1430.30of the Cahfomia Administrative Procedure Act. 
while special education due process hearing proceedings are pending, 
there shall be no communication, direct or indirect, regarding any issue 
in the proceeding, to a hearing officer from an employee or representati ve 
of a party or from an interested person unless the communication is made 
on the record at the hearing. 

(b) A proceeding is pending from the date of receipt by the California 
Special Education Hearing Office of the request for hearing. 

(c) If a hearing officer receives a communication in violation of this 
section, the hearing officer shall disclose the content of the communica- 
tion on the record and give the parties an opportunity to address the mat- 
ter if so requested within 10 days of receipt of notification of the commu- 
nication. 

( 1 ) The hearing officer has discretion to allow the party to present evi- 
dence concerning the subject of the communication. 

(2) The hearing officer has discretion to reopen a hearing that has been 
concluded. 

(d) If a hearing officer receives a communication in violation of this 
section, the hearing officer shall make all of the following a part of the 
record in the proceeding: 

(1) If the communication is written, the writing and any written re- 
sponse of the hearing officer. 

(2) If the communication is oral, a memorandum stating the substance 
of the communication, any response made by the hearing officer, and the 
identity of each person from whom the hearing officer received the com- 
munication. 

(e) The hearing officer shall notify all parties that the communication 
has been made a part of the record. 

(f) Receipt by the hearing officer of a communication in violation of 
this section may be grounds for disqualification of the hearing officer. If 
the hearing officer is disqualified, the porfion of the record pertaining to 
the ex parte communication may be sealed by order of the disqualified 
hearing officer. 

NOTE: Authority cited: Sections 56100(a) and (j) and 56505, Education Code. 
Reference: Sections 56500-56507, Education Code; Sections 11425.10. 
11430.10-11430.30, 11430.50 and 11430.60, Government Code; Sections 
1415(b)(2) and (c), U.S. Code, Title 20; and Sections 300.506-300.513. Code of 
Federal Regulations, Title 34. 

History 

1. New section filed 6-23-97 as an emergency: operative 6-23-97 (Register 97, 
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 0-2 1 -97 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to 6-23-97 order, including amendment of subsec- 
tions (a) and (f) and amendment of Notf., transmitted to OAL 10-20-97 and 
filed 12-1-97 (Register 97, No. 49). 

§ 3085. Precedent Decisions. 

Notwithstanding Government Code secuon 1 1425. 10(a)(7) of the Ad- 
ministraUve Procedure Act, orders and decisions rendered in special edu- 
cation due process hearing proceedings may be cited as persuasive but 
not binding authority by parties and hearing officers in subsequent pro- 
ceedings. 

NOTE: Authority cited: Sections 36100(a) and (j) and 36503, Eiducation Code. 
Reference: Sections 56500-56507, Education Code; Section 1 1425.10, Govern- 



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meiit Code; Sections 1415(b)(2) and (c), U.S. Code. Title 20; and Sections 
.'^00.506-.300.513, Code of Federal Regulations, Title 34. 

History 

1. New section filed 6-23-97 as an einergency; operative 6-23-97 (Register 97, 
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to 6-23-97 order, includina amendment of Noth, 
transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49). 

§ 3086. Mediation. 

(a) Government Code section 1 1420. 10 of the Administrative Proce- 
dure Act does not apply to special education due process hearing proce- 
dures because Education Code sections 56500-56507 provide for medi- 
ation. 

(b) Notwithstanding any other provision of law. a communication 
made in mediation is protected to the following extent: 

(1) Anything said, any admission made, and any document prepared 
in the course of, or pursuant to, mediation under this article is a confiden- 
tial communication, and a party to the mediation has a privilege to refuse 
to disclose and to prevent another from disclosing the communication, 
whether in an adjudicative proceeding, civil action, or other proceeding. 
This subdivision does not limit the admissibility of evidence if all parties 
to the proceedings consent. 

(2) No reference to mediation proceedings, the evidence produced, or 
any other aspect of the mediation may be made in an adjudicative pro- 
ceeding or civil action, whether as affirmative evidence, by way of im- 
peachment, or for any other purpose. 

(3) No mediator or interpreter or other participants are competent to 
testify in a subsequent administrative or civil proceeding as to any state- 
ment, conduct, decision, or order occurring at, or in conjunction with, the 
mediation. 

(c) Evidence otherwise admissible outside of mediation under this sec- 
tion is not inadmissible or protected from disclosure solely by reason of 
its introduction or use in mediation under this section. 

(d) Interim and final agreements in writing that result from mediation 
are admissible for purposes of enforcement unless the written agreement 
specifies otherwise. 

NOTE: Authority cited: Sections 56100(a) and (J) and 56505, Education Code. 
Reference: Sections 56500-56507, Education Code; Section 11420.10, Govern- 
ment Code; Sections 1415(b)(2) and (c), U.S. Code, Title 20; and Sections 
300.506-300.513, Code of Federal Regulations, Title 34. 

History 

1. New section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, 
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to 6-23-97 order, including amendment of subsec- 
tion (c) and Note, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 
97, No. 49). 

§ 3087. Decision by Settlement. 

Notwithstanding Government Code section 1141 5 .60 of the Adminis- 
trative Procedure Act, a decision by settlement may be issued on terms 
the parties determine are appropriate so long as the agreed-upon terms 
are not contrary to the law. 

NOTE: Authority cited: Sections 56100(a) and (j) and 56505, Education Code. 
Reference: Sections 56500-56507, Education Code; Section 11415.60, Govern- 
ment Code; Sections 1415(b)(2) and (c), U.S. Code, Title 20; and Sections 
300.506-300.513, Code of Federal Regulations, Title 34. 

History 

1. New section filed 6-23-97 as an emergency; operafive 6-23-97 (Register 97, 
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to 6-23-97 order, including amendment of Note, 
tran.smjtted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 49). 

§ 3088. Sanctions. 

(a) Provisions for contempt sanctions, order to show cause, and ex- 
penses contained in Government Code sections 11455.10-11455.30 of 
the Administrative Procedure Act apply to special education due process 
hearing procedures except as modified by (b) through (e) of this secfion. 



(b) Only the presiding hearing officers may initiate contempt sanc- 
tions and/or place expenses at issue. 

(c) Prior to initiating contempt sancfions with the court, the presiding 
hearing officer shall obtain approval from the General Counsel of the 
California Department of Education. 

(d) The failure to initiate contempt sancfions and/or impose expenses 
is not appealable. 

(e) The presiding hearing officer may, with approval from the General 
Counsel of the California Department of Educafion, order a party, the 
party's attorney or other authorized representative, or both, to pay rea- 
sonable expenses, including costs of personnel, to the California Special 
Education Hearing Office for the reasons set forth in Government Code 
secfion 11455.30(a). 

NOTE: Authority cited: Sections 56100(a) and (j) and 56505. Education Code. 
Reference: Sections 56500-56507, Education Code; Sections 
1 1455.10-1 1455.30. Govemment Code; Sections 1415(b)(2) and (c), U.S. Code, 
Title 20; and Sections 300.506-300.513. Code of Federal Regulations, Title 34. 

History 

1 . New section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, 
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to 6-23-97 order, including amendment of subsec- 
tions (a), (b) and (c) and amendment of Note, transmitted to OAL 1 0-20-97 and 
filed 12-4-97 (Register 97, No. 49). 

§ 3088.1 . Sanctions: Withholding Funds to Enforce Special 
Education Compliance. 

(a) When a district, special education local plan area, or county office 
of education fails to comply substanfially with a provision of law regard- 
ing special education and related services, the superintendent may with- 
hold funds allocated to such local agency under Chapter 7.2 (commenc- 
ing with Section 56836) of Part 30 of the Education Code and the 
Individuals with Disabilifies Educafion Act (20 U.S.C. 1400 et seq.). 
Such noncompliance may result from failure of the local agency to sub- 
stantially comply with corrective action orders issued by the Department 
of Educafion in monitoring findings or complaint invesfigation reports. 
"Substanfial noncompfiance" means an incident of significant failure to 
provide a child with a disability with a free appropriate public education, 
an act which results in the loss of an educafional opportunity to the child 
or interferes with the opportunity of the parents or guardians of the pupil 
to participate in the formulation of the individual educafion program, a 
history of chronic noncompliance in a particular area, or a systemic 
agency-wide problem of noncompliance. 

(b) Prior to withholding funds, the department shall provide written 
nofice to the local educafional agency, by certified mail, of the noncom- 
pliance findings that are the basis of the Department's intent to withhold 
funds. The notice shall also inform the local agency of the opportunity 
to request a hearing to contest the findings and the proposed withholding 
of funds. 

(c) The notice shall include the following information: 

( 1 ) The specific past and existing noncompliance that is the basis of 
the withholding of funds. 

(2) Tlie efforts that have been made by the Department to verify that 
ail required correcfive actions have been taken. 

(3) The specific actions that must be taken by the local educational 
agency to bring it into compliance by an exact date to avoid the withhold- 
ing of funds. 

(d) The local educational agency shall have 30 calendar days from the 
date of the notice to make a written request for a hearing. The department 
shall schedule a hearing within 30 days of receipt of a request for hearing, 
and nofify the local agency of the fime and place for hearing. A hearing 
officer with experience in special educafion and with administrafive 
hearing procedures shall be assigned by the department to conduct the 
hearing and make an audio recording of the proceeding. The hearing offi- 
cer may grant continuances of the date for hearing for good cause. 

(e) The local education agency shall have the opportunity, prior to the 
hearing, to obtain all documentary evidence maintained by the Depart- 



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Title 5 



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§ 3100 



• 



• 



menrs Special Education Division that supports the findings of noncom- 
pliance at issue in the notice of intent to withhold funds. 

(f) Technical rules of evidence shall not apply to the hearing, but rele- 
vant written evidence or oral testimony may be submitted, and given pro- 
bative effect only if it is the kind of evidence upon which reasonable per- 
sons are accustomed to rely in the conduct of serious affairs. A decision 
of the hearing officer to withhold funding shall not be based solely on 
hearsay evidence but must be supported by evidence produced at the 
hearing showing substantial noncompliance with the provisions of spe- 
cial education law. Local education agencies may be represented by 
counsel and the hearings will be open to the public. 

(g) If a hearing is not requested, the Department shall withhold funds 
as stated in the notice. If a hearing is held, a written decision shall be ren- 
dered within 30 calendar days from the date the hearing is held. 
NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
56845(a). Hducafion Code. 

History 
i. New section filed 1-10-2005; operative 2-9-2005 (Register 2005. No. 2). 



§ 3088.2. Enforcement and Withholding of Funds. 

(a) The hearing officer shall determine, based on the totality of the evi- 
dence, whether a preponderance of the evidence supports the Depart- 
ment's findings of noncompliance and the determination that withhold- 
ing of funds is appropriate in the particular circumstances of the case. The 
hearing officer's decision shall be the final decision of the Department 
of Education. 

(b) If the Superintendent of Public Instruction determines, subsequent 
to withholding funds, that a local educational agency has made substan- 
tial progress toward compliance with the state law, federal law, or regula- 
tions governing the provision of special education and related services 
to individuals with exceptional needs, the superintendent may apportion 
the state or federal funds previously withheld to the local education 
agency. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
56845(b). Education Code. 

History 
1. New section filed 1-10-2005; operative 2-9-2005 (Register 2005, No. 2). 



§ 3089. Partial Non-Applicability of Certain Sections of the 
Administrative Procedure Act to Special 
Education Due Process Hearing Procedures. 

Special education due process hearing procedures shall not be subject 
to the following provisions of the Administrative Procedure Act: Gov- 
ernment Code sections 11 41 5.60 (Decision by settlement); 11 420. 10 and 
1 1420.30 (Referral of proceedings); 1 1425.10 (Governing procedures); 
1 1440. 10 (Authority of agency head following decision); 1 1440.20 (Ser- 
vice notice); 11440.30(b) (Conduct of hearing by electronic means); 
1 1445.10-1 1445.60 (Informal hearing); 1 1450.05-11450.30 (Subpoe- 
nas); 11460.10-11460.70 (Emergency decision); 11465.10-11465.60 
(Declaratory decisions); and 11470.10-11470.50 (Conversion of pro- 
ceeding). 

Note; Authority cited: Sections 56100(a) and (j) and 56505, Education Code. 
Reference: Sections 56500-56507. Education Code: Sections 11415.60, 
11420.10. 11420.30, 11425.10, 11440.10-11440.30, 11445.10-11445.60, 
11450.05-11450.30, 11460.10-11460.70, 11465.10-11465.60 and 
1 1470. 10-1 1470.50, Government Code; Sections 1415(b)(2) and (c), U.S. Code, 
Title 20; and Sections 300.506-.300.513, Code of Federal Regulations, Title 34. 

History 

1. New section filed 6-23-97 as an emergency; operative 6-23-97 (Register 97, 
No. 26). A Certificate of Compliance must be transmitted to OAL by 10-21-97 
or emergency language will be repealed by operation of law on the following 
day. 

2. Certificate of Compliance as to 6-23-97 order, including amendment of section 
and Note, transmitted to OAL 10-20-97 and filed 12-4-97 (Register 97, No. 
49). 



Article 8. State Board of Education Waivers 



§ 3100. Resource Specialist Caseload Waivers. 

(a) A school district, special education local plan area, county office 
of education, or any other public agency providing special education or 
related services may request the State Board of Education to grant a waiv- 
er of the maximum resource specialist ca.seload, as .set forth in Education 
Code secfion 56362(c). only if the waiver is necessary or beneficial either 
(1 ) to the content and implementation of a pupil's individualized educa- 
tion program and does not abrogate any right provided individuals with 
exceptional needs by specified federal law or (2) to the agency's com- 
pliance with specified federal law. 

(b) The State Board of Education shall grant any waiver request sub- 
mitted in accordance with Subdivision (a) only: 

(1 ) when the facts indicate that failure to do so would hinder either 

(A) implementation of a pupil's individualized education program or 

(B) compliance by the requesting agency with specified federal law; 
and 

(2) when the waiver request meets all of the conditions set forth in Sub- 
divisions (c) and (d). 

(c) A request to waive the maximum resource specialist caseload shall 
be "necessary or beneficial" within the meaning of Subdivision (a) and 
Educafion Code section 56101 only if all of the following conditions are 
met. 

( 1 ) The waiver' s effective period does not exceed one past school year 
and/or the school year in which it is submitted. 

(2) The number of students to be served by an affected resource spe- 
cialist utider the waiver does not exceed the maximum statutory caseload 
of 28 students by more than four students. 

(3) The waiver does not result in the same resource specialist having 
a caseload in excess of the statutory maximum for more than two school 
years. 

(d) For the purposes of Subdivision (b), a request to waive the maxi- 
mum resource specialist caseload shall not "hinder" either ( 1 ) imple- 
mentation of a pupil's individualized educafion program or (2) com- 
pliance by the requesfing agency with specified federal law if all of the 
following conditions are met: 

( 1 ) The requesting agency demonstrates to the satisfaction of the State 
Board of Education (A) that the excess resource specialist caseload re- 
sults from extraordinary fiscal and/or programmatic condifions and (B) 
that the extraordinary conditions have been resolved or will be resolved 
by fime the waiver expires. 

(2) The waiver sfipulates that an affected resource specialist will have 
the assistance of an instrucfional aide at least five hours daily whenever 
that resource specialist's ca.seload exceeds the statutory maximum dur- 
ing the waiver's effecUve period. 

(3) The waiver confirms that the students served by an affected re- 
source specialist will receive all of the services called for in their individ- 
ualized education programs. 

(4) The waiver was agreed to by any affected resource specialist, and 
the bargaining unit, if any. to which the resource specialist belongs par- 
ticipated in the waiver's development. 

(5) The waiver demonstrates to the safisfaction of the State Board of 
Education that the excess caseload can be reasonably managed by an af- 
fected resource specialist in particular relation to (A) the resource spe- 
cialist's pupil contact time and other assigned duties and (B) the pro- 
grammadc conditions faced by the resource specialist, including, but not 
limited to, student age level, age span, and the behavioral characteristics; 
number of curriculum levels taught at any one time or any given session; 
and intensity of student instructional needs. 

Note: Authority cited: Sections 33031 and 56100(a), Education Code. Refer- 
ence: Sections 56101 and 56362(c), Education Code. 



[The next page is 71.] 

Page 70.1 



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Title 5 



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§3824 



• 



History 
I . New article 8 (section 3100) and section filed 3-2-99; operative 4-1-99 (Regis- 
ter 99, No. 50). 



• 



• 



Chapter 3.5. Joint Regulations for 
Handicapped Children 



Subchapter 1. Interagency Responsibilities 

for Providing Services to Handicapped 

Children 

§ 3300. Joint Regulations for Handicapped Children. 

CROSS-REFERENCE: See Title 2, Division 9, Chapter 1, Articles 
1-9, Sections 60000-60610. not consecutive. 

History 

1. New Division 3.5 (Chapter 1, Section 3300) printed as cross — reference only 
(Register86, No. 21). 



Chapter 4. Gifted and Talented Pupil 
Program 



Subchapter 1. General Provisions 

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: 
Section 52200, Education Code. 

History 

1 . Repealer of Division 4 (Chapters 1 -4. Sections 300-386 1 , not consecutive) and 
new Division 4 (Chapters 1-6, Sections 3800-3870, not consecutive) filed 
3-2 1 -80; effective thirtieth day thereafter ( Register 80, No. 12). For prior histo- 
ry, see Registers 69, Nos. 25 and 51; 71, Nos. 51; 72, No. 21; 77, Nos. 39 and 
48. 

2. Repealer of Chapter 1 (Section 3800) filed 4-13-83; effective thirtieth day 
thereafter (Register 83, No. 16). 



Subchapter 2. Eligibility 

NOTE: Authority cited: Sections 33031 and 52203, Education Code. Reference: 
Section 52200, Education Code. 

History 
1. Repealer of Chapter 2 (Section 3810) filed 4-13-83; effective thirtieth day 
thereafter (Register 83, No. 16). 



Subchapter 3. Standards Used for 
Identification of Gifted and Talented Pupils 

§ 3820. Method of Identification. 

The school district shall have the responsibility for the development 
of a method for the identification of pupils as gifted and talented. The 
method of identification shall be included in the application and shall 
conform to these general principles: 

(a) Standards shall ensure the identification of pupils who possess a ca- 
pacity for excellence far beyond that of their chronological peers. 

(b) Methods shall be designed to seek out and identify those pupils 
whose extraordinary capacities require special services and programs. 

(c) Provision shall be made for examining a pupil's range of capacities. 

(d) Methods and techniques of identification shall generate informa- 
tion as to a pupil's capacities and needs. 

(e) There shall be equal opportunity to be identified in the categories 
served. 

(f) Methods shall be designed to seek out and identify gifted and tal- 
ented pupils from varying linguistic, economic, and cultural back- 
grounds. 

NOTE: Authority cited: Sections 33031 and 52203, Education Code. Reference: 
Section 52202, Education Code. 



History 
1. Amendment filed 4-13-83; effective thirtieth day thereafter (Register 83. No. 
16). 

§ 3821 . Responsibility for Identification. 

Note: Authority cited: Sections 33031 and 52203. Education Code. Reference: 
Section 52200, Education Code. 

History 
1 . Repealer filed 4-13-83; effective thirtieth day thereafter (Register 83. No. 16). 

§ 3822. Categories for Identification. 

Each district shall use one or more of these categories in identifying 
pupils as gifted and talented. In all categories, identification of a pupil's 
extraordinary capability shall be in relation to the pupil's chronological 
peers. 

(a) Intellectual Ability: A pupil demonstrates extraordinary or poten- 
tial for extraordinary intellectual development. 

(b) Creative Ability: A pupil characteristically: 

(1) Perceives unusual relationships among aspects of the pupil's envi- 
ronment and among ideas; 

(2) Overcomes obstacles to thinking and doing; 

(3) Produces unique solutions to problems. 

(c) Specific Academic Ability: A pupil functions at highly advanced 
academic levels in particular subject areas. 

(d) Leadership Ability: A pupil displays the characteristic behaviors 
necessary for extraordinary leadership. 

(e) High Achievement: A pupil consistently produces advanced ideas 
and products and/or attains exceptionally high scores on achievement 
tests. 

(0 Visual and Performing Arts Talent: A pupil originates, performs, 
produces, or responds at extraordinarily high levels in the arts. 

(g) Any other category which meets the standards set forth in these reg- 
ulations. 

NOTE: Authority cited: Sections 33031 and 52203, Education Code. Reference: 
Section 52202, Education Code. 

History 

1 . Amendment of NOTE filed 4-1 3-83: effective thirtieth day thereafter ( Register 
83, No. 16). 

§ 3823. Evidence for Identification. 

Prior to identification, pertinent evidence as to a pupil's capacity for 
excellence far beyond that of chronological peers shall be compiled. 

(a) Appropriate data to be collected by the school district may include: 
school, class, and individual pupil records; individual tests (including 
summary and evaluation by credentialed school psychologist); group 
tests; interviews and questionnaires (teacher, parent, and others). The 
range of data shall be broad enough to reveal gifts and talents across cul- 
tural, economic, and linguistic groups. 

(b) Evidence of a pupil's capability may also be derived from pupil 
products, comments from peers, opinions of professional persons. 

(c) Studies of the factors contributing to a pupil's underachievement 
and studies of a pupil's underachievement resulting from handicapping 
or disadvantaged conditions shall be considered. 

(d) The pertinent evidence shall reflect consideration of the economic, 
hnguistic, and cultural characteristics of the pupil's background. 

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: 
Section 52203, Education Code. 

History 
1 . Amendment of NOTE filed 4-1 3-83; effective thirtieth day thereafter (Register 
83, No. 16). 

§ 3824. Identification and Placement. 

The final determination of eligibility of a pupil, as provided in Section 
3820, for gifted and talented programs shall rest with the administrative 
head of the school district or a designated employee of the district in ac- 
cordance with procedures adopted by the local governing board. 

(a) This school employee shall base a decision upon the evaluation of 
the pertinent evidence by the school principal or a designee of the school 
principal, a classroom teacher familiar with the school work of the pupil, 
and, when appropriate, a credentialed school psychologist. 



Page 71 



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§ 3830 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



(b) To determine the full range of a pupil's capability, a person recog- 
nized as an expert in the gifted and talented category under consideration, 
and/or an individual who has in-depth understanding of the pupil's lin- 
guistic or cultural group shall participate in the evaluation of the evidence 
unless there is no doubt as to the pupil's eligibility. 

(c) These individuals may review screening, identification, and place- 
ment data in serial order provided that these individuals shall meet to re- 
solve differences in assessment and recommendations. 

(d) This shall not preclude the use of an identification and placement 
committee. 

NOTE: Authority cited: Sections 3303! and 52203, Education Code. Reference: 
Section 52203(a), Education Code. 

History 
1 . Amendment of NOTE filed 4-13-83; effective thirtieth day thereafter (Register 
83, No. 16). 



Subchapter 4. Minimum Standards for 
Programs 

Article 1. General 



§ 3830. Minimum Standards for All Types of Programs. 

NOTE: Authority cited: Sections 33031 and 52203, Education Code. Reference: 
Section 52200, Education Code. 

History 
1 . Repealer filed 4-1 3-83; effective thirtieth day thereafter (Register 83, No. 1 6). 

§3831. General Standards. 

The following general standards apply to all types of gifted and tal- 
ented programs: 

(a) Unique opportunities for high-achieving and under-achieving pu- 
pils who are identified as gifted and talented shall be provided. 

(b) Districts shall make provisions for ensuring participation of pupils 
in the upper range of intellectual ability. 

(c) Districts shall make provisions for ensuring full participation of pu- 
pils from disadvantaged and varying cultural backgrounds. 

(d) The quality of existing programs for gifted and talented pupils shall 
be maintained and/or improved. 

(e) Experimentation with a variety of programmatic approaches and 
cost levels shall be encouraged. 

(f) Written consent of a parent, guardian, or other person having actual 
custody and control of the pupil shall be on file with the district prior to 
the pupil's participation in the program. 

(g) The district program shall meet the specific needs and require- 
ments, as specified in Education Code Section 52200(c), of gifted and tal- 
ented pupils. Academic components shall be included in all program of- 
ferings. 

(h) The district program shall reflect the assessed needs of its identi- 
fied pupils. 

(i) All identified gifted and talented pupils shall have an opportunity 
to participate in the gifted and talented program. 

(j) The district shall develop a written plan for the district program 
which shall be available for public inspection. The written plan shall de- 
scribe the appropriately differentiated curricula for identified gifted and 
talented pupils as well as specify the methods used to examine the appro- 
priateness of the identified pupil's total educational experience including 
articulation with other specially funded programs which serve gifted and 
talented pupils. The plan shall include: 

(1) The purposes of the program, including the general goals and spe- 
cific objectives which pupils are expected to achieve; 

(2) The rationale for the district's method of identification of gifted 
and talented pupils; 

(3) Where appropriate, procedure for the consideration of the identifi- 
cation and placement of a pupil who was identified as gifted or talented 
in the district from which the pupil transferred; 



(4) The services to be rendered and the activities to be included for pu- 
pils participating in special day classes, receiving special services, or par- 
ticipating in special activities for an amount of time as specified in Edu- 
cation Code Section 52206; 

(5) Plan for evaluating the various components of the program. Evalu- 
ation shall include an annual review of pupil progress and of the adminis- 
tration of the program; 

(6) Procedures for modifying the district gifted and talented program 
on the basis of the annual review; 

(7 ) A staff development plan based upon a needs assessment which in- 
cludes specification of requisite competencies of teachers and superviso- 
ry personnel; 

(8) Procedures for ensuring continuous parent participation in recom- 
mending policy for planning, evaluating, and implemenfing the district 
program; 

(9) A procedure to inform parents of a pupil's parficipation or nonpar- 
ticipation in the gifted and talented program; 

(10) An objective related budget. 

NOTE: Authority cited: Sections 33031 and 52203, Education Code. Reference: 
Section 52206, Education Code. 

History 

1 . Amendment of subsection (,j)(4) filed 4-1 3-83; effective thirtieth day thereafter 
(Register 83, No. 16). 



Article 2. Types of Programs 

§ 3840. Special Day Classes and Special Services or 
Activities. 

All program options shall be in compliance with applicable state and 
federal regulations. Programs may consist of: 

(a) A "Special Day Class" for gifted and talented pupils consists of one 
or more classes (as defined in Education Code Section 51016) totaling 
a minimum school day where each of the one or more classes meets the 
following requirements: 

(1) It is composed of pupils identified as gifted and talented. 

(2) It is especially designed to meet the specific academic needs of 
gifted and talented pupils for enriched or advanced instruction and is ap- 
propriately differentiated from other classes in the same subjects in the 
school. 

(3) It is taught by a teacher who has specific preparafion, experience, 
personal attributes, and competencies in the teaching of gifted children. 

(b) Part-time Grouping: Pupils attend classes as defined in Education 
Code Section 51016 or seminars which are organized to provide ad- 
vanced or enriched subject matter for a part of the school day. These 
classes are composed of identified gifted and talented pupils. 

(c) Enrichment Activities: Pupils remain in their regular classrooms 
but participate in supplemental educational acfivities planned to augment 
their regular educational programs. In these supplemental educational 
acfivities, the pupils use advanced materials and/or receive special op- 
portunifies from persons other than the regular classroom teacher. 

(d) Cluster Grouping: Pupils are grouped within a regular classroom 
setting and receive appropriately differentiated activities from the regu- 
lar classroom teacher. 

(e) Independent Study: Pupils are provided with additional instruc- 
tional opportunities through either special tutors or mentors, or through 
enrollment in correspondence courses specified in Education Code Sec- 
tion 51740 and Section 1633 of this fitle. These opportunities shall be su- 
pervised by a certificated person employed by the pupil's school district. 

(f) Acceleration: Pupils are placed in grades or classes more advanced 
than those of their chronological age group and receive special counsel- 
ing and/or instruction outside of the regular classroom in order to facili- 
tate their advanced work. 

(g) Postsecondary Education Opportunities: High school pupils for a 
part of the day attend classes conducted by college or community college 
or participate in College Entrance Examination Board Advanced Place- 
ment programs. When needed, the high school shall provide books and 
supplies. 



Page 72 



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Title 5 



California Department of Education 



§ 3900 



(li) Services for Underachieving Gifted and Talented Pupils: Pupils re- 
ceive services designed to assist them in developing basic skills needed 
to overcome, as soon as possible, their underachievement and to enable 
them to achieve in their academic classes at levels commensurate with 
their individual abilities. This shall not preclude their participation in oth- 
er program options. 

(i) Services lor Linguistically Diverse. Culturally Divergent and/or 
Economically Disadvantaged Gifted and Talented Pupils: Pupils receive 
serviees designed to assist them to develop their potential to achieve at 
the high levels commensurate with their abilities. This shall not preclude 
their participation in other program options. 

(j) Other: Pupils participate regularly, on a planned basis, in a special 
counseling or instructional activity or seminars carried on during or out- 
side of the regular school day for the purpose of benefiting from addition- 
al educational opportunities not provided in the regular classroom in 
which the pupils are enrolled. 

(k) Other services or activities approved 90 days in advance by the Su- 
perintendent of Public Instruction. 

NOTE; Authority cited: Sections 33031 and 52203. Education Code. Reference: 
Section 52206. Education Code. 

History 
1. Amendment of subsections (a)(3) and (i) filed 4-13-83; effective thirtieth day 

thereafter (Register 83, No. 16). 

§ 3841 , Contracting for Programs. 

NOTE; Authority cited: Sections 33031 and 52203, Education Code. Reference: 
Section 52200, Education Code. 

History 
1 . Repealer filed 4-13-83; effective thirtieth day thereafter (Register 83, No. 16). 



Article 3. Length of Program 

§ 3850. Length of Program. 

NOTE; Authority cited: Sections 33031 and 52203, Education Code. Reference: 
Section 52200, Education Code. 

History 
1 . Repealer of Article 3 (Section 3850) filed 4-13-83; effective thirtieth day there- 
after (Register 83, No. 16). 



Subchapter 5. Approval of Programs 

§ 3860. Approval of Programs. 

School districts shall file applications with the Superintendent of Pub- 
lic Instruction by June 15 of the preceding school year for prior approval 
of proposed programs for the next school year. The Superintendent of 
Public Instruction shall submit to the State Board of Education for final 
approval a list of tentatively approved agencies. 

(a) The application shall be accompanied by the written plan for the 
program described in Section 383 1 (j) and shall explain how the program 
will be appropriately differentiated from the regular school program of 
the district and how it will meet the specific academic needs of the partici- 
pating gifted and talented pupils. 

(b) Approval shall be based upon evidence of compliance with the 
general standards set forth in Section 3831. 

(c) Approval shall be for a period to be determined by the Superinten- 
dent of Public Instruction but not to exceed three years with specific pro- 
grammatic data to be submitted annually. Approval of programs may be 
renewed upon submission of an application form and written evaluation 
of the district's or county's gifted and talented program in accordance 
with Section 383 l(j). 

NOTE; Authority cited: Sections 33031 and 52203, Education Code. Reference: 
Section 52204, Education Code. 

History 
1. Amendment of subsection (b) filed 4-13-83; effective thirtieth day thereafter 
(Register 83, No. 16). 



Subchapter 6. Indirect Cost Expenditures 

§ 3870. Indirect Cost Expenditures. 

The approved indirect cost rate or 3 percent of the state apportionment 
for the district's gifted and talented program, whichever is the lesser, 
shall be the maximum amount allowable as indirect costs funded through 
gifted and talented program monies. 

NOTE; Authority cited: Sections 33031 and 52203. Education Code. Reterence: 
Section 52203(c), Education Code. 

H/STORY 
1 . Amendment of NOTE filed 4-1 3-83; effective thirtieth day thereafter ( Reuister 

83, No. 16). 



Chapter 5. Consolidated Categorical Aid 
Programs 

Subchapter 1 . General Provisions 

Article 1. Scope of the Chapter 

§ 3900. Scope of the Chapter. 

The provisions of this chapter apply to applications for funds under the 
following statutes and programs: 

(a) Special Elementary School Reading Instruction Program (Educa- 
tion Code former Sections 54100-54145 and Sections 62000-62002.5). 

(b) School Improvement Programs (Education Code former Sections 
52000-52049 and Sections 62000-62002.5). 

(c) Compensatory Programs under Title I of the Elementary and Sec- 
ondary Education Act of 1965, Helping Disadvantaged Children Meet 
High Standards. Parts A through F, as amended by the Improving Ameri- 
ca's Schools Act of 1994, Public Law 103-382; (Education Code Sec- 
tions 54400-54465 except Programs for Migrant Children under Educa- 
tion Code Sections 54440-54445). 

(d) Educationally Disadvantaged Youth Programs (Education Code 
Sections 54000-54008 and former Sections 54020-54033). 

(e) Safe and Drug Free Schools and Communities (Title IV of the Ele- 
mentary and Secondary Education Act of 1965 as amended by the Im- 
proving America's Schools Act of 1994, Public Law 103-382). 

(f) Innovative Education Program Strategies (Title VI of the Elemen- 
tary and Secondary Education Act of 1965 as amended by the Improving 
America's Schools Act of 1994, Public Law 103-382). 

(g) The Chacon-Moscone Bilingual-Bicultural Education Act of 
1976 (Education Code, former Sections 52160-52178 and Sections 
62000-62002.5). 

(h) Local Staff Development Programs (Education Code Sections 
44670-44671.5). 

(i) Dwight D. Eisenhower Professional Staff Development Program 
(Title II of the Elementary and Secondary Education Act of 1965 as 
amended by the Improving America's Schools Act of 1994, Public Law 
103-382). 

NOTE; Authority cited: Sections 18101, 33031, 54005, 54406 and 62000.2 and 
former Section 54102, Education Code. Reference: Sections 4467(MM671.5, 
54000-54008, 54400-54425, 54460-54465, 62001 and 62002 and former Sec- 
tions 52000-52049, 52160-52178, :=>4020-54033 and 54100-54145, Education 
Code; and Sections 6301 et seq.. Title 20. U.S.C. 

History 

1 . Repealer of Chapter 1 (Sections 39(X)-3948, not consecutive) and new Chapter 
1 (Sections 3900-3947, not consecutive) filed 5-17-78; effective thirtieth day 
thereafter (Register 78, No. 20). For history of former Chapter 1 , see Registers 
74, No. 52; 75, Nos. 21 and 26; 76, Nos. 40 and 43; 77, Nos. 13, 17, 22 and 39. 

2. Amendment of section and Note filed 6-23-99; operative 7-23-99 (Register 
99, No. 26). 



Page 73 



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§3920 



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Title 5 



Article 2. Administrative Procedures 

§ 3920. Application Procedure. 

Each district shall make a single application to the State Board of Edu- 
cation for approval or continuance of programs under this Chapter on 
such forms and at such times as the Superintendent of Public Instruction 
shall determine. 

§ 3921. Federal Regulations. 

For programs defined in Section 3900(c), (e). (f), and (i), appropriate 

federal regulations apply. 

NoTE: Authority cited: Section 33031, Education Code. Reference: Sections 
54000-54041, Education Code. 

History 
1 . Amendment of section and new Note filed 6-23-99; operative 7-23-99 (Regis- 
ter 99. No. 26). 

§ 3922. Waiver Procedure. 

NOTE; Authority cited: Section 33031, Education Code. Reference: Sections 
54000-54041, Education Code. 

History 
1 . Repealer of section and new Note filed 6-23-99; operative 7-23-99 (Register 
99, No. 26). 

§ 3923. Complaint Procedure. 

NOTE: Authority cited: Section 33031, Education Code; P.L. 95-561, Section 
168. Reference: P.L. 95-561, Section 128. 

History 
1 . Repealer filed 1 0-16-80; effective thirtieth day thereafter (Register 80, No. 42j. 



Article 3. Program Requirements 

§ 3930. Comprehensive Plan. 

Each school receiving consolidated application funds as defined in 
Section 3900(b), (c), (d), (h), and (i), shall develop a comprehensive pro- 
gram plan for students who will receive additional services from these 
funds. Each plan shall be based on an assessment of school capability to 
meet the educational needs of each pupil, specify objectives, and indicate 
steps necessary to achieve such objectives, including intended outcomes. 
This comprehensive plan shall account for all program services for par- 
ticipating students, including at least those provided by district and by 
consolidated application program funds. A school that includes the pro- 
visions of all state and federal categorical educational programs in a 
single, comprehensive plan shall be deemed to have complied with the 
planning requirements of those programs. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
64001, Education Code. 

History 

1 . Amendment filed 5-17-78; effective thirtieth day thereafter (Register 78, No. 
20). 

2. Amendment of section and Note filed 10-17-2000; operative 11-12-2000 
(Register 2000, No. 42). 

§3931. Instructional Program. 

Each school maintaining programs under this chapter shall plan and 
implement instructional programs which are responsive to the individual 
needs, strengths, interests, and learning styles of each student. Such in- 
staiction shall be designed to enable students to make continuous prog- 
ress and learn at a rate appropriate to their abilities and of sufficient quali- 
ty to promote the development of each student's maximum potential. 

§ 3932. Parent, Community, Teacher, Other School 
Personnel, and Student Involvement. 

School districts maintaining programs under this chapter shall provide 
opportunities for the involvement of parents, community representa- 
tives, classroom teachers, other school personnel, and students in sec- 
ondary schools, in the planning, implementation and evaluation of their 
consolidated application programs. Schools shall be deemed to have met 
this requirement by establishing a school site council under the provi- 
sions of Education Code sections 52852 and 52855. 



The local governing board may satisfy the requirement of Education 
Code section 52054(a) for a school-site and community team by aug- 
menting an existing school site council authorized under Education Code 
section 52852 and former Education Code section 5201 2 with at least one 
additional person not employed at the school. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
52054 and 64001 , Education Code. 

History 
1. Amendment of section and Note filed 10-17-2000; operafive 11-12-2000 
(Register 2000, No. 42). 

§ 3933. Staff Development. 

School districts maintaining programs under this chapter shall provide 
staff development for all certificated, paraprofessional, other appropriate 
classified, and volunteer personnel involved in the program to assure 
successful implementation of the program. Staff development activities 
must be related to the unmet needs for staff as identified in the needs 
assessment. 

The district shall provide for joint participation of certificated, para- 
professional. other appropriate classified, and volunteer personnel in 
staff development activities. Attendance and participation in staff devel- 
opment activities shall be encouraged through appropriate announce- 
ments to meinbers of district and school advisory committees and 
school-site councils. 

§ 3934. Isolation and Segregation of Pupils. 

(a) No program utilizing consolidated application funds shall sanc- 
tion, perpetuate or promote the segregation of students on the basis of 
race, ethnicity, religion, sex, or socio-economic status. 

(b) No program utilizing consolidated applicafion funds shall: 

(1) Create special tracks for the educationally disadvantaged; 

(2) Establish adjustment, pregrade, or junior grade classes for the edu- 
cafionally disadvantaged; or 

(3) Physically isolate children from their classmates on a scheduled 
daily basis, except in the following instances: 

(A) At the elementary level, children who are assigned to a regular 
classroom teacher responsible for their instructional program may be 
moved temporarily to a physical location other than the regular clas- 
sroom, provided that such assignment is based on a comprehensive diag- 
nosfic assessment of student needs until the diagnosed need has been al- 
leviated. Such an alternate physical location includes, but is not limited 
to, a reading laboratory, a mathematics laboratory, a bilingual-bicultural 
learning center, an intergroup education learning center, a diagnostic 
clinic, or similar faciliUes where the specific needs of the student may 
best be served. 

(B) At the secondary level, students may be assigned to a special class 
for one or more periods or their equivalent, provided that such assign- 
ment is based on a comprehensive diagnosfic assessment of student 
needs and such assignment will terminate when the diagnosed need has 
been alleviated. 

§ 3935. Multicultural Education. 

NOTE: Authority cited: Sections 33031 , 54005 and 62000.2, Education Code. Ref- 
erence: Sections 54000-54041, 62001 and 62002, Education Code. 

History 
1. Change without regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to section 1 00, title 1, California Code of Regulations (Regis- 
ter 99, No. 26). 

§ 3936. Bilingual-Bicultural Education. 

NOTE: Authority cited: Sections 3303 1 , 54005 and 62000.2, Education Code. Ref- 
erence: Sections 54000-54041, 62001 and 62002, Education Code. 

History 
1. Change without regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to section 100, title 1, California Code of Regulations (Regis- 
ter 99, No. 26). 

§ 3937. Basic Skills. 

All schools participaUng in programs funded through the consolidated 
application shall provide instruction designed to ensure that participating 
students acquire the basic skills, including reading, writing, language, 
and mathemafics. 

NOTE: Authority cited: Sections 54004-54005, Education Code. Reference: Sec- 
tion 54000, Education Code. 



• 



• 



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Title 5 



California Department of Education 



§ 3947 



I. New section tiled 9-3 

Ml). 



HtsroRY 
-79; elTective thirtieth day thereafter (Register 79. No. 



• 



Article 4. Fiscal Concerns 

§ 3940. Maintenance of Effort. 

Districts maintaining programs under this chapter shall assure that the 
sum of local and stale apportionment resources utilized in programs for 
participating students has not been reduced. 

§ 3941 . Reports and Inspection of Records. 

On request of the Superintendent of Public Instruction, school district, 
cooperative, and consortia records that are required to be maintained by 
the district shall be made available for inspection to verify the accuracy 
of reports and to determine the conformity of program activities to the 
applicable program plans. 

NOTE: Authority cited: Sections 330.^1 and 52039, Education Code. Reference: 
Sections 52000-52047, Education Code. 

History 

1 . Amendment Hied 5-17-78; effective thirtieth day thereafter (Register 78, No. 
20). 

2. Amendment tiled 1 1-7-79; effective thirtieth day thereafter (Register 79, No. 
45). 

§ 3942. Continuity of Funding. 

Districts maintaining programs under this chapter shall have their pro- 
grams approved for a period not to exceed three consecutive years con- 
tingent ( I ) upon the availability of funds, (2) upon compliance by the dis- 
trict with the rules promulgated by the State Board of Education and the 
State Superintendent of Public Instruction, and (3) upon an annual evalu- 
ation which demonstrates that the program is not one of low effective- 
ness, under criteria established by the local governing board. 

§ 3943. Federal Categorical Aid Funds for Eligible 

Students Attending Private, Nonprofit, Tax 
Exempt Elementary or Secondary Schools. 

When federal regulations for categorical aid funding require or permit 
categorical aid services to be provided for nonpublic school students, 
such services shall be comparable to those provided for public school stu- 
dents. Criteria for student eligibility for these services shall be the same 
in nonpublic as in public schools, except where federal regulations indi- 
cate otherwise. 

The district shall continuously involve school officials and parents of 
nonpublic schools receiving federal categorical aid funds in the identifi- 
cation of needs, the establishment of selection criteria for students to re- 
ceive extra services, the development of program objectives and activi- 
ties, and the evaluation design. 

§ 3944. Fiscal and Technical Requirements. 

(a) Districts maintaining programs under this chapter shall develop 
budgets, account records, claims for reimbursement and reports in accor- 
dance with the California School Accounting Manual. 

(b) Auditable records shall be developed by the local educational 
agency to document compliance with federal and state regulations. 

(c) Districts maintaining programs under this chapter shall maintain 
title to equipment purchased with funds under this chapter and shall 
maintain inventory records sufficient to demonstrate that such equip- 
ment is used only for the particular project approved, provided that obso- 
lete or unneeded equipment may be disposed of in accordance with 
guidelines established by the Department of Education. 

§ 3945. Cooperative Programs. 

(a) School districts with less than $75,000 total funding available from 
all consolidated application sources must enter into a cooperative pro- 
gram. Any district receiving consolidated application funds on January 
1, 1978. and which was not then required to enter into a cooperative is 
exempt from this requirement. Where the cooperative administrative 



agency is a county office of education, and the participating district is a 
direct .service district, charges may be made only lor those ser\ ices that 
are in addition to those that are provided as direct services. 

(b) Each cooperative shall annually execute a formal agreement with 
each participating district regarding levels and types of services and 
amounts to be charged for tho.se services. 

§ 3946. The Control, Safeguards, and Disposal of 

Equipment Purchased with State and Federal 
Consolidated Application Funds. 

(a) Equipment, as defined in the California State Accounting Manual, 
purchased with state consolidated application funds, and expendable and 
nonexpendable personal property, as defined in Title 45, Code of Federal 
Regulations, Part 100. 1, purchased with federal consolidated application 
funds, shall be retained by the recipient district as long as there is a need 
for such property to accomplish the purpose of the project. 

(b) All equipment purchased with con.solidated application funds pro- 
vided under consolidated application programs shall be subject to prop- 
erty management standards inaintained by the recipient district, includ- 
ing, but not limited to. the following controls: 

(1) Records. 

An up to date inventory of each item of equipment shall be kept at the 
district office and at the appropriate school site. The inventory shall in- 
clude: 

(A) A description. 

(B) Identification number. 

(C) Acquisition date and original cost. 

(D) Funding source. 

(E) Location. 

(F) Ultimate disposition, including sale price or method used to deter- 
mine current fair market value. 

(2) Labeling. 

Each equipment item shall have a label that contains the name of the 
project, the identification number, and the name of the district. 

(3) Disposal. 

Equipment purchased with federal or state funds and no longer needed 
for project purposes may be taken off the consolidated application inven- 
tory list in accordance with existing federal regulations governing the 
disposal of equipment purchased with federal consolidated application 
funds. 

§ 3947. Administrative Costs. 

The following requirements apply to the funding sources identified in 
Section 3900(b), (d), and (g). 

(a) Indirect Costs. 

In no case shall the indirect cost rate charged exceed three percent of 
a district's funding, or the districtwide restricted indirect cost rate ap- 
proved by the State Department of Education, whichever is less. This rate 
shall be applied to the total direct expenditures, less capital outlay, for 
these programs. 

(b) Expenditures for Centralized Services. 

( 1 ) Expenditures for centralized services shall include direct costs and 
direct support costs, as defined in the most recent California School Ac- 
counting Manual, administered centrally within the district, cooperative, 
or consortium. 

(2) Each comprehensive school program plan shall contain the 
amounts budgeted for centralized services and a description of the cen- 
tralized services to be provided to the school program. 

NOTE: Authority cited: Section 33031 and former Section 52039(b). Education 
Code. Reference: former Section 52039(b)(1), Education Code. 

History 

1. Amendment filed 4-14-82; effective thirtieth day thereafter (Register 82. No. 
16). 

2. Amendment of first paragraph and subsection (b)(1), repealer of subsection 
(b)(2), subsection renumbering, and amendment of Note filed 6-23-99; opera- 
tive 7-23-99 (Register 99, No. 26). 



Page 75 



Register 2(XM, No. 24; 6-11-2004 



§3950 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Article 5. Complaint Procedures 

§ 3950. Definitions. 

NOTE; Authority cited: Section 33031, Education Code: P.L. 95-56). Section 
168. Reference: P.L. 95-.561. Section 128. 

History 

1. Adopt new article 5 (sections 3950-3953) filed 10-16-80: effective thirtieth 
day thereafter (Register 80, No. 42). 

2. Repealer filed 8-26-91: operative 9-25-91 (Register 92, No. 3). 

§ 3951. Local Educational Agency (LEA). 

NOTE: Authority cited: Section 33031. Education Code: P.L. 95-561. Section 
168. Reference: P.L. 9.5-561, Section 128. 

History 
1 . Repealer filed 8-26-91 ; operative 9-25-91 (Register 92. No. 3). 

§ 3952. State Department of Education. 

NOTE: Authority cited: Section 33031, Education Code; P.L. 9.5-561. Section 
168. Reference: P.L. 95-561, Section 168. 

History 

1. Repealer filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

§ 3953. Compliance Agreement. 

NOTE; Authority cited: P.L. 95-561, Section 169(c). Reference: P.L. 9.5-561, Sec- 
tion 169(c). 

History 

1 . Repealer filed 8-26-91 ; operafive 9-25-91 (Register 92, No. 3). 



Subchapter 2. School Improvement 
Programs 



Article 1. Definitions 

§ 4000. Classroom Teacher. 

"Classroom teacher" means all teachers as defined in former Educa- 
tion Code Section 33150(b) except those included in the definition of 
"other school personnel" as defined in former Education Code Section 
52001(a). 

NOTE; Authority cited: former Section 52039; and Sections 33031 and 62000.2, 
Education Code. Reference: former Sections 33150 and 52001; and Section 
62002.5, Education Code. 

History 

1 . New Chapter 2 (Sections 4000-4091 , not consecutive) filed 5-17-78; effective 
thirtieth day thereafter (Register 78, No. 20). 

2. Amendment of section and Note filed 6-23-99; operative 7-23-99 (Register 
99, No. 26). 

§4001. Parity. 

"Parity" of membership between various groups of persons identified 
in former Education Code section 52012 and Education Code section 
52852 means equal numbers of persons. 

NOTE: Authority cited: former Section 52039 and Sections 33031 and 62000.2, 
Educafion Code. Reference: former Sections 33150, 52001 and 52012 and Sec- 
tions 52852 and 62002.5, Education Code. 

History 
1 . Amendment of section and new Note filed 6-23-99; operative 7-23-99 (Regis- 
ter 99, No. 26). 

§ 4002. Parent Eligible for Membership on the School-Site 
Council. 

"Parent eligible for membership on the school site council" means a 
person who is the mother, father, or legal guardian, or one acting in loco 
parentis of a pupil attending the particular school but who is not 
employed at the school attended by such pupil. 

NOTE: Authority cited: former Section 52039 and Sections 33031 and 62000.2, 
Education Code. Reference: former Sections 33150, 52001 and 52012 and Sec- 
tions 52852 and 62002.5, Educafion Code. 



History 

I . Amendment of section and new Note: filed 6-2.3-99; operative 7-23-99 (Regis- 
ter 99, No. 26). 

§ 4003. Non-English-Speaking Pupil. 

NOTE: Authority cited: Sections 33031 and 62000.2. Education Code. Reference: 
Sections 52010-52049.1, 62001 and 62002. Education Code. 

History 
1 . Change without regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to section 1 00, title 1 . California Code of Regulations (Regis- 
ter 99. No. 26). 

§ 4004. Limited-Engljsh-Speaking Pupil. 

NOTE: Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 52010-52049.1. 62001 and 62002, Education Code. 

History 
1. Change without regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to section 1 00, title 1 , California Code of Regulations (Regis- 
ter 99, No. 26). 

§ 4005. Pupil with Exceptional Needs. 

NOTE; Authority cited: Sections 3303 1 and 62000.2, Education Code. Reference: 
Sections 52010-52049.1, 62001 and 62002, Education Code. 

History 
1. Change without regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to section 1 00, title 1 , California Code of Regulations (Regis- 
ter 99, No. 26). 

§ 4006. Pupil with Exceptional Abilities. 

NOTE: Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 52010-52049.1, 62001 and 62002. Education Code. 

History 
1. Change without regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to section 1 00, title 1 . California Code of Regulations (Regis- 
ter 99, No. 26). 

§ 4007. Elementary School. 

"Elementary school" is a school which has two or more elementary 

grades (K-6). 

Article 2. District Master Plan — Additional 
Elements 

§ 4020. Community Participation. 

NOTE; Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 52000-52047, 62001 and 62002, Education Code. 

History 

1. Repealer of Article 2 (Sections 4020-4025) and new Article 2 (Sections 
4020-4024) file 9-5-79; effective thirtieth day thereafter (Register 79, No. 36). 
For history of former article, see Register 78, No. 20. 

2. Amendment filed 1 1-7-79; effective thirtieth day thereafter (Register 79, No. 
45). 

3. Change without regulatory effect repealing section and amending Note filed 
6-22-99 pursuant to section 1 00, title 1 , California Code of Regulations (Regis- 
ter 99, No. 26). 

§ 4021 . Responsiveness to the Improvement Objectives of 
Participating Schools. 

NOTE; Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 52000-52047, 62001 and 62002, Education Code. 

History 

1 . Amendment filed 1 1-7-79; effective thirtieth day thereafter (Register 79, No. 
45). 

2. Change without regulatory effect repealing section and amending Note filed 
6-22-99 pursuant to section 100, title 1 , California Code of Regulations (Regis- 
ter 99, No. 26). 

§ 4022. Additional Elements of District Master Plan. 

NOTE: Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 

Sections 52034, 62001 and 62002, Educafion Code. 

History 

1 . Change without regulatory effect repealing section and amending Note filed 
6-22-99 pursuant to section 1 00, title 1 , California Code of Regulations (Regis- 
ter 99, No. 26). 

§ 4023. Availability of the District Master Plan. 

NOTE: Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 52034, 62001 and 62002, Education Code. 



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Title 5 



California Department of Education 



§4091 



History 
1. Change withoui regulatory effect repealing section and amending Note filed 
6-22-99 pursuant to section 100, title l,CaliforniaCodeof Regulations (Regis- 
ter 99. No. 26). 

§ 4024. Waivers. 

NOTE: Authority cited: Sections 3M)? 1 and 62000.2, Education Code. Reference: 
Sections .^20.^3. 62001 and 62002, Education Code. 

History 

I. Change without regulatory effect repealing section and amending NOTt; filed 
6-22-99 pursuant to section 1 00. title 1 , California Code of Regulations (Regis- 
ter 99. No. 26). 



Article 3. School Improvement Plan 



§ 4040. Review of School Improvement Plans. 

NOTE: Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 52000-52049.1, 62001 and 62002, Education Code. 

History 
1. Change without regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to section 1 00, title 1 , California Code of Regulations (Regis- 
ter 99, No. 26). 

§ 4041. Existing School Plans: Early Childhood Education. 

NOTE: Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 52000-52049.1, 62001 and 62002, Education Code. 

History 

1 . Amendment filed 5-17-78; effective thirtieth day thereafter (Register 78, No. 
20). 

2. Change without regulatory effect repealing section and amending Note filed 
6-22-99 pursuant to section 1 00, title 1 , California Code of Regulations (Regis- 
ter 99. No. 26). 

§ 4042. Program Strategies. 

NOTE: Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 52000-52049.1, 62001 and 62002, Education Code. 

History 
1. Change without regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to secfion 100, title 1 , California Code of Regulafions (Regis- 
ter 99, No. 26). 

§ 4060. Evaluation. 

NOTE; Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 52000-52049.1, 62001 and 62002, Education Code. 

History 

1 . Organizational headings of CCR were renamed as a result of CCR Reformat 
Project as follows: "Chapter" was renamed to "Subchapter"; "Division" was re- 
named to "Chapter"; and "Part" was renamed to "Division." 

2. Change withoui regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to section 1 00, title 1 , California Code of Regulations (Regis- 
ter 99, No. 26). 

§ 4061 . Availability of Evaluation Information. 

NOTE: Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 52000-52049.1, 62001 and 62002, Education Code. 

History 
1. Change without regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to secUon 100, title 1, California Code of Regulations (Regis- 
ter 99. No. 26). 



Article 4. Program Review 



§ 4070. Program Reviews Conducted by Consortia. 

Note; Authority cited: Sections 33031 and 62000.2. Education Code. Reference: 
Sections 52000-52049.1, 62001 and 62002, Education Code. 

History 

1. Amendment of subsecfions (a)(3), (a)(4) and (a)(5) filed 5-17-78; effective 
thirtieth day thereafter (Register 78, No. 20). 

2. Change without regulatory effect repealing section and amending Note filed 
6-22-99 pursuant to section 1 00. title 1 , California Code of Regulations (Regis- 
ter 99, No. 26). 



§ 4071 . Monitoring of Consortia Activities and Training of 
Review Team Members. 

NOTE; Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 52000-52049.1, 62001 and 62002. Education Code. 

History 
1. Amendment filed 5-17-78; effective thirtieth dav thereafter (Recister 78. No. 



20). 

Change without regulatory effect repealing section and amending NoTi filed 
6-22-99 pursuant to .section 100, title I . California Code of Reiiulations ( Resiis- 
ter 99, No. 26). 



Article 5. Selection and Expansion 

§ 4080. Phase-In of Elementary Schools. 

NOTE: Authority cited: Sections 33031 and 62000.2. Education Code. Reference: 
Sections 52000-52049.1, 62001 and 62002, Education Code. 

History 
1. Change without regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to section 1 00, title 1 . California Code of Regulations ( Regis- 
ter 99. No. 26). 

§ 4081 . Criteria for Approval of Planning Application: 
Elementary Schools. 

NOTE; Authority cited: Sections 33031 and 62000.2. Education Code. Reference: 
Sections 5200(K52049.1, 62001 and 62002, Educafion Code. 

History 
1. Change without regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to section 1 00, title 1 , California Code of Regulations (Regis- 
ter 99. No. 26). 

§ 4082. Alternative Elementary Selection Process. 

NOTE: Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 52000-52049.1. 62001 and 62002. Education Code. 

History 
1. Change without regulatory effect repealing section and adding Noti-: filed 
6-22-99 pursuant to section 100, title 1 . California Code of Regulations ( Regis- 
ter 99, No. 26). 

§ 4083. Secondary School Applications. 

NOTE: Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 52000-52049.1. 62001 and 62002. Educafion Code. 

History 
1. Change without regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to secnon 100, title 1, California Code of Regulations (Regis- 
ter 99, No. 26). 

§ 4084. Criteria for Approval of Planning Application: 
Secondary Schools. 

NOTE: Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Secfions 52000-52049.1, 62001 and 62002, Education Code. 

History 

1. Change without regulatory effect repealing section and adding Note filed 
6-22-99 pursuant to section 1 00. fitle 1 . California Code of Regulations ( Regis- 
ter 99, No. 26). 



Article 6. Fiscal Concerns 

§ 4090. Expenditure of Planning Grant Funds. 

School site councils shall establish a single school improvement bud- 
get for all participating grades and ensure that planning grant funds are 
only used for activities directly related to planning and the development 
of the school improvement plan, and preparation for implementation. 

§ 4091 . School Improvement Budget. 

School site councils with state allocated school improvement funds 

shall establish a single school improvement budget with these funds for 

all participating grades to meet the objectives of the school improvement 

plan. In no case shall funds be budgeted for the sole purpose of reducing 

class size. 

NOTE: Authority cited: Sections 33031 and 52039(b), Education Code, Refer- 
ence: Sections 52000-52049.5, Education Code. 

History 
1. Amendment filed 5-17-78; effective thirtieth day thereafter (Register 78, No. 
20). 



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§4100 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Subchapter 3. Local Staff Development 
Programs 



Article 1. 



Local Staff Development 
Programs 



§ 41 09. Eligibility for Funding. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Section 
54001, Education Code. 

History 
1 . Change without regulatory effect repealing section filed 10-22-99 pursuant to 
section 100. title 1, California Code of Regulations (Register 99, No. 43). 

Article 2. Funding 



§4100. Definitions. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Section 
54001. Education Code. 

History 

1 . Repealer of Chapter 3 (Sections 4100-41 15. not consecutive) filed 9-5-79; ef- 
fective thirtieth day thereafter (Register 79, No. 36). For history of former chap- 
ter, see Register 78, No. 20. 

2. Renumbering of Chapter 4 (Sections 4200-4209, not consecutive) to Chapter 
3 (Sections 4100^109) filed 9-5-79; effective thinieth day thereafter (Regis- 
ter 79, No. 36). For history of former chapter, see Register 78, No. 20. 

3. Change without regulatory effect repealing subchapter 3 (articles 1-2), article 
1 (sections 4100-4109) and section filed 10-22-99 pursuant to section 100, title 
1, California Code of Regulations (Register 99, No. 43). 

§ 41 01 . School District Master Plans. 

Note: Authority cited: Section 54005, Education Code. Reference: Section 
54001, Education Code. 

History 
I . Change without regulatory effect repealing section filed 10-22-99 pursuant to 
section 100, title 1, California Code of Regulations (Register 99, No. 43). 

§ 41 03. Staff Development Objectives and Programs. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Section 
54001, Education Code. 

History 
1 . Change without regulatory effect repealing section filed 10-22-99 pursuant to 
section 100, title I, California Code of Regulations (Register 99, No. 43). 

§ 4104. Criteria for District Selection of Staff Development 
Programs. 

Note: Authority cited: Section 54005, Education Code. Reference: Section 
54001, Education Code. 

History 
1 . Change without regulatory effect repealing section filed 10-22-99 pursuant to 
section 100, title 1, California Code of Regulafions (Register 99, No. 43). 

§ 4105. Assurance Requirement for District Application. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Section 
54001, Education Code. 

History 
1 . Change without regulatory effect repealing section filed 10-22-99 pursuant to 
section 100, title 1, California Code of Regulations (Register 99, No. 43). 

§ 4106. Criteria for Department of Education Approval of 
District Applications. 

NOTE: Authority cited: Secfion 54005, Education Code. Reference: Section 
54001, Eduction Code. 

History 

1. Change without regulatory effect repealing section filed 10-22-99 pursuant to 
section 100, title 1, California Code of Regulations (Register 99, No. 43). 

§4107. Evaluation. 

NOTE: Authority cited: Secfion 54005, Education Code. Reference: Section 
54001, Education Code. 

History 

1 . Change without regulatory effect repealing section filed 10-22-99 pursuant to 
section 100, title 1, California Code of Regulations (Register 99, No. 43). 

§ 41 08. Maintenance of Effort. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Section 
54001, Education Code. 

History 
1. Change without regulatory effect repealing secfion filed 10-22-99 pursuant to 
section 100, title 1, California Code of Regulafions (Register 99, No. 43). 



§ 41 10. Geographical Distribution of Funds. 

NOTE: Authority cited: Secfions 33031 and 44671.2, Education Code. Reference: 
Secfions 44671.4 and 44680.04, Education Code. 

History 

1. New Article 2 (Sections 41 10-41 13) filed 9-19-85; effective upon filing pur- 
suant to Government Code Section 1 1346.2(d) (Register 85, No. 38). 

2. Change without regulatory effect repealing article 2 (sections 41 10-41 13) and 
secfion filed 1 0-22-99 pursuant to section 100, title 1, California Code of Regu- 
lafions (Register 99, No. 43). 

§ 41 1 1 . Allocation of Funds Among Schools. 

NOTE: Authority cited: Secfions 33031 and44671.2. Education Code. Reference: 
Secfion 44671.4, Educafion Code. 

History 

1. Change without regulatory effect repealing section filed 10-22-99 pursuant to 
secfion 100. title I, California Code of Regulations (Register 99, No. 43). 

§ 4112. Annual Funding Levels. 

NOTE: Authority cited: Sections 33031 and 44671 .2, Education Code. Reference: 
Secfions 44670.9 and 44671.4, Education Code. 

History 

1 . Change without regulatory effect repealing section filed 10-22-99 pursuant to 
section 100, fitle 1, California Code of Regulafions (Register 99, No. 43). 

§ 41 13. Cost Limitations. 

NOTE: Authority cited: Secfions 33031 and 44671 .2, Educafion Code. Reference: 
Secfions 44670.3(b) and (c), 44670.9 and 44671.4, Education Code. 

History 
1. Change without regulatory effect repealing section filed 10-22-99 pursuant to 
secfion 100, tifie 1, California Code of Regulafions (Register 99, No. 43). 



Subchapter 4. Economic Impact Aid 



Article 1. Purpose 

§ 4200. Purpose. 

This chapter and Chapters 5, 6, and 7 implement the three legislative 
purposes of the Economic Impact Aid (EI A) Program pursuant to Educa- 
tion Code Sections 54000 et seq. 

One purpose is to provide financial assistance to certain school dis- 
tricts having significant concentrations of special need students in meet- 
ing their obligation to ensure equal educational opportunity for pupils of 
limited English proficiency an obligation which exists, irrespective of 
whether or not a district qualifies for assistance under this chapter or 
whether or not the EIA funds are made available under this chapter. This 
purpose is implemented in Chapter 5. 

A second equally important purpose is to provide financial assistance 
to such school districts to design and implement State Compensatory 
Education (SCE) programs to meet the special educational needs of their 
educationally disadvantaged students. This purpose is implemented in 
Chapter 6. A third purpose is to provide financial assistance for other des- 
ignated purposes such as to improve school security. This purpose is im- 
plemented in Chapter 7. 

NOTE: Authority cited: Section 54005, Educafion Code. Reference: Section 
54020, Educafion Code. 

History 

1 . New Chapter 4 (Articles 1-4, Secfions 4200-4203) filed 9-5-79; effective thir- 
fieth day thereafter (Register 79, No. 36). 

2. Amendment filed 9-17-82; effecfive thirtieth day thereafter (Register 82, No. 
38). 



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Title 5 



California Department of Education 



§ 4307 



Article 2. Allocation of Funds 

§ 4201 . Allocation of Funds. 

NOTH: Authority cited: Section 62000.2. Education Code. Reference: former Sec- 
tion .^4020, Education Code. 

History 

1. Amendment ol subsection (a) filed 9-17-82: effective thirtieth day thereafter 
(Register82. No. 38). 

2. Repealer of section and amendment of N( n h filed 6-23-99; operative 7-23-99 
(Re'jisler99. No. 26). 



2. Repealer of section and amendment of NoTi filed 6-2.3-99; operalivc 7-2.3-99 
(Register99, No. 26). 



Article 3. General Accounting 
Requirements 

§ 4202. Accounting. 

School distiicts receiving EIA funds must maintain separate account- 
ing records which document the total amount of EIA funds spent under 
Chapters 5, 6. and 7. Such records shall be maintained at the school level. 
In Title I eligible schools receiving both ESEA. Title I and State Compen- 
satory Education funds, the ESEA Title I accounting requirements may 
be applied. 

NOTE: Authority cited: Secuon 54003, Education Code. Reference: Secfion 
41010, Education Code. 

History 
1. Organizational headings of CCR were renamed as a result of CCR Reformat 
Project as follows: "Chapter" was renamed to "Subchapter"; "Division" was re- 
named to "Chapter"; and "Part" was renamed to "Division." The organizational 
headings referenced in this regulation and/or history notation have not been re- 
named; refer to the renamed organizational headings described in this para- 
graph. 



Article 2. Definitions 

§ 4302. Definitions. 

NOTE: Authority cited: Section 62000.2(d), Education Code. Reference: Sections 
52J63, 5216.S(b), 52166 and 52178, Education Code. 

History 

1. Amendment filed 9-17-82; effective thirtieth day thereafter (Register 82, No. 
.38). 

2. Change without regulatory effect repealing section and amending Norc filed 
5-1 8-98 pursuant to secfion 1 00. title 1 , California Code of Regulations ( Regis- 
ter 98, No. 21). 



Article 4. 



Administration and Evaluation 
Allocations 



§ 4203. Limits on Administration and Evaluation 
Allocations. 

School districts receiving EIA funds shall not allocate more than 10 
percent of their total EIA allocation for the purposes of administration 
and evaluation of their programs which are funded by EIA funds. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Secfion 
54004, Education Code. 



Subchapter 5. Bilingual Education 



Article 1. Purpose 



§ 4300. Purpose. 

NOTE: Authority cited: Section 62000.2(d), Education Code. Reference: Secfions 
52160-52179 and 54004.7, Educafion Code. 

History 

1. New Chapter 5 (Articles 1^; Sections 4300-4320, not consecufive) filed 
9-5-79; effective thirtieth day thereafter (Register 79, No. 36). 

2. Amendment filed 9-17-82; effective thirtieth day thereafter (Register 82, No. 
38). 

3. Change without regulatory effect repealing section and amending NoTi; filed 
5- 1 8-98 pursuant to secfion 1 00, title 1 , California Code of Regulations (Regis- 
ter 98, No. 21). 

§ 4301. Effective Instruction — Bilingual Learning 
Opportunities. 

NOTE; Authority cited: Section 62000.2. Education Code. Reference: former Sec- 
tions 52161, 52163(e), (0, 52163.5 and 52165, Education Code. 

History 
1. Amendment filed 9-17-82; effective thirtieth day thereafter (Register 82, No. 
38). 



Article 3. Program Requirements 

§ 4303. Program Requirements. 

NOTE; Authority cited: Secfion 62000.2(d). Education Code. Reference: Sections 
52161. 52163(e), (f) and 52165. Education Code. 

History 

1. Amendment filed 9-17-82; effective thiilieth day thereafter (Register 82. No. 
38). 

2. Change without regulatory effect repealing section and amending Noti; filed 
5-1 8-98 pursuant to secfion 1 00, title 1 , California Code of Regulations (Regis- 
ter 98, No. 21). 

§ 4304. Census. 

NOTE: Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Section 62002, Education Code. 

History 

1. Amendment filed 9-17-82; effective thirtieth day thereafter (Register 82. No. 
38). 

2. Amendment of subsecfions (a) and (b) and amendment of NoTt; filed 6-23-99; 
operative 7-23-99 (Register 99, No. 26). 

3. Repealer of section and amendment of NoTfi filed 1-8-2003; operative 
1-8-2003 pursuant to Government Code secfion 1 1343.4 (Register 2003. No. 
2). 

§ 4305. Identification and Assessment. 

NOTE; Authority cited: Section 62000.2(d). Education Code. Reference: Section 
52164.1, Education Code. 

History 

1. Amendment filed 9-17-82; effecfive thirtieth day thereafter (Register 82. No. 
38). 

2. Change without regulatory effect repealing section and amending NOTi. filed 
5- 1 8-98 pursuant to section 1 00, title 1 , California Code of Regulations ( Regis- 
ter 98, No. 21). 

§ 4306. Reclassification. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
62002, Educafion Code. 

History 

1 . Renumbering and amendment of former Section 4306 to Section 4307, and new 
Secfion 4306 filed 9-17-82; effecfive thirtieth day thereafter (Register 82. No. 
38). 

2. Amendment of subsections (a) and (b) filed 5-9-85; effective thirtieth day 
thereafter (Register 85, No. 19). 

3. Amendment of subsections (a) and (b) refiled 5-16-85; designated effective 
5-22-85 pursuant to Government Code Section 11 346.2(d) (Register 85. No. 
19). 

4. Amendment of section and Note filed 6-23-99; operative 7-2.3-99 (Register 
99, No. 26). 

5. Repealer of section and amendment of Note filed 1-8-2003; operative 
1-8-2003 pursuant to Government Code section 1 1343.4 (Register 2003. No. 
2). 

§ 4307. Educational Services. 

NOTE; Authority cited: Section 62000.2(d), Education Code. Reference: Sections 
52163, 52165 and 52167, Educafion Code. 

History 

1. Amendment filed 3-21-80; effective thirtieth day thereafter (Register 80, No. 
12). 

2. Renumbering and amendment of former Section 4307 to Section 4308. and re- 
numbering and amendment of former Section 4306 to Section 4307 filed 
9-17-82; effective thirtieth day thereafter (Register 82, No. 38). 



Page 79 



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§4308 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



3. Change without regulatory effect repealing section and amending NoT^■ filed 
5-18-98 pursuant to section 100, title 1, California Code of Regulations (Regis- 
ter 98, No. 21). 

§ 4308. Parent Notification. 

NOTE; Authority cited: Section 62000.2(d), Education Code. Reference: Sections 
52161, 52164.1, 52164.3, 52165 and 52173, Education Code. 

History 

1 . Renumbering and amendment of former Section 4308 to Section 4309. and re- 
numbering and amendment of former Section 4307 to Section 4308 filed 
9-17-82; effective thirtieth day thereafter (Register 82, No. 38). 

2. Change without regulatory effect repealing section and amending NoTt- filed 
5-1 8-98 pursuant to section 1 00. title 1 , California Code of Regulations (Regis- 
ter 98, No. 21). 

§ 4309. Teacher and Teacher Aide Criteria. 

No TE: Authority cited: Section 62000.2(d), Education Code. Reference: Sections 
52163, 52165, 52166, 52168, 52172 and 52178, Education Code. 

History 

1. Renumbering and amendment of former Section 4309 to Section 4310, and re- 
numbering and amendment of former Section 4308 to Section 4309 filed 
9-17-82; effective thirtieth day thereafter (Register 82, No. 38). 

2. Change without regulatory effect repealing section and amending Note tiled 
5- 1 8-98 pursuant to section 1 00, title 1 , Call fornia Code of Regulations (Resis- 
ter98. No. 21). 

§4310. Waivers. 

NOTE; Authority cited: Section 62000.2(d), Education Code. Reference: Section 
52178, Education Code. 

History 

1 . Renumbering and amendment of former Section 43 1 to Section 4311, and re- 
numbering and amendment of former Section 4309 to Section 4310 filed 
9-17-82; effective thirtieth day thereafter (Register 82, No. 38). 

2. Change without regulatory effect repealing section and amending Note filed 
5- 1 8-98 pursuant to section 100, title 1 , California Code of Regulations (Regis- 
ter 98, No. 21). 

§ 431 1 . Academic Assessment. 

Note; Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Section 62002, Education Code; and 20 U.S.C. 1703(0- 

History 

1. Renumbering and amendment of former Section 4311 to Section 4312, and re- 
numbering and amendment of former Section 4310 to Section 4311 filed 
9-17-82; effective thirtieth day thereafter (Register 82, No. 38). 

2. Amendment of section and Note filed 6-23-99; operative 7-23-99 (Register 
99, No. 26). 

3. Repealer of section and amendment of Note filed 1-8-2003; operative 
1-8-2003 pursuant to Government Code section 1 1343.4 (Register 2003, No. 
2)- 

§4312. Advisory Committees. 

Note; Authority cited: Sections 33031 and 62000.2, Education Code. Reference: 
Sections 62002 and 62002.5, Education Code. 

History 

1. Renumbering and amendment of former Section 4312 to Section 4313. and re- 
numbering and amendment of former Section 4311 to Section 4312 filed 
9-17-82; effective thirtieth day thereafter (Register 82, No. 38). 

2. Amendment of section and Note filed 6-23-99; operative 7-23-99 (Register 
99, No. 26). 

3. Repealer of section and amendment of Note filed 1-8-2003; operative 
1-8-2003 pursuant to Government Code section 1 1343.4 (Register 2003, No. 

2). 

§ 4313. Monitoring and Enforcement. 

Note; Authority cited: Sections 3303 1 and 62000.2, Education Code. Reference: 
Sections 52177, 62001 and 62002, Education Code. 

History 

1. Renumbering and amendment of former Section 4312 to Section 4313 filed 
9-17-82; effective thirtieth day thereafter (Register 82, No. 38). 

2. Change without regulatory effect repealing section and amending Note filed 
6-22-99 pursuant to section 1 00, title 1 , California Code of Regulations (Regis- 
ter 99, No. 26). 



Article 4. Special Funds to Assist Districts 

§ 4320. Determination of Funding to Support Programs to 
Overcome the Linguistic Difficulties of English 
Learners. 

(a) School districts are required to provide services lo English learners 
in all schools in accordance with Education Code Sections 300 et seq. and 
62002. In order to meet this requirement, districts shall allocate adequate 
resources from local, slate, and other funds. To assist in providing ade- 
quate resources, a portion of EIA funds may be used to provide services 
to schools which otherwise may not be eligible for SCE funds. 

(b) School districts inay determine the amount and level of resources 
to meet the excess cost requirements of Education Code Section 62002, 
and may use EIA funds for all or part of meeting those requirements. 
There are a variety of allocation patterns and levels which may be appro- 
priate in local districts. 

(c) Those determinations may be made in accordance with a standard 
to be established as outlined in subsection (d) below. The standard for the 
district will be described in the district's inlradistrict allocation plan re- 
quired by Education Code Sections 54004.3, 54004.5, and 54004.7. 

(d) School districts may use a standard established by: 

( 1 ) Determining the number eligible educationally disadvantaged stu- 
dents in all schools eligible to receive state compensatory education 
funds. 

(2) Determining the number of English learners who are not counted 
in subsection (1). 

(3) Dividing the sum of subsection ( 1 ) and (2) into the total EIA alloca- 
tion (after subtracting total district EIA indirect costs and EIA security, 
limited to not more than 10 percent of the total EIA grant). 

(4) The resultant per pupil expenditure levels (as established in subsec- 
tion (3)) will establish the appropriate minimum average per pupil level 
of funding to provide services to pupils of limited English proficiency in 
all schools in the district with such students in attendance. 

(e) If a school district decides to provide EIA funding for services to 
English learners at a per pupil level either below or above the standard, 
the district must apply to the State Department of Education for approval 
of that per pupil level. In their inlradistrict allocation plan, those districts 
must demonstrate that their per pupil level will fairiy provide the neces- 
sary resources to meet the needs of all English learners. These districts 
shall have an affirmative responsibility to demonstrate that their inlradis- 
trict allocation system and allocations from other sources will meet the 
requirements of Education Code Section 62002. 

(f) It is the intent of this article to encourage school districts to make 
an equitable distribution of EIA funds and ESEA, Title I, funds among 
all students receiving services; therefore, the allocation of EIA funds un- 
der this article will precede the allocation of SCE funds under Chapter 6 
or Chapter 7 and precede the allocation of ESEA, Title I, funds. In addi- 
tion, districts will not allocate SCE or ESEA, Title I, funds for English 
learners who are receiving, from this article, services of the same nature 
and scope as would otherwise be provided by SCE or ESEA, Title I, funds 
so that the total per pupil funding level exceeds the maximum established 
pursuant to Section 4416. It is assumed that the funds allocated under this 
article provide at least a portion of the services that would have been pro- 
vided by SCE or ESEA, Title I. 

Note; Authority cited: Sections 3303 1 , 54005 and 62000.2, Education Code. Ref- 
erence: Sections 54004.3, 54004.5, 54004.7, 62001 and 62002, Education Code. 

History 

1. Amendment filed 9-17-82; effective thirtieth day thereafter (Register 82, No. 
38). 

2. Change without regulatory effect amending section heading, section and NOTE 
filed 6-22-99 pursuant to section 1(X), title 1, California Code of Regulations 
(Register 99, No. 26). 



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Title 5 



California Department of Education 



§4412 



Subchapter 6. State Compensatory 
Education Programs 



Article 1 . Program Purpose 

§ 4400. Purpose. 

ElA funds needed by school districts to support State Compensatory 
Education programs (i.e. SCE funds) provided under this chapner must 
be used by school districts to expand and improve the educational pro- 
grams provided for educationally disadvantaged children. 
NOTE: Authority cited; Section 54005. Education Code. Reference: Sections 
54001, 54004.3.',54020, Education Code. 

History 
1. New Chapter 6 (Articles 1-10; Sections 4400-4425, not consecutive) filed 

9-5-79; effective thirtieth day thereafter (Register 79, No. 36). 



Article 2. Program Requirements 

§4401. Federal Requirements. 

Except as otherwise provided in this chapter, SCE funds must be ex- 
pended in accordance with the requirements of Title I of the Elementary 
and Secondary Education Act as amended. 

NOTE; Authority cited; Sections 33031 and 62000.2, Education Code. Reference: 
20 U.S.C. 6.301. 

History 
I. Amendment of section and Nt)Tt filed 6-23-99; operative 7-23-99 (Register 

99, No. 26). 

§ 4402. Consistent Services. 

The plan for compensatory education services developed pursuant to 
Section 3930 shall ensure that these services are consistent with the pro- 
gram strategies and activities otherwise provided for educationally dis- 
advantaged students. The compensatory education services for educa- 
tionally disadvantaged students who are English learners shall expand 
and improve the services already otherwise provided to these students. 
Note: Authority cited: Sections 3303 1 , 54005 and 62000.2, Education Code. Ref- 
erence: Sections 54000-54020, 60001 and 60002, Education Code. 

History 
1. Change without regulatory effect amending section and Note filed 6-22-99 
pursuant to section 100, title I , California Code of Regulations (Register 99, No. 
26). 

§ 4403. Secondary School Program. 

The program provided for participating secondary school students un- 
der this chapter shall make provision for preparing such students for post- 
secondary education, training, or employment. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Section 
54000, Education Code. 

Article 3. Designating Eligible and 
Participating School 



§ 4410. General Standards for Determining School 
Eligibility. 

General standards for determining school eligibility are: 

(a) A school district must determine, on an annual basis, for all schools 
in the district (e.g., kindergarten through grade twelve), which schools 
have high concentrations of pupils in need. SCE funds may be used only 
in such schools and in schools meeting one or more of the requirements 
of Sections 441 1 and 4413. 

(b) The school district shall use the following criteria for determining 
concentrations of pupils in need, giving equal weight to each criterion: 



(1) The concentration of limited- and non-English-speaking stu- 
dents; 

(2) The concentration of students from low-income families: 

(3) The concentration of educationally disadvantaged students. 

In calculating the concentrations of pupils in need at each school site, 
the district may, at its option, use either an unduplicated count of pupils 
in need or count a child more than once if he or she meets more than one 
criterion. Districts may use other factors, in addition to using criteria 
(l)-(3). to identify pupils in need. Districts proposing to use such other 
factors must demonstrate to the Superintendent of Public Instruction that 
the additional factors chosen by the district measure special needs of pu- 
pils which are not otherwise adequately measured by criteria (1 )-(3). 

(c) A school will be considered to have a high concentration of pupils 
in need if it meets one of the following criteria: 

(1) On a numerical or percentage basis (or a combination of such 
bases), the concentration of pupils in need is as high or higher than the 
districtwide average. If a combination of the numerical and percentage 
bases is used, the number of schools considered eligible for assistance 
under this section may exceed the number of such schools that could be 
so designated if only one such method had been used. 

(2) At least 25 percent of the students are limited- or non-English- 
speaking; 

(3) At least 25 percent of the students are from low-income families; 

(4) At least 50 percent of the students are educationally disadvantaged 
per Section 4414. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Section 
54004.5. Education Code. 

§ 441 1 . Selecting Participating Schools. 

A district may choose to operate compensatory education programs at 
all eligible schools if it is able to provide a program for each educationally 
disadvantaged child at those schools which meet the criterion established 
by the district for participation in such programs at a level of funding per 
pupil meeting the requirements of Article 5. If the available compensato- 
ry education funds are not sufficient to serve all educationally disadvan- 
taged students who meet the district criterion for participation at every 
eligible school, the district must select schools for participation in rank 
order, from highest to lowest, according to the relative degree of concen- 
tration of pupils in need as determined under Section 4410. 
NOTE: Authority cited: Section 54005, Education Code. Reference: Section 
54004.5. Education Code. 

§ 4412. Uniform Measure for Designating Eligible and 
Participating Schools. 

The same measures of low-income, educational disadvantagement, 
and linguistic needs, which shall be chosen by the school district and 
which may be composites of several indicators, shall be used with respect 
to all such schools, both to identify eligible schools and, where applica- 
ble, to determine the ranking of each school. Acceptable types of data for 
student identification by category are as follows: 

(a) LES/NES students. Measures of the concentrations of LES/NES 
students in each school site shall be made in accordance with the census 
required by Section 4304. The numbers determined through this census 
will be the data used in the intradistrict allocation plan. 

(b) Students from low-income families. The 1970 census data on the 
number of children from low-income families; data on children in fami- 
lies receiving payments under the program of aid to families with depen- 
dent children under a state plan approved under Title IV of the Social Se- 
curity Act and foster children; data concerning children eligible to 
receive benefits under the National School Lunch Act; and data on chil- 
dren residing in homes with low-assessed value for a single family resi- 
dence are acceptable sources. A school district may select any of these 
data or a combination of such data to determine its count of students from 
low-income families. However, whatever data are used must be applied 
uniformly throughout the district and must be clearly identified in the in- 
tradistrict allocation plan. 

(c) Educationally disadvantaged students. The number of educational- 
ly disadvantaged students will be established through the use of general 



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standards for determining student eligibility as discussed in Section 44 14 
of these regulations. If a school district varies its procedures for such 
identification from those established to satisfy the requirements of Sec- 
tion 4414. such variation must be described clearly in the intradistrict al- 
location plan. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Section 
54004.5. Education Code. 

§ 4413. Exceptions to the General Rule for Designating 
Eligible and Participating Schools. 

(a) Designating Grade Spans. Among schools eligible for assistance 
under this article, a school district may elect to designate schools having 
specified grade spans as participating schools, irrespective of the relative 
incidence of pupils in need in other grade spans. 

(b) Continuation of Participating School Designation. A school may 
be selected as a participating school under Section 4410 for a fiscal year 
even though it does not qualify under such subsection for that fiscal year 
if such school was eligible for and participated in the program in either 
of the two preceding fiscal years. 

(c) Use of Title I Rules for Designating Schools. Notwithstanding Sec- 
tions 4410 and 441 1. a school district may choose to designate eligible 
and participating schools in accordance with 20 U.S.C. 2732. 

(d) Expanding the Number of Participating Schools. Notwithstanding 
Sections 4410 and 441 1, a school district may designate a school as par- 
ticipating if it: 

(1 ) Satisfies the requirements of 20 U.S.C. 2752. 

(2) Ensures that all children who satisfy the school district's criterion 
for participation in programs assisted under this article and attend 
schools designated as participating schools in accordance with Section 
4410 participate in those schools' programs. 

(3) Ensures that schools made eligible for assistance under this article 
will be served in rank order. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Section 
54004.5, Education Code. 

Article 4. Designating Students to Be 
Participants 

§ 4414. General Standards for Determining Student 
Eligibility. 

(a) School districts must use SCE funds for educationally disadvan- 
taged students attending participating schools as determined in accor- 
dance with Sections 4410-4413. 

(b) For purposes of this article, the term "educationally disadvantaged 
students" means students who have need for special educational assis- 
tance in order that their level of educational attainment may be raised to 
that appropriate for students of their age. The term includes LES/NES 
students who are not proficient in English and students with a primary 
language other than English who are proficient in the English language 
and who are not functioning at the level appropriate for students of their 
age. 

(c) In general, the needs assessment used to identify educationally dis- 
advantaged students within eligible schools must be based on objective 
empirical evidence in the English language which indicates the students 
whose educational attainment in the basic instructional areas is below 
that appropriate for students of their age. It is presumed that the use of 
standardized, nationally normed tests meets the requirements of this sub- 
section. The use of other objective measures, including validated criter- 
ion-referenced tests, diagnostic tests, and development scales, may be 
used if they provide a standardized means for determining the level of 
educational attainment appropriate to children of their age, and if such 
measures meet the following criteria: 

(1) The cutoff point, score, or criterion for eligibiHty must have been 
determined by its empirical relationship to the educational attainment ap- 
propriate to the age of the student and may be identified by the fiftieth (or 
more stringent) percentile on a nationally normed test. 



(2) Districts must have conducted an empirical study of the relation- 
ship between their means of identification and a nationally normed test, 
and demonstrate that students identified as eligible for participation in 
compensatory education programs by using the alternative procedure 
would have scored below grade level using a nationally normed stan- 
dardized test. 

It is not necessary that such a study be conducted with every group of 
students to be identified. Districts are encouraged to use a variety of val- 
id, reliable indicators to provide the best possible information on student 
performance for purposes of identification of eligible students. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Sections 

54001, 54004.5, 54020, Education Code. 

History 

I . Organizational headings of CCR were renamed as a result of CCR Reformat 
Project as follows: "Chapter" was renamed to "Subchapter"; "Division" was re- 
named to "Chapter"; and "Part" was renamed to "Division." 

§ 4415. General Standards for Determining Students to Be 
Participants. 

(a) In the event that not all eligible students in those schools designated 
as participating schools can be participants, a school district must select 
a uniform objective criterion for purposes of determining which eligible 
students will participate in programs receiving funds from SCE and/or 
Title I as amended. The criterion selected must ensure that the students 
of greatest need are selected as participants. 

(b) The total number of students receiving ESEA. Title I and SCE 
funds, as determined by district policy pursuant to this article, must not 
exceed the total number of students who score below the fiftieth percen- 
tile on a nationally normed achievement test unless the district is able to 
demonstrate that such a policy is appropriate. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Section 
54004.3, Education Code; 20 U.S.C. 2733. 

Article 5. Level of Funding 

§ 4416. Minimum and Maximum Levels of Funding. 

Districts shall determine minimum and maximum levels of funding 
for all educationally disadvantaged students who participate in programs 
funded in whole or in part by SCE and ESEA, Title I according to the fol- 
lowing criteria: 

(a) The level of funding ensures that the program is of sufficient size, 
scope, and quality to give reasonable promise of achieving the objectives 
of the program. 

(b) The level of funding is not excessive or extravagant in terms of the 
needs of students to be served. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Sections 
52168, 54004.5(b), Education Code. 

§ 4417. Recognition of Local Compensatory Education 
Programs. 

(a) Local school districts may provide compensatory education ser- 
vices using local funds and such local programs may be counted for the 
purposes of the intradistrict fund allocation plan, if it meets the require- 
ments of 20 U.S.C. 275 1 (b)( 1 )(C). The district must request advance de- 
termination by the State Department of Education that the local compen- 
satory education program is approvable. 

(b) The district may provide school-level program description outlin- 
ing the specific services provided under these locally-devised programs. 
The school-level funding must be shown on local school and district-le- 
vel applications. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Section 
54001. Education Code. 

Article 6. Allocation Alternatives 

§ 4420. General Standards. 

(a) In general, except as provided in the next sentence. SCE funds must 
be distributed according to an objective criterion without taking into ac- 
count the availability or existence of Title I funds and in accordance with 



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• 



• 



subsections (b) through (g). The existence of Title I funds may be taken 
into account in allocating SCE funds so long as students satisfying the 
objective criteria for participation residing in Title 1 eligible areas re- 
ceive, in the aggregate, the same amount of SCE funds as they would 
have received if Title I funds were not available. 

(b) Students residing in Title 1 eligible areas who satisfy the objective 
criterion must receive assistance under SCE or Title I before any student 
who does not satisfy the objective criterion. 

(c) School districts must ensure that the services provided to all educa- 
tionally disadvantaged students in greatest need of assistance residing in 
Title 1 areas who receive assistance under SCE in lieu of Title I and who 
would have received assistance under Title 1 if SCE did not exist, are of 
the same nature and scope that would have been provided under Title 1. 

(d) School districts must also ensure that educationally disadvantaged 
students attending nonpublic schools will be selected for participation in 
Title I programs according to the Tide I procedures for ranking school 
attendance areas without regard to an exemption to the Title I ranking 
procedure which allows programs for students residing in certain areas 
to receive SCE funds in lieu of Title I funds. 

(e) Further, all schools which satisfy Section 4410 (pertaining to SCE 
school eligibility) must be served before any school which does not satis- 
fy Section 4410. 

(f) SCE funds must be allocated at a level per participant in Title I eligi- 
ble areas which is consistent with Section 4416 and that is at least equal 
to the minimum level per participant used in non-Title I eligible areas. 

(g) At a minimum, at least 50 percent of SCE funds must be spent in 
Title [ eligible areas. 

§4421. Allocation Models. 

Each school district shall allocate SCE funds using one of the follow- 
ing methods, and in its consolidated application, shall specify to the De- 
partment of Education the method used. 

(a) Alternative I: 

( 1 ) Identify the schools eligible for SCE funds in accordance with Sec- 
tion 4410. 

(2) Identify students who meet the objective criterion eligible for par- 
ticipation in SCE programs in accordance with Section 4414. 

(3) Identify all students meeting the criteria established in subsection 
(2) who reside in attendance areas of schools eligible for SCE funds ac- 
cording to the criterion established in subsection (1). 

(4) Determine a level of funding per participant which is in accordance 
with Section 4416 and Section 4420. 

(5) Compute the percentage of students participating in SCE programs 
who reside in Title I eligible attendance areas. 

(6) Determine the amount of SCE funds to be allocated for SCE pro- 
grams serving participating students who reside in Title I eligible atten- 
dance areas such that the percentage of SCE funds allocated to Title I eli- 
gible areas is at least as great as the percentage of SCE participating 
students computed in subsection (5). 

(7) Allocate the portion of the district's SCE funds which must be 
spent in Title I eligible areas as determined in subsection (6) to all Title 
I eligible schools which are also ehgible to receive SCE funds such that 
the same percentage of students eligible to participate in SCE programs 
is served in each eligible school; e.g.. if there are sufficient funds to serve 
60 percent of the eligible students in all Title I eligible schools, then SCE 
funds would be allocated to serve 60 percent of the eligible students in 
each eligible Title I school. 

(8) Allocate the portion of the district's SCE funds which may be spent 
in non-Title I eligible areas (the amount remaining after subtracting SCE 
funds allocated to Title I schools as determined in subsection (6)) to all 
non-Title I eligible schools which are eligible to receive SCE funds such 
that the same percentage of students eligible to participate in SCE pro- 
grams are served in each eligible school; e.g., if there are sufficient funds 
to serve 60 percent of the eligible students in all non-Title I eligible 
schools, then SCE funds would be allocated to serve 60 percent of the eli- 
gible students in each eligible non-Title I school. 



(9) Allocate Title I funds to Title I eligible schools and students in ac- 
cordance with Title 1 law and regulations. 

(10) If Title I eligible schools are skipped for purposes of receiving 
Title I funds because their programs for educationally disadvantaged stu- 
dents are funded by SCE. these Title I eligible schools must receive the 
same nature and scope of service as those which would have otherwise 
been provided under Title I. 

(b) Alternative 2: 

(1 ) Identify the schools eligible for SCE funds in accordance with Sec- 
lion 4410. 

(2) Identify students who meet the district criterion for participation 
in SCE programs in accordance with Section 4414. 

(3) Identify all students meeting the criterion established in subsection 
(2) who reside in attendance areas of schools eligible for SCE funds ac- 
cording to the criterion established in subsection ( I ). 

(4) Determine a level of funding per participant which is in accordance 
with Section 4416 and Section 4420. 

(5) Compute the percentage of students who meet the district criterion 
for participation in SCE programs who reside in Title I eligible atten- 
dance areas. 

(6) Determine the amount of SCE funds to be allocated for SCE pro- 
grams serving participating students who reside in Title I eligible atten- 
dance areas such that the percentage of SCE funds allocated to Title I eli- 
gible areas is at least as great as the percentage of SCE participating 
students computed in subsection (5). 

(7) Rank schools eligible for SCE funds which are in Title I eligible 
areas according to Section 441 1. 

(8) Allocate the portion of SCE funds which may be spent in non-Title 
I eligible areas (the amount remaining after subtracting SCE funds allo- 
cated to Title I eligible schools as determined in subsection (6)) to 
schools in the order established in subsection (9). For each such school 
receiving an allocation (except for the last school to receive funds), the 
amount allocated must be sufficient to serve all students who meet the 
district criterion for participation. 

(9) Allocate Title I funds to Title I eligible schools and students in ac- 
cordance with Title I law and regulations. 

(10) If Title I eligible schools are skipped for purposes of receiving 
Title I funds because their programs for educationally disadvantaged stu- 
dents are funded by SCE. these Title I eligible schools must receive the 
same nature and scope of service as those which would have otherwise 
been provided under Title I. 

(11) If Title I eligible schools are skipped for purposes of receiving 
Title I funds because their programs for educationally disadvantaged stu- 
dents are funded by SCE. Title I services must be provided to qualifying 
nonpublic school students who reside within an area skipped such that 
the services provided are comparable to the services provided to public 
school students served by SCE funds. The total number of nonpublic 
school participants served by Title I must be determined without regard 
to the availability of SCE funds. Services to nonpublic school students 
shall be provided to eligible areas in Title I rank order. 

(c) Alternative 3: 

( 1 ) Identify the schools eligible for SCE funds in accordance with Sec- 
tion 4410. 

(2) Identify students who meet the district criterion for participation 
in SCE programs in accordance with Section 4414. 

(3) Rank schools ehgible for SCE funds in accordance with Section 
4411. 

(4) Determine a level of funding per participant which is in accordance 
with Section 4416 and Section 4420. 

(5) Allocate SCE funds to schools in the order established in subsec- 
tion (3). For each such school receiving an allocation (except for the low- 
est ranked school to receive funds), the amount allocated must be suffi- 
cient to serve all students who meet the district criterion for participation. 

(6) Allocate Title I funds to Title I schools in Title I rank order. Howev- 
er, any Title I schools receiving SCE funds for all eligible students identi- 



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fied as participants pursuant to subsection (5) shall be skipped for the pur- 
poses of receiving Title I funds. 

(7) Programs in Title I eligible schools skipped for the purposes of re- 
ceiving Title 1 funds pursuant to subsection (6) must provide services of 
the same nature and scope as those that would otherwise be provided un- 
der Title I. 

(8) The level of funding per participant established pursuant to Section 
4416 of this chapter for Title I schools receiving SCE funds must be at 
least as high as the level of funding per participant in schools which re- 
ceive Title I alone. 

(9) Title I services must be provided to qualifying nonpublic school 
students who reside within an area skipped under subsection (6) such that 
the services provided are comparable to the services provided to public 
school students served with SCE funds. The total number of nonpublic 
school participants served by Title 1 must be determined without regard 
to the availability of SCE funds. Services to nonpublic school students 
shall be provided to eligible areas in Title I rank order. 

(d) Alternative 4: 

( 1 ) Identify the schools ehgible for SCE funds in accordance with Sec- 
tion 4410. 

(2) Identify students who meet the district criterion for participation 
in SCE programs in accordance with Section 44 1 4. 

(3) Rank schools eligible for SCE funds in accordance with Section 
4411. 

(4) Determine a level of funding per participant in accordance with 
Section 4416 and Section 4420 such that schools eligible for both Title 
I and SCE funds receive a combination of Title I and SCE funds. 

(5) Allocate SCE funds to schools in the order established in subsec- 
tion (3). For each such school receiving an allocation (except for the low- 
est ranked school to receive funds), the amount allocated must be suffi- 
cient to serve all students who meet the district criterion for participation. 

(6) Allocate Title I funds to Title I eligible schools in Title I rank order 
by allocating Title I funds in addition to SCE funds such that the total 
state and federal compensatory education funds per participant reach the 
level per participant determined in subsection (4). 

(7) Title I eligible schools that receive a combination of Title I and 
SCE funds must be allocated at least the same combined level of funding 
per participant as Title I eligible schools that are allocated Title I funds 
alone. 

(e) Alternative 5: 

(1) Select a grade span to be served by SCE funds. 

(2) Identify the schools eligible for SCE funds in accordance with Sec- 
tion 4410, which include the grade spans selected in subsection (1 ). 

(3) Rank schools eligible for SCE funds in accordance with Section 
441 1 which contains the grade spans selected in subsection (1). 

(4) Determine a level of funding per participant which is in accordance 
with Sections 4416 and 4420. 

(5) Allocate SCE funds to schools in the order established in subsec- 
tion (4). For each such school receiving an allocation (except for the low- 
est ranked school to receive funds), the amount allocated must be suffi- 
cient to serve all students who meet the district criterion for participation 
in the grade span selected. 

(6) Select a grade span to be served by Title I funds which is not served 
with SCE funds. 

(7) Allocate Title I funds to Title I grade spans in Title I rank order. 

(8) SCE programs in Title I eligible grades skipped for the purposes 
of receiving Title I funds pursuant to subsection (6) must provide services 
of the same nature and scope as those that would otherwise be provided 
under Title I. 

(9) Title I services must be provided to qualifying nonpublic school 
students who reside within an area or are in a grade skipped under subsec- 
tion (7) such that the services are comparable to services provided to pub- 
lic school students served with SCE funds. The total number of nonpublic 
school participants served by Title I must be determined without regard 
to the availability of state funding. Services to nonpublic school students 
shall be provided to eligible areas in Title I rank order. 



(0 Alternative 6: 

( I ) Determine a method of allocation which is consistent with Section 
4420(a). The allocation procedure used must be described in detail in the 
district's consolidated application. 

Note. Authority cited: Section 54004, Education Code. Reference: Sections 
54004.5, 54004.7, Education Code. 

Article 7. Evaluation 

§ 4422. Evaluation Plan. 

Each school plan shall include an evaluation plan which addresses, at 
a minimum, the areas specified in Education Code Section 54006. The 
Department of Education shall specify administratively, through re- 
quired planning and reporting procedures, the minimum criteria for each 
school-level evaluation plan. The minimum criteria shall include: a gen- 
eral framework of accepted evaluation procedures such that the school 
advisory council and local governing board will have information ade- 
quate to carry out their responsibilities; provision for such information 
as will be necessary to enable the Superintendent of Public Instruction 
and the State Board of Education to carry out their responsibilities pur- 
suant to Sections 54005 and 54006. 

NOTE: Authority cited: Section 54004, Education Code. Reference: Section 
54006, Education Code. 

Article 8. District and School Advisory 
Councils 

§ 4423. Advisory Councils. 

Each participating school district shall establish a district advisory 
council and shall also establish a school advisory council at each partici- 
pating school. Advisory councils established pursuant to this article shall 
comply with the ESEA, Title I, law and regulations pertaining to advisory 
councils. These councils shall include broad representation of the parent 
population served by this district or school respectively including socio- 
economic and ethnic groups represented in the district or school atten- 
dance area. 

(a) If Title I services are provided to students in nonpublic schools, 
each nonpublic school system with such students must be given the op- 
portunity to submit the name of a candidate(s) for the election of the dis- 
trict advisory council. 

(b) A nonpublic system may establish advisory councils at its schools 
which receive Title 1 services. 

(c) Applications for funds under this chapter must contain a certifica- 
tion of participation in the Title I/SCE planning process as follows: 

(1) District Application — the district advisory council chairperson; 

(2) School-level plans — the school advisory council chairperson; 

(3) The District Application — Nonpublic Schools section — a repre- 
sentative for the Nonpubhc Schools. 

NOTE: Authority cited: Section 54005, Education Code. Reference: 20 U.S.C. 
2735;45C.F.R. 116a.25. 

Article 9. Comparability 

§ 4424. Comparability of Services. 

(a) After July 1, 1979, in accordance with procedures established by 
the Department of Education, an application of a local educational 
agency for grants under Section 54420 of the California Education Code 
shall not be approved, nor payments made of SCE funds under a pre- 
viously approved application of such agency, unless that local education- 
al agency has demonstrated that exclusive of local, state, and federal cate- 
gorical funding, including School Improvement Programs, State 
Compensatory Education Programs, and programs pursuant to Chapter 
4, Article 4 of this division: 

(1) The number of children enrolled per full-time equivalent clas- 
sroom teacher and teacher's aide in schools pursuant to this section is not 
more than 105 percent of the average number of pupils per teacher and 



• 



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loacher's aide in ail public schools serving comparable grade levels in the 
applicant's districl. or 

(2) The annual expenditure per child for salaries per full-time equiva- 
lent teacher and teacher's aide, exclusive of that portion of salary based 
on longevity, in schools providing programs pursuant to this section is 
not less than 95 percent of expenditures per child in all public schools 
serving comparable grade levels in the applicant's district, or 

(3) The district can demonstrate to the satisfaction of the State Super- 
intendent of Public Instruction that the resources per pupil enrolled in 
each school pursuant to this section is not less than the resources per pupil 
in all of the schools within the district serving comparable grade levels. 

(b) After comparability has been demonstrated pursuant to subdivi- 
sion (a) of this section, and with prior approval of the Superintendent of 
Public Instruction, a local educational agency experiencing high student 
mobility need not make adjustments in order to maintain comparability 
unless the percentage amount computed under (a)( I ) is more than 1 1 or 
the percentage amount computed under (a)(2) is less than 90. 
NOTE: Authority cited: Sections 33031 and 54005, Education Code. Reference: 
Sections 54000-54005. Education Code: and 20 USC 2736, 34 CFR 201.120. 

History 
1 , Amendment filed 4-14-82: effective thirtieth day thereafter (Register 82, No. 

16). 



Article 10. California Preschool Program 

§ 4425. California State Preschool Program. 

California State Preschool Education Program funds are directed at 
children of low-income families. Preschool classes may be operated by 
any public agency or any private agency which meets eligibility require- 
ments. Classes may be operated without regard to specific school sites, 
but preferably should be established in target areas to serve children who 
reside within the attendance areas of schools eligible for ESEA, Title 1, 
or State Compensatory Education funds. 

In order for children to be eligible for entrance into a State Preschool 
Education Program, the children must have reached their third birthday 
and have not yet reached the legally eligible age for kindergarten. 
NOTE: Authority cited: Sections 54004-54005, Education Code. Reference: Sec- 
lion 8320, Education Code. 

§ 4426. Maintenance of Effort. 

Districts maintaining programs under this chapter shall assure that the 
sum of local and state apportionment resources utilized in programs for 
participating students has not been reduced. The following standards ap- 
ply: 

(a) Except as provided in subdivisions (c) and (d) of this section, the 
Superintendent of Public Instruction may approve an apphcation from a 
Local Education Agency (LEA) or state agency for state compensatory 
education funds only if it is demonstrated in the application that its ex- 
penditures of state and local funds for the education of children, either on 
an aggregate or average daily attendance basis, are not less for the first 
fiscal year preceding the fiscal year in which the agency is applying for 
funds than for the second preceding fiscal year. 

(b) In demonstrating compliance with the requirement in subdivision 
(a) of this section, only the following expenditures may be included in the 
computation: 

( 1 ) Expenditures by object classifications 1000 through 5000 series in 
the California School Accounting Manual, 1980 Edition, except expen- 
ditures for community service classes, and 

(2) Expenditures of federal funds received under Public Law 874 
(School Assistance in Federally Affected Areas). 

(c) In determining compliance with the requirement in subdivision (a) 
of this section, the Superintendent of Public Instruction may disregard a 
decrease of less than ten percent in allowable expenditures from the sec- 
ond preceding fiscal year to the first preceding fiscal year. 

(d) Upon written application, the Superintendent of Public Instruction 
may determine that the LEA or state agency is in substantial compliance 
with the requirement in subdivision (a) of this section, provided, the 



applicant demonstrates that any decrease in allowable expenditures from 
the second preceding fiscal year to the first preceding fiscal year did not 
result in any decrease in the level of services provided. 
NOTE: Authority cited: Sections 33031 and .54005. Education Code, Reterence: 
Section 54001, Education Code: and 20 USC 2736. 34 CER 200.60-200.61. 

History 

1. New section filed 4-14-82; effective thirtieth day thereafter (Regi.sier 82. No. 
16). 



Subchapter 7. Miscellaneous Programs 



Article 1. Schoolwide Programs 

§ 4500. Low Income Schoolwide Programs. 

EIA funds and/or local funds may be used to satisfy the requirement 
of Section 20 U.S.C. 2753(b)(7)(B) pertaining to low income schoolwide 
programs. 

Note; Authorilv cited: Section 54004, Education Code: 20 U.S.C. 2812. Refer- 
ence: 20 U.S.C. 2751. 

History 
1 . New Chapter 7 (Sections 4500-4503) filed 9-5-79; effective thirtieth day there- 
after (Register 79. No, 36). 

§ 4501 . Low Achievement Schoolwide Programs. 

(a) A school district may. after reviewing advice from the district par- 
ent advisory council established under Secfion 4423, use a portion of its 
EIA funds to satisfy the requirements of subsection (b) of this section. 

(b) Notwithstanding any provision of Chapters 5, 6, or 7 of this divi- 
sion, a school district may use a portion of its EIA funds and/or local 
funds to meet the needs of educationally disadvantaged students by im- 
proving the entire educational program in a school in which not less than 
75 percent of the students are educationally disadvantaged (in accor- 
dance with criteria used by the school district to safisfy the requirements 
of Section 4415) if the requirements of subsection (c) are met. 

(c) A school may be designated for a schoolwide program under sub- 
section (b) if: 

(1) A plan has been developed meeting the requirements of 20 U.S.C. 
2753(b)(1), (2). (3), (5), and (6); 

(2) The plan has been approved by the school advisory council estab- 
lished under Section 4423; 

(3) In the case of a school district in which there are one or more 
schools described in subsection (b) and there are also one or more other 
participating schools, the local educational agency makes EIA funds 
available for children in such schools described in subsection (b) in 
amounts which, per educationally disadvantaged child served, equal or 
exceed the amount of such funds made available per educationally disad- 
vantaged child served in such other schools; 

(4) EIA funds may be provided to such schools in amounts which, per 
child served who is not educationally disadvantaged, equal the amount 
of funds provided under this section which, per educationally disadvan- 
taged child served, are made available for children in such schools; and 

(5) The average per-pupil expenditure in schools described in subsec- 
tion (b) (excluding amounts expended under this section) for the fiscal 
year in which the plan is to be carried out will not be less than such expen- 
diture in such schools in the previous fiscal year. 

(d) The Superintendent of Public Instruction may approve the plan of 
any local educafional agency for a schoolwide program if that plan meets 
the requirements of subsection (c). 

(e) For any school with an approved plan under this section, the local 
school district shall be relieved of requirements with respect to: 

(1 ) Maintaining separate accounting records for each funding source. 

(2) Identifying particular students as being eligible to participate, and 

(3) Demonstrating that services provided from those funding sources 
are supplementary to the base program. The local district shall, however, 
demonstrate that the services provided in such schools are substantially 
greater than services furnished to schools without funding and shall meet 
all other school plan requirements contained in law and regulations. 



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NOTE: Authority cited: Sections 54004-54003, Education Code. Reference: 20 
U.S.C. 2753. 



Article 2. School Security 



§ 4502. Improvement of School Security. 

School districts may request that the Superintendent of Public Instaic- 
tion approve a specific portion of the ElA funds they receive be desig- 
nated for expenditure for noninstructional costs to improve school secu- 
rity. Such noninstructional expenditures may be used to meet costs 
arising from incidents of vandalism, necessary security costs, insurance 
costs, and/or other costs directly related to school security. In such appli- 
cation, school districts will specify the amounts of such funds and the 
purpose of such expenditures. No school district shall request an amount 
for such purposes which exceeds the portion of $2,000,000 that the stu- 
dent population (K-12) of such district represents of the student popula- 
tion (K-12) of the state. 

NOTE: Authority cited: Section 54007, Education Code. Reference: Section 
54007. Education Code. 

§ 4503. Alternative Program Options for Special Needs. 

(a) EIA funds may be used to carry out any or all of the three alternative 
special program options permitted by this section subject to the provi- 
sions of subsection (b). 

(b) Program options permitted by subsections (c), (d), and (e) of this 
section may only be exercised if: 

(1) The school parent advisory council has approved and the district 
parent advisory council has reviewed the implementation of such option. 

(2) The school proposing to exercise such option is a school which is 
participating in the state compensatory education program. 

(3) Not more than 25 percent of a district's EIA allocation is expended 
to carry out the program options authorized by this section and the 
school wide program options authorized by Sections 4500 and 4501. 

(4) A schoolwide needs assessment has been conducted to determine 
the necessity of providing such option(s). 

(c) Students who have been eligible and have participated in compen- 
satory education programs in accordance with the objective criterion es- 
tablished by the district pursuant to Sections 4414 and 4415 may contin- 
ue to participate in such services, even though such student no longer 
meets the objective criterion, if such student met the objective criterion 
in either of the two preceding fiscal years. 

(d) In schools with more than 50 percent of their students from low in- 
come families (determined in accordance with Section 4412), students 
who do not meet the objective criterion established by the district pur- 
suant to Sections 4414 and 4415, but who test below the 90th percentile 
(as established through the use of the appropriate test instruments pur- 
suant to Section 4414) may be eligible to receive excess cost services in 
order that they may be assisted in reaching their full potential. 

(e) If adequately documented in a schoolwide needs assessment, a par- 
ticipating SCE school may use EIA funds to conduct a schoolwide proj- 
ect which is explicitly designed to provide assistance to the educationally 
disadvantaged students attending such schools. 

NOTE: Authority cited: Section 54005, Education Code. Reference: Section 
54004.1, Education Code. 

Subchapter 8. Bilingual Education 
Programs 

NOTE: Authority cited: Section 54020, Education Code. Reference: Section 
54004.7, Education Code. 

History 

1. Repealer of Chapter 8 (Sections 4300-4305) filed 9-5-79; effective thirtieth 
day thereafter (Register 79, No. 36). For history of former chapter, see Registers 

78, No. 20; 77, No. 39; and 75, No. 21. 



Subchapter 9. Bilingual-Bicultural 
Education Programs 

NOTE: Authority cited: Section 54020. Education Code. Reference: Section 

54004.7. Education Code. 

History 

1 . Repealer of Chapter 9 (Articles 1 -4; Sections 43 1 0^322. not consecutive) filed 
9-5-79; effective thirtieth day thereafter (Register 79, No. 36). For history of 
former chapter, see Registers 78. No. 20; 77, No. 39; and 77. No. 13. 

Chapter 5.1. Uniform Complaint 
Procedures 



Subchapter 1. Complaint Procedures 



Article 1. Definitions 

§ 4600. General Definitions. 

As used in this chapter, the term: 

(a) "Appeal" means a request made in writing to a level higher than the 
original reviewing level by an aggrieved party requesting reconsidera- 
tion or a reinvestigation of the lower adjudicating body's decision. 

(b) "Beginning of the year or semester" means the first day classes nec- 
essary to serve all the students enrolled are established with a single des- 
ignated certificated employee assigned for the duration of the class, but 
not later than 20 working days after the first day students attend classes 
for that semester. 

(c) "Complainant" means any individual, including a person's duly 
authorized representative or an interested third party, public agency, or 
organization who files a written complaint alleging violation of federal 
or state laws or regulations, including allegations of unlawful discrimina- 
tion in programs and activities funded directly by the state or receiving 
any financial assistance from the state. 

(d) "Complaint" means a written and signed statement alleging a vio- 
lation of federal or state laws or regulations, which may include an allega- 
tion of unlawful discrimination. If the complainant is unable to put the 
complaint in writing, due to conditions such as a disability or illiteracy, 
the public agency shall assist the complainant in the filing of the com- 
plaint. 

(e) "Complaint investigation" means an administrative process used 
by the Department or local educational agency for the purpose of gather- 
ing data regarding the complaint. 

(f) "Complaint procedure" means an internal process used by the De- 
partment or local educational agency to process and resolve complaints. 

(g) "Days" means calendar days unless designated otherwise. 

(h) "Department" means the California Department of Education. 

(i) "Direct state intervention" means the steps taken by the Department 
to initially investigate complaints or effect compliance. 

(j) "Educational institution" means a public or private preschool, ele- 
mentary, or secondary school or institution, the governing board of a 
school district, or any combination of school districts or counties recog- 
nized as the administrative agency for public elementary or secondary 
schools. 

(k) "Facilities that pose an emergency or urgent threat to the health or 
safety of pupils or staff means a condition as defined in paragraph (1) 
of subdivision (c) of section 17592.72 and any other emergency condi- 
tions the school district determines appropriate. 

(/) "Good repair" shall have the same definition as that found in Educa- 
tion Code section 17002(d). 

(m) "Instructional materials" means all materials that are designed for 
use by pupils and their teachers as a learning resource and help pupils to 
acquire facts, skills, or opinions or to develop cognitive processes. 
Instructional materials may be printed or nonprinted, and may include 



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textbooks, technology-based materials, other educational materials, and 
tests. 

(n) "Local agency" means a school district governing board or a local 
public or private agency which receives direct or indirect funding or any 
other financial assistance from the state to provide any school programs 
or activities or special education or related services. 

(o) "Local educational agency" (LEA) includes any public school dis- 
trict and county office of education or direct-funded charter school. 

(p) "Mediation" means a problem solving activity whereby a third 
parly assists the parties lo the dispute in resolving the complaint. 

(q) "Misassignment" means the placement of a certificated employee 
in a leaching or services position for which the employee does not hold 
a legally recognized certificate or credential or the placement of a certifi- 
cated employee in a teaching or services position that the employee is not 
otherwise authorized by slalute to hold. 

(r) "Public agency" means any local agency or state agency. 

(s) "State agency" means the Stale Departments of Mental Health or 
Health Services or any other state administrative unit that is or may be 
required to provide special education or related services to children with 
disabilities pursuant to Government Code section 7570 et seq. 

ft) "State mediation agreement" means a written, voluntary agreement 
approved by the Department, which is developed by the parties to the dis- 
pute, which resolves the allegations of the complaint. 

(u) "Subject matter competency" means the teacher meets the applica- 
ble requirements of Chapter 6, article 1, subchapter 7 of these regula- 
tions, commencing with section 6100, for the course being taught. 

(v) "Sufficient textbooks or instructional materials" means that each 
pupil, including English learners, has a textbook or instructional materi- 
als, or both, to use in class and to take home but does not require two sets 
of textbooks or instructional materials for each pupil. Sufficient text- 
books or instructional materials does not include photocopied sheets 
from only a portion of a textbook or instructional materials copied to ad- 
dress a shortage. 

(w) "Superintendent" means the Superintendent of Public Instruction 
or his or her designee. 

(x) "Teacher vacancy" means a position to which a single designated 
certificated employee has not been assigned at the beginning of the year 
for an entire year or, if the position is for a one-semester course, a posi- 
tion of which a single designated certificated employee has not been as- 
signed at the beginning of a semester for an entire semester. 
NOTE; Authority cited: Sections 221.1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Sections 200, 201, 210.1, 220, 17002(d), 
17592.72, 331 26(b)(5)(A) and (B) and 60010, Education Code; and Sections 
1 1 1 35 and 1 11 38, Government Code. 

History 

1 . New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment of section and Note filed 12-29-2005; operative 1 2-29-2005 pur- 
suant to Government Code section 1 1343.4 (Register 2005, No. 52). 

3. Change without regulatory effect amending subsection (/) filed 6-19-2008 pur- 
suant to section 1 00, title 1, California Code of Regulations (Register 2008, No. 

25). 



Article 2. Purpose and Scope 



§ 4610. Purpose and Scope. 

(a) This Chapter applies to the filing, investigation and resolution of 
a complaint regarding an alleged violation by a local agency of federal 
or state law or regulations governing educational programs, including al- 
legations of unlawful discrimination. The purpose of this chapter is to es- 
tablish a uniform system of complaint processing for specified programs 
or activities that receive state or federal funding. 

(b) This chapter applies to the following programs administered by the 
Department: 

( 1 ) Adult Education programs established pursuant to Education Code 
sections 8500 through 8538 and 52500 through 52616.4; 



(2) Consolidated Categorical Aid Programs as listed in Education 
Code section 64000(a); 

(3) Migrant Education established pursuant to Education Code sec- 
tions 54440 through 54445: 

(4) Career Technical and Technical Education and Career Technical 
and Technical Training Programs established pursuant to Education 
Code sections 52300 through 52480; 

(5) Child Care and Developtnent Programs established pursuant to 
Education Code sections 8200 through 8493; 

(6) Child Nutrition Programs established pursuant to Education Code 
sections 49490 through 49570; and 

(7) Special Education Programs established pursuant to Education 
Code sections 56000 through 56885 and 59000 through 59300. 

(c) This chapter also applies to the filing of complaints which allege 
unlawful discrimination against any protected group as identified under 
Education Code section 200 and 220 and Government Code section 
11135, including actual or perceived sex, sexual orientation, gender, eth- 
nic group identification, race, ancestry, national origin, religion, color, 
or mental or physical disability, or age. or on the basis of a person's 
association with a person or group with one or more of these actual or per- 
ceived characteristics, in any program or activity conducted by a local 
agency, which is funded directly by, or that receives or benefits from any 
state financial assistance. 

(d) Nothing in these regulations shall prevent a local educational 
agency from using its local uniform complaint procedure to address com- 
plaints not listed in this section. 

(e) The Department will develop a pamphlet for parents that will ex- 
plain the Uniform Complaint Procedures in a user friendly manner and 
post this pamphlet on the Department's Web site. 

NOTE; Authority cited: Sections 221.1, 8261, 33031. 49531, 49551. 54445. 
52355. 52451 , and 56100(a) and (J), Education Code; and Section 1 1 1 38, Govern- 
ment Code. Reference: Sections 200, 220, 260, and 49556. Education Code; Sec- 
lions 11135 and 1 1 138, Government Code; and 34 CFR 106.1-106.8 and 
299.10-299.11. 

History 

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment of section and Note filed 1 2-29-2005; operative 1 2-29-2005 pur- 
suant to Government Code section 1 1 343.4 (Register 2005, No. 52). 

§ 4611 . Referring Complaint Issues to Other Appropriate 
State or Federal Agencies. 

The following complaints shall be referred to the specified agencies 
for appropriate resolution and are not subject to the local and Department 
complaint procedures set forth in this chapter unless these procedures are 
made applicable by separate interagency agreements: 

(a) Allegations of child abuse shall be referred to the applicable 
County Department of Social Services (DSS), Protective Services Divi- 
sion or appropriate law enforcement agency. However, nothing in this 
section relieves the Department from investigating complaints pursuant 
to section 4650(a)(8)(C) herein. 

(b) Health and safety complaints regarding a Child Development Pro- 
gram shall be referred to Department of Social Services for licensed faci- 
hties, and to the appropriate Child Development regional administrator 
for licensing-exempt facilities. 

(c) Employment discrimination complaints shall be sent to the State 
Department of Fair Employment and Housing (DFEH) pursuant to title 
22, CCR, section 98410. The complainant shall be notified by first class 
mail of any DFEH transferral. 

(d) Allegations of fraud shall be referred to the responsible Depart- 
ment Division Director who may consult with the Department's Legal 
and Audits Branch. 

Note: Authority cited: Sections 221.1 and 33031. Education Code; and Section 
11138, Government Code. Reference; Sections 200, 220 and 48987, Education 
Code; Sections 11135, 11136. 11138 and 12960. Government Code; Section 
11166, Penal Code; and 34 CFR 106.1-106.8. 

History 

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment of subsection (a) and Note filed 4-27-92 as an emergency; opera- 
tive 4-27-92 (Register 92, No. 1 8). A Certificate of Compliance must be trans- 



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mitted to OAL 8-25-92 or emergency language will be repealed by operation 
of law on the following day. 

3. Certificate of Compliance as to 4-27-92 order transmitted to OAL 10-15-92 
and filed 10-28-92 (Register 92, No. 44). 

4. Change without regulatory effect amending subsection (c), adopting new sub- 
section (d) and relettering subsections filed 1 2-1 6-93 pursuant to title 1 , section 
100. California Code of Regulations (Register 93, No. 51). 

5. Amendment of section and Note filed 1 2-29-2005; operative 12-29-2005 pur- 
suant to Government Code section 1 1343.4 (Reei.ster 2005. No. 52). 



Article 3. 



Local Educational Agency 
Compliance 



§ 4620. Local Educational Agency Responsibilities. 

Each local educational agency shall have the primary responsibility to 
insure compliance with applicable state and federal laws and regulations. 
Each local educational agency shall investigate complaints alleging fail- 
ure to comply with applicable state and federal laws and regulations and/ 
or alleging discrimination, and seek to resolve those complaints in accor- 
dance with the procedures set out in this chapter and in accordance with 
the policies and procedures of the governing board. 
NOTE: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
1 1 1 38, Government Code. Reference: Section 200, 220 and 260, Education Code; 
Section 1 1 135, Government Code; and 34 CFR 106.8. 

History 

1. New section tiled 8-26^91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment of article 3 heading and amendment of section and Note filed 
12-29-2005; operative 12-29-2005 pursuant to Government Code section 
1 1343.4 (Register 2005, No. 52). 

§ 4621. District Policies and Procedures. 

(a) Each local educational agency shall adopt policies and procedures 
not inconsistent with sections 4600-4695 of this chapter for the investi- 
gation and resolution of complaints. Local policies shall ensure that com- 
plainants are protected from retaliation and that the identity of a com- 
plainant alleging discrimination remain confidential as appropriate. 
School Districts and County Offices of Education shall submit their poh- 
cies and procedures to the local governing board for adoption. 

(b) Each local educational agency shall include in its policies and pro- 
cedures the person(s), employee(s) or agency position(s) or unit(s) re- 
sponsible for receiving complaints, investigating complaints and ensur- 
ing local educational agency compliance. The local educational agency's 
policies shall ensure that the person(s), employee(s), position(s) or 
unit(s) responsible for compliance and/or investigations shall be knowl- 
edgeable about the laws/programs that he/she is assigned to investigate. 

(c) Except for complaints under sections 4680-4687 regarding 
instructional materials, emergency or urgent facilities conditions that 
pose a threat to the health or safety of pupils or staff, and teacher vacan- 
cies or misassignments, the local educational agency may provide a com- 
plaint form for persons wishing to file a complaint to fill out and file. A 
complaint form shall be provided for complaints regarding instructional 
materials, emergency or urgent facilities conditions that pose a threat to 
the health or safety of pupils or staff, and teacher vacancies or misassign- 
ments. However, a person is not required to use the complaint form fur- 
nished by the local educational agency in order to file a complaint. 
NOTE: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Sections 200, 220 and 260, Education 
Code; Section 1 1 135, Government Code; and 34 CFR 106.8 and 299.10-299.1 1. 

History 

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pur- 
suant to Government Code section 1 1343.4 (Register 2005, No. 52). 

§ 4622. Notice. 

Each local educational agency shall annually notify in writing, as 
applicable, its students, employees, parents or guardians of its students, 
the district advisory committee, school advisory committees, appropriate 
private school officials or representatives, and other interested parties of 
their local educational agency complaint procedures, including the op- 
portunity to appeal to the Department and the provisions of this chapter. 



The notice shall include the identity (identities) of the person(s) responsi- 
ble for processing complaints. The notice shall also advise the recipient 
of any civil law remedies that may be available under state or federal dis- 
crimination laws, if applicable, and of the appeal pursuant to Education 
Code section 262.3. This notice shall be in English, and when necessary, 
in the primary language, pursuant to section 48985 of the Education 
Code, or mode of communication of the recipient of the notice. Copies 
of local educational agency complaint procedures shall be available free 
of charge. 

NOTE: Authority cited: Sections 200, 220, 221.1, 262.3 and 33031, Education 
Code; and Section 1 1 138, Government Code. Reference: Sections 200 and 220, 
Education Code; Sections 11135 and 11138, Government Code; and 34 CFR 
106.8 and 299.11. 

History 

1 . New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment of section heading, section and Note filed 12-29-2005; operative 
12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, 

No. 52). 



Article 4. Local Complaint Procedures 

§ 4630. Filing a Local Complaint; Procedures, Time Lines. 

(a) Except for complaints under sections 4680^687 regarding 
instructional materials, emergency or urgent facilities conditions that 
pose a threat to the health or safety of pupils or staff, and teacher vacan- 
cies or misassignments, and complaints that allege discrimination, any 
individual, public agency or organization may file a written complaint 
with the district superintendent or his or her designee alleging a matter 
which, if true, would constitute a violation by that local educational 
agency of federal or state law or regulation governing a program listed 
in section 4610(b) of this chapter. 

(b) An investigation of alleged unlawful discrimination shall be initi- 
ated by filing a complaint not later than six months from the date the al- 
leged discrimination occurred, or the date the complainant first obtained 
knowledge of the facts of the alleged discrimination unless the time for 
filing is extended by the district superintendent or his or her designee, 
upon written request by the complainant setting forth the reasons for the 
extension. Such extension by the district superintendent or his or her de- 
signee shall be made in writing. The period for filing may be extended 
by the district superintendent or his or her designee for good cause for a 
period not to exceed 90 days following the expiration of the six month 
time period. The district superintendent shall respond immediately upon 
a receipt of a request for extension. 

(1) The complaint shall be filed by one who alleges that he or she has 
personally suffered unlawful discrimination, or by one who believes an 
individual or any specific class of individuals has been subjected to dis- 
crimination prohibited by this part. 

(2) The complaint shall be filed with the local educational agency in 
accordance with the complaint procedures of the local educational 
agency. 

(3) An investigation of a discriminaUon complaint shall be conducted 
in a manner that protects confidentiality of the parties and maintains the 
integrity of the process. 

NOTE: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
11138. Government Code. Reference: Sections 200 and 220, Education Code; 
Sections 11135, 11136, and 11138, Government Code; and 34 CFR 106.8. 

History 

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment of section and Note filed 1 2-29-2005; operative 12-29-2005 pur- 
suant to Government Code section 1 1343.4 (Register 2005, No. 52). 

§ 4631 . Responsibilities of the Local Educational Agency. 

(a) Except for complaints regarding instructional materials, emergen- 
cy or urgent facilities condifions that pose a threat to the health or safety 
of pupils or staff, and teacher vacancies or misassignments, which must 
be processed in accordance with sections 4680-4687, within 60 days 
from the date of the receipt of the complaint, the local educational agency 
person responsible for the invesfigation of the complaints or his or her 



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designee shall conduct and complete an investigation of the complaint in 
accordance with the local procedures adopted pursuant to section 4621 
and prepare a written Local Educational Agency Decision. This time pe- 
riod may be extended by written agreement of the complainant. 

(b) The investigation shall include an opportunity for the complainant, 
or the complainant's representative, or both, to present the complaint(s) 
and evidence or information leading to evidence to support the allega- 
tions of non-compliance with state and federal laws and/or regulations. 

(c) Refusal by the complainant to provide the investigator with docu- 
ments or other evidence related to the allegations in the complaint, or to 
otherwise fail or refuse to cooperate in the investigation or engage in any 
other obstruction of the investigation, may result in the dismissal of the 
complaint because of a lack of evidence to support the allegations. 

(d) Refusal by the local agency to provide the investigator with access 
to records and/or other information related to the allegation in the com- 
plaint, or to otherwise fail or refuse to cooperate in the investigation or 
engage in any other obstruction of the investigation, may result in a find- 
ing based on evidence collected that a violation has occurred and may re- 
sult in the imposition of a remedy in favor of the complainant. 

(e) The local educational agency should issue a Decision (the Deci- 
sion) based on the evidence. The Decision shall be in writing and sent to 
the complainant within 60 days from receipt of the complaint by the local 
educational agency. The Decision should contain: 

( 1 ) the findings of fact based on the evidence gathered, 

(2) conclusion of law, 

(3) disposition of the complaint, 

(4) the rationale for such disposition, 

(5) corrective actions, if any are warranted, 

(6) notice of the complainant's right to appeal the local educational 
agency Decision to the Department, and 

(7) procedures to be followed for initiating an appeal to the Depart- 
ment. 

(f) Nothing in this chapter shall prohibit the parties from utilizing alter- 
native methods to resolve the allegations in the complaint, including, but 
not limited to, mediation. 

(g) Nothing in this chapter shall prohibit a local educational agency 
from resolving complaints prior to the formal filing of a written com- 
plaint. 

NOTE: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Sections 200 and 220, Education Code; 
Sections 11135, 11136, and 11138, Government Code; and 34 CFR 106.8. 

History 

1 . New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment of section heading, section and Note filed 12-29-2005; operative 
12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, 

No. 52). 



Article 4.5. Appeal of Local Educational 
Agency Decision 



§ 4632. Appeal of Local Educational Agency Decision — 
Grounds. 

(a) Except for complaints under sections 4681 and 4682 regarding 
instructional materials and teacher vacancies or misassignments, a com- 
plainant may appeal a Decision to the Department by filing a written ap- 
peal within 15 days of receiving the Decision. 

(b) The complainant shall specify the basis for the appeal of the Deci- 
sion and whether the facts are incorrect and/or the law is misapplied. 

(c) The appeal shall be accompanied by: 

(1) a copy of the locally filed complaint; and 

(2) a copy of the Decision. 

(d) If the Department determines the appeal raises issues not contained 
in the local complaint, the Department will refer those new issues back 
to the local educational agency for resolution as a new complaint under 
section 4630 or 4631. 



(e) If the Department determines that the Decision failed to address an 
issue raised by the complaint, the Department shall refer the matter to the 
local educational agency to make the necessary findings and conclusions 
on any issue not addressed. The local educational agency will address the 
issue within 20 days from the date of the referral. 

NOTE: Authority cited: Sections 200, 221 , 1 and 33031 . Education Code; and Sec- 
tion 11138, Government Code. Reference: Sections 11135. 11136 and 11138. 
Government Code; .34 CFR 106,8; and 34 CFR 299.10(a)(2). 

History 

1, New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Renumbering of former section 4632 to section 4633 and renumbering of former 
section 4652 to section 4632, including new article 4.5 heading, and amendment 
of section heading, section and Nort filed 12-29-2005; operative 12-29-2005 
pursuant to Government Code section 1 1343.4 (Register 2005, No. 52). 

§ 4633. Appeal of Local Educational Agency Decision. 

(a) If the Decision is appealed, the Department shall notify the local 
educational agency of the appeal. Upon nofification by the Department 
that the Decision has been appealed, the local educational agency shall 
forward the following to the Department: 

(1) A copy of the original complaint; 

(2) A copy of the Decision; 

(3) A summary of the nature and extent of the investigation conducted 
by the local educational agency, if not covered in the Decision; 

(4) A copy of the investigafion file, including but not limited to, all 
notes, interviews and docuinents submitted by the parlies or gathered by 
the investigator; 

(5) A report of any action taken to resolve the complaint; 

(6) A copy of the local educational agency complaint procedures; and 

(7) Such other relevant information as the Department may request. 

(b) The Department shall not receive evidence from the parties that 
could have been presented to the local educational agency investigator 
during the investigation, unless requested by the Department. Any confi- 
dential information or pupil information in the investigative file shall re- 
main confidenfial and shall not be disclosed by the Department. 

(c) The Department may contact the parties for further information, if 
necessary. 

(d) The Department shall review the invesfigation file, the summary 
of the nature and extent of the invesfigation conducted by the local educa- 
tional agency, the complaint procedures, documents and any other evi- 
dence received from the local educational agency and determine whether 
substanUal evidence exists: 

(1) That the local educational agency followed its complaint proce- 
dures; and 

(2) That the relevant findings of fact in the Decision which are the sub- 
ject of the appeal are supported by the evidence. 

(e) The Department shall review the conclusions of law which are the 
subject of the appeal and determine whether they are correct. 

(f) If the Department determines that the Decision is deficient because 
it lacks findings of fact and conclusions of law regarding the subject of 
the appeal, the Department may return the Decision to the local educa- 
tional agency in order to correct the deficiencies within 20 days of the re- 
turn. 

(g) If the Department finds that the Decision is supported by substan- 
tial evidence, and that the legal conclusions are not contrary to law, the 
appeal shall be denied. 

(h) If the Department finds the grounds for the appeal have merit: 

(1 ) The Department may, if there is a lack of substanfial evidence or 
a procedural defect in the investigation, remand the investigation to the 
local educafional agency for further investigafion of the allegations 
which are the subject of the appeal; or 

(2) The Department may issue a decision based on the evidence in the 
investigation file received from the local educational agency; or 

(3) If the Department determines that it is in the best interest of the par- 
ties, conduct a further investigation of the allegations which are the basis 
for the appeal and issue a decision following further investigation. 

(i) If the Department finds merit in the appeal, the Department's deci- 
sion on appeal shall contain the following: 



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Title 5 



(1) A finding that the local educational agency complied or did not 
comply with its complaint procedures; 

(2) The Department's findings of fact and conclusions of law regard- 
ing the issue on appeal; and 

(3) Where a determination is made that the local educational agency 
failed to comply with the applicable state or federal law or regulation, re- 
medial orders and/or required actions to address the violation(s). 
NOTE; Authority cited: Sections 221.1 and 33031; and Section 11138, Govern- 
ment Code. Reference: Sections 200 and 220, Education Code; Sections 1 1 135, 
1 1 136 and 1 1138, Government Code; 34 CFR 106.8; and 34 CFR 299.10(a)(2). 

History 

1. Renumbering of former section 4632 to new section 4633, including amend- 
ment of section heading, section and Note filed 12-29-2005; operative 
12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, 

No. 52). 



Article 5. State Complaint Procedures 

§ 4640. Filing a State Complaint That Has Not First Been 
Filed at the Local Educational Agency; Time 
Lines, Notice, Appeal Rights. 

Referral to the Local Educational Agency for Local Resolution. 

(a) If a complaint is erroneously filed with the Department without 
first being filed with and investigated by the local educational agency, 
the Department shall immediately forward the complaint to the local 
educational agency for processing in accordance with article 4 of this 
chapter, unless extraordinary circumstances exist necessitating direct 
state intervention as described at section 4650. 

(b) A letter shall be sent by first class mail to the complainant(s) notify- 
ing him, her, or them that: 

(1) The Department does not have jurisdiction, at this time, over the 
complaint and that the complaint should have been filed with the local 
educational agency in the first instance; 

(2) That the complaint has been transferred to the local educational 
agency requesting the local educafional agency to process and investi- 
gate the allegation in the complaint; and 

(3) That the complainant may file an appeal to the Department follow- 
ing the issuance of the Decision, if he or she believes as a matter of fact 
or law the Decision is incorrect. 

NOTE: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Sections 200 and 220, Education Code; 
Sections 111 35, 1 1 136, and 1 1 1 38, Government Code; 34 CFR 1 06.8; and 34 CFR 
299.10(a)(2). 

History 

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment of section heading, section and Note filed 12-29-2005; operative 
12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, 
No. 52). 



Article 6. Direct State Intervention 

§ 4650. Basis of Direct State Intervention. 

(a) Except for complaints under secfions 4680, 4681, 4682 and 4683 
regarding instructional materials, teacher vacancies or misassignments, 
and condition of a facility, the Department shall directly intervene with- 
out waiting for local educational agency investigation if one or more of 
the following situafions exist: 

( 1 ) The complaint includes an allegation, and the Department verifies, 
that a local educafional agency failed to comply with the complaint pro- 
cedures required by this Chapter and its local rules and regulations, in- 
cluding, but not limited to, the failure or refusal of the local educational 
agency to cooperate with the invesfigafion; 

(2) The complaint relates to an agency that is not a local educational 
agency funded through the Child Development or Child Nutrifion Pro- 
grams; 

(3) The complainant requests anonymity because he or she would be 
in danger of retaliafion and would suffer immediate and irreparable harm 
if he or she filed a complaint with the local educational agency; 



(4) The complainant alleges that the local educational agency failed or 
refused to implement the final decision resulting from its local investiga- 
tion or local mediation agreement; 

(5) The complainant alleges and the Department verifies that through 
no fault of the complainant, no acfion has been taken by the local educa- 
fional agency within 60 calendar days of the date the complaint was filed. 
Prior to direct intervenfion, the Department shall attempt to work with the 
local educational agency to allow it to complete the investigafion and is- 
sue a Decision. 

(6) The complainant alleges and the Department verifies that he or she 
would suffer immediate and irreparable harm as a result of an applicafion 
of a district-wide policy that is in conflict with state or federal law cov- 
ered by this Chapter, and that filing a complaint with the local educational 
agency would be fufile. 

(7) For complaints relafing to special educafion, any one of the follow- 
ing shall be a condition for direct state intervenfion: 

(A) The complainant alleges that a public agency, other than a local 
educafional agency, as specified in Government Code secfion 7570 et 
seq.. fails or refuses to comply with an applicable law or regulafion relat- 
ing to the provision of free appropriate public education to individuals 
with disabilities; 

(B) The complainant alleges that the local educational agency or pub- 
lic agency fails or refuses to comply with the due process procedures es- 
tablished pursuant to federal and state law and regulafion; or has failed 
or refused to implement a due process hearing order; 

(C) The complainant alleges facts that indicate that the child or group 
of children may be in immediate physical danger or that the health, safety 
or welfare of a child or group of children is threatened. 

(D) The complainant alleges that an individual with a disability is not 
receiving the special educafion or related services specified in his or her 
individualized educafional program (lEP). 

(E) The complaint involves a violafion of federal law governing spe- 
cial education, 20 U.S. C. secfion 1400 et seq., or its implemenfingregula- 
fions. 

(b) The complaint shall idenfify the basis, as described in subdivision 
(a) above, for filing the complaint directly to the Department. The com- 
plainant must present the Department with clear and verifiable evidence 
that supports the basis for the direct filing, except as in subdivision (a)(7). 

NOTE: Authority cited: Section 221.1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Sections 200 and 220, Education Code; 
Sections n 135, 1 1 136, and 11 138, Government Code; 34 CFR 106.8; and 34 CFR 
299.10(a)(2). 

History 

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment ofsection and Note filed 12-29-2005; operative 1 2-29-2005 pur- 
suant to Government Code section 1 1343.4 (Register 2005, No. 52). 

§4651. Notification. 

When the Department receives a complaint requesting direct State in- 
tervenfion. the Department shall determine whether the complaint meets 
one or more of the criterion specified in secfion 4650 for direct State in- 
tervention and shall immediately notify the complainant by first class 
mail of the determination to accept the complaint without a local educa- 
tional agency invesfigation and/or Decision. If the complaint is not ac- 
cepted, it shall be referred to the local educational agency for local inves- 
figation, or referred to another agency pursuant to secfion 461 1. 
NOTE: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Sections 200 and 220, Education Code; 
Sections 1 1 1 35, 1 1 1 36 and 1 1 1 38, Government Code; 34 CFR 106.8; and 34 CFR 
299.10(a)(2). 

History 

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment ofsection heading, section and Note filed 12-29-2005; operative 
12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, 

No. 52). 

§ 4652. Appealing Local Agency Decisions. 

Note. Authority cited: Sections 232 and 33031, Education Code; Secfion 1 1 1 38, 
Government Code. Reference: Secfions 11135, 11136, and 11138, Government 
Code; 34 CFR 76.780-76.783 and 106.8. 



Page 90 



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Title 5 



California Department of Education 



§4665 



History 

1 . New section filed 8-26-91 ; operative 9-23-91 (Register 92. No. 3). 

2. Renumbering of former section 4652 to section 4632 filed I2-29-200.S; opera- 
tive 12-29-200.'i pursuant to Government Code section 11343.4 (Register 
200.S. No. 52). 



Article 7. State Investigation Procedures 

§ 4660. Department Resolution Procedures. 

(a) When the Deparlment determines that direct Slate intervention is 
warranted pursuant to any provision of section 4650. the following pro- 
cedures shall be used to resolve the issues of the complaint: 

( 1 ) The Department shall consider alternative methods to resolve the 
allegations in the complaint. 

(2) If both parties request mediation, the Department shall offer to 
mediate the dispute which may lead to a state mediation agreement. 

(3) The Department shall conduct an investigation, including an on- 
site investigation if necessary, into the allegations in the complaint unless 
a settlement agreement has been reached between the parties that dis- 
poses of all the issues in the complaint. 

NOTE: Authority cited: Sections 200, 22 1 . 1 and 3303 1, Education Code: and Sec- 
tion 11138, Government Code. Reference: Sections 11135, 11136 and 11138. 
Government Code; 34 CFR 106.8; and 34 CFR 299.10(a)(2). 

History 

1 . New section filed 8-26-91 ; operaUve 9-25-91 (Register 92, No. 3). 

2. Amendment of article 7 heading, section and Note filed 1 2-29-2005; operative 
12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, 

No. 52). 

§ 4661 . Mediation Procedures; State l\/lediation 
Agreements; Notice. 

NOTE: Authority cited: Sections 232 and 33031, Education Code; and Secuon 
1 1 138. Government Code. Reference: Sections 1 1 135, 1 1 136, and 1 1 138, Gov- 
ernment Code; and 34 CFR 106.8. 

History 

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Repealer of section and amendment of Note filed 12-29-2005; operative 
12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, 

No. 52). 

§ 4662. Investigation Timeline. 

(a) Each party in the dispute shall be sent written notification by the 
Department of the name(s) of the investigator(s) and the investigation 
date(s). if known. The notice shall explain the investigation process. 

(b) An investigation will be completed within 60 days after receiving 
a request for direct intervention or an appeal request, unless the parties 
have agreed to extend the time lines. The Department may grant exten- 
sions for the investigation if exceptional circumstances exist that consti- 
tute good cause with respect to the particular complaint, and provided 
that the complainant is informed of the extension and the reasons there- 
fore and provided that the facts supporting the extension are documented 
and maintained in the complaint file. 

NOTE: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
1 1 138, Government Code. Reference: Sections 200 and 220, Education Code; 
Sections 11135,111 36, and 1 1 1 38, Government Code; 34 CFR 1 06.8; and 34 CFR 
299.10(a)(2). 

History 

1. New section filed 8-26-91; operafive 9-25-91 (Register 92, No. 3). 

2. Amendment of section heading, section and Note filed 12-29-2005; operative 
12-29-2005 pursuant to Government Code secfion 11343.4 (Register 2005, 

No. 52). 

§ 4663. Department Investigation Procedures. 

(a) The investigator(s) shall request all documentation and other evi- 
dence regarding the allegations in the complaint. 

(b) The investigation shall include an opportunity for the complainant, 
or the complainant's representative, or both, to present the complaint(s) 
and evidence or information leading to evidence to support the allega- 
tions of non-compliance with state and federal laws and/or regulations. 

(c) Refusal by the complainant to provide the investigator with docu- 
ments or other evidence related to the allegations in the complaint, or to 



otherwise fail or refuse to cooperate in the investigation or engage in any 
other obstruction of the investigation may result in the dismissal of the 
complaint because of a lack of evidence to support the allegations. 

(d) Refusal by the local educational agency to provide the investigator 
with access to records and/or other information related to the allegation 
in the complaint, or to otherwise fail or refuse to cooperate in the inves- 
tigation or engage in any other obstruction of the investigation may result 
in a finding based on evidence collected that a violation has occurred and 
may result in the imposition of a remedy in favor of the complainant. 
NOTE: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Sections 200 and 220, Fiducation Code; 
Sections 1 1 135, 1 1 136 and 1 11 38, Government Code; 34 CFR 76.1 and 106.8; and 
34 CFR 299.10(a)(2). 

History 

1. New section filed 8-26-91; operative 9-25-91 (Register 92. No. 3). 

2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pur- 
suant to Government Code section 1 1343.4 (Register 2005, No. 52). 

§ 4664. Department Investigation Report. 

(a) An investigation report shall be issued. The investigation report 
shall include the following: 

(1) A summary of the allegations in the complaint; 

(2) A description of the general procedures of the investigation: 

(3) Citations of applicable law and regulations; 

(4) Department findings of facts; 

(5) Department conclusions; 

(6) LEA required actions, if applicable; 

(7) LEA recommended specific actions, if applicable; 

(8) Time line for correcfive actions, if applicable; and 

(9) Notice that any party may request reconsideration of the Depart- 
ment's report from the Superintendent of Public Instruction within .35 
days of the receipt of the report. 

(10) For those programs governed by Part 76 of Title 34 of the Code 
of Federal Regulations, the parties shall be notified of the right to appeal 
to the United States Secretary of Education. 

(b) An investigation report shall be mailed to the parties within 60 days 
from the conclusion of the investigation. 

NotE: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Sections 200 and 221, Education Code; 
Sections 1 1 1 35, 1 1 1 36 and 1 1 1 38, Government Code; 34 CFR 1 06.8; and 34 CFR 
299.10(a)(2). 

History 

1. New secfion filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment of section and Note filed 1 2-29-2005; operafive 12-29-2005 pur- 
suant to Government Code section 1 1.343.4 (Register 2005, No. 52). 

§ 4665. Discretionary Reconsideration of Department 
Investigation Report. 

(a) Within 35 days of receipt of the Department investigation report, 
either party may request reconsideration by the Superintendent. The re- 
quest for reconsideration shall designate the finding(s). conclusion(s), or 
corrective action(s) in the Department's report to be reconsidered and 
state the specific basis for reconsidering the designated finding(s), con- 
clusion(s) or corrective action(s). The request for reconsideration shall 
also state whether the findings of fact are incorrect and/or the law is mis- 
applied. 

(b) Within 35 days of the receipt of the request for reconsideration, the 
Superintendent or his or her designee may respond in writing to the par- 
ties modifying the specific finding(s), conclusion(s), or corrective ac- 
tion(s) for which reconsiderafion is requested, or denying the request for 
reconsideration. Pending the Superintendent's reconsideration, the De- 
partment report remains in effect and enforceable. 

(c) Appeals by private agencies regarding Child Care Food Programs 
shall be made to the State Office of Administrative Hearings in accor- 
dance with applicable laws and regulations. 

(d) Appeals from investigations of complaints involving Child Devel- 
opment contractors, whether public or private, shall be made to the Su- 
perintendent of Public Instruction as provided in subsection (a) except as 
otherwise provided in division 19 of title 5 of the Code of California Reg- 
ulations. 



Page 91 



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§4670 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



(e) For those programs governed by part 76 of title 34 of the Code of 
Federal Regulations, the parties shall be notified of the right to appeal to 
the United States Secretary of Education. 

NOTE: Authority cited: Sections 200, 22 1 . 1 and 3303 1 . Education Code; and Sec- 
tion 1 1 138. Government Code. Reference: Sections 200and 220. Education Code; 
Sections 1 1 135. 1 1 136 and 1 1 138. Government Code; 34 CFR 76.1 and 106.8. 

History 

1 . New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment of section heading, section and NoTii filed 12-29-2005; operative 
12-29-2005 pursuant to Government Code section 11343.4 (Reaister 2005. 

No. 52). 



Article 8. 



Enforcement — State Procedures 
to Effect Compliance 



§ 4670. Enforcement. 

(a) Upon determination that a local agency violated the provisions of 
this chapter, the Department shall notify the local agency pursuant to sec- 
tion 4664(b) that it must take corrective action to come into compliance. 
If corrective action is not taken, the Department may use any means au- 
thorized by law to effect comphance, including, but not limited to: 

( 1 ) The withholding of all or part of the local agency's relevant state 
or federal fiscal support in accordance with state or federal statute or reg- 
ulation; 

(2) Probationary eligibility for future state or federal support, condi- 
tional on compliance with specified conditions; 

(3) Proceeding in a court of competent jurisdiction for an appropriate 
order compelling compliance. 

(b) No decision to curtail state or federal funding to a local agency un- 
der this chapter shall be made until the Department has determined that 
compliance cannot be secured by other means. 

(c) If the Department determines that a Child Development Contrac- 
tor's Agreement shall be terminated, the procedures set forth in sections 
8257(d) or 8400 et seq. of the Education Code and the regulations pro- 
mulgated pursuant thereto (chapter 19 of title 5, CCR, commencing with 
section 1 7906), shall be followed. 

(d) If the Department determines that a local educational agency has 
failed to comply with any provision of sections 49550 through 49554 of 
the Education Code, the Department shall certify such noncompliance to 
the Attorney General for investigation pursuant to section 49556 of the 
Education Code. 

NOTE: Authority cited : Sections 200, 221.1 and 3303 1 , Education Code; and Sec- 
tion 1 1 138, Government Code. Reference: Section 49556, Education Code; Sec- 
tions 1 11 35, 1 1 136 and 1 1 138, Government Code; and 34 CFR 76.783 and 106.8. 

History 

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Amendment of section and Note filed 1 2-29-2005; operative 1 2-29-2005 pur- 
suant to Government Code section 1 1343.4 (Register 2005, No. 52). 

§ 4671. Federal Review Rights. 

NOTE: Authority cited: Sections 232 and 33031, Education Code; Section 1 1 138, 
Government Code. Reference: 34 CFR 76.780-76.783. 

History 

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3). 

2. Repealer filed 12-29-2005; operative 12-29-2005 pursuant to Government 
Code section 1 1343.4 (Register 2005, No. 52). 



Article 9. Williams Complaints 

§ 4680. Complaints Regarding Instructional Materials, 
Teacher Vacancy or Misassignment, and 
School Facilities. 

(a) Complaints regarding instructional materials, emergency or urgent 
facilities conditions that pose a threat to the health or safety of pupils or 
staff, and teacher vacancy or misassignment shall be filed with the princi- 
pal of the school, or his or her designee, in which the complaint arises. 
A complaint about problems beyond the authority of the school principal 



shall be forwarded in a timely manner, but not to exceed 10 working days, 
to the appropriate school district official for resolution. 

(b) Complaints regarding instructional materials, emergency or urgent 
facilities conditions that pose a threat to the health or safety of pupils or 
staff, and teacher vacancy or misassignment may be filed anonymously. 
A complainant who identifies himself or herself is entitled to a response 
if he or she indicates that a response is requested. If a response is re- 
quested, the response shall be made to the mailing address of the com- 
plainant indicated on the complaint. 

(c) The school shall have a complaint form available for such com- 
plaints. The complaint form shall identify the place for filing the com- 
plaint and include a space to indicate whether a response is requested. 
However, the coiriplainant need not use a complaint form. 

(d) All complaints and responses are public records. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
35186. Education Code. 

History 

1. New article 9 (sections 4680^687) and section filed 12-29-2005; operanve 
12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, 

No. 52). 

§ 4681 . Contents of Complaints Regarding Instructional 
Materials. 

(a) A complaint related to instructional materials may allege as fol- 
lows: 

(1) A pupil, including an English learner, does not have standards- 
aligned textbooks or instructional materials or state adopted or district 
adopted textbooks or other required instructional materials to use in 
class. 

(2) A pupil does not have access to textbooks or instructional materials 
to use at home or after school. This does not require two sets of textbooks 
or instructional materials for each pupil. 

(3 ) Textbooks or instructional materials are in poor or unusable condi- 
tion, having missing pages, or are unreadable due to damage. 

(4) A pupil was provided photocopied sheets from only a portion of a 
textbook or instructional materials to address a shortage of textbooks or 
instructional materials. 

(b) A complaint related to instructional materials shall identify: 

(1) the school; 

(2) the course or grade level in which the deficiency(ies) in instruction- 
al materials exist; 

(3) the teacher of the course or grade level; and 

(4) the specific nature of the deficiency or deficiencies as specified in 
subsection (a). 

(c) A complaint may include as much text to explain the deficiency or 
deficiencies in instructional materials as complainant feels necessary. A 
complaint may contain more than one allegation of deficiency or defi- 
ciencies in the instructional material. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
35186, Education Code. 

History 
1 . Ne w section fi led 1 2-29-2005 ; operati ve 1 2-29-2005 pursuant to Government 
Code section 11343.4 (Register 2005, No. 52). 

§ 4682. Contents of Complaints Regarding Teacher 
Vacancy or Misassignment. 

(a) A complaint related to teacher vacancy or misassignment may al- 
lege as follows: 

( 1 ) A semester begins and a teacher vacancy exists (a position to which 
a single designated certificated employee has not been assigned at the be- 
ginning of the year for an entire year or, if the position is for a one-semes- 
ter course, a position of which a single designated certificated employee 
has not been assigned at the beginning of a semester for an entire semes- 
ter). 

(2) A teacher who lacks credentials or training to teach English learn- 
ers is assigned to teach a class with more than 20 percent English learner 
pupils in the class. This subparagraph does not relieve a school district 
from complying with state or federal law regarding teachers of English 
learners. 



Page 92 



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Title 5 



California Department of Education 



§4687 



(3) A teacher is assigned to teach a class for which the teacher lacks 
subject matter competency. 

(b) A complaint regarding a teacher vacancy or misassignment shall 
identify: 

( 1 ) the course or grade level in which the teacher vacancy or misas- 
signment exists; 

(2) the specific nature of the vacancy or misassignment as specified in 
subdivision (a); and 

(3 ) if it is a misassignment, the name of the teacher who is misassigned. 

(c) A complaint may include as much text to explain the teacher vacan- 
cy or misassignment as complainant feels necessary. A complaint may 
contain more than one allegation of teacher vacancy or misassignment. 
NOTE: Authority ciled: Section 33031, Education Code. Reference: Section 
35186. Education Code. 

History 
1 . New section tiled 1 2-29-2005; operative 1 2-29-2005 pursuant to Government 
Code section 1 1343.4 (Register 2005, No. 52). 

§ 4683. Contents of Complaints Regarding the Condition 
of a Facility. 

(a) A complaint related to the conditions of facihties that pose an emer- 
gency or urgent threat to the health or safety of pupils or staff shall identi- 
fy the specific school in which the condition exists. The complaint shall 
specify: 

( 1 ) the location of the facility; 

(2) describe emergency or urgent facilities conditions that pose a threat 
to the health or safety of pupils or staff; and 

(3) how the condition poses a threat to the health or safety of pupils or 
staff. 

(b) A complainant may include as much text to explain the emergency 

or urgent facilities conditions that pose a threat to the health or safety of 

pupils or staff, as complainant feels necessary. A complaint may contain 

more than one allegation of emergency or urgent facilities conditions that 

pose a threat to the health or safety of pupils or staff. 

NOTE; Authority cited: Section 33031. Education Code. Reference: Section 
35 1 86, Education Code. 

History 

1 . New section filed 1 2-29-2005; operative 1 2-29-2005 pursuant to Government 
Code section 1 1343.4 (Register 2005, No. 52). 

§ 4684. Notice. 

(a) In order to identify appropriate subjects of complaint, a notice shall 
be posted in each classroom in each school in the school district notifying 
parents and guardians of the following: 

(1) There should be sufficient textbooks and instructional materials. 
For there to be sufficient textbooks and instructional materials each pu- 
pil, including English learners, must have a textbook or instructional ma- 
terials, or both, to use in class and to take home. 

(2) School facilities must be clean, safe, and maintained in good repair. 

(3) There should be no teacher vacancies or misassignments. There 
should be a teacher assigned to each class and not a series of substitutes 
or other temporary teachers. The teacher should have the proper creden- 
tial to teach the class, including the certification required to teach English 
learners if present. 

(4) The location at which to obtain a form to file a complaint in case 
of a shortage. Posting a notice downloadable from the Web site of the De- 
partment shall satisfy this requirement. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
35186, Education Code. 

History 

1 . New section filed 12-29-2005; operative 12-29-2005 pursuant to Government 
Code section 1 1343.4 (Register 2005, No. 52). 



§ 4685. Investigation. 

The principal or the designee of the district superintendent, as applica- 
ble, shall make all reasonable efforts to investigate any problem within 



his or her authority. The principal, or, where applicable, district superin- 
tendent or his or her designee shall remedy a valid complaint within a rea- 
sonable time period but not to exceed 30 working days from the dale the 
complaint was received. The principal, or where applicable, district su- 
perintendent or his or her designee, shall report to the complainant the 
resolution of the complaint within 45 working days of the initial filing, 
if complainant identifies himself or herself and requested a response. If 
the principal makes this report, the principal shall also report the same 
inforiTiation in the same timeframe to the district superintendent or his or 
her designee. 

NOTE: Authority cited: Section 33031. Education Code. Reference: .Section 
35186, Education Code. 

History 
1 . New section filed 1 2-29-2005; operative 1 2-29-2005 pursuant to Government 
Code section 1 1343.4 (Register 2005. No. 52). 



§ 4686. Responsibilities of Governing Board. 

(a) A complainant who is not satisfied with the resolution of the princi- 
pal or the district superintendent or his or her designee, has the right to 
describe the coinplaint to the governing board of the school district at a 
regularly scheduled meeting of the governing board. 

(b) A school district shall report summarized data on the nature and 
resolution of all complaints on a quarterly basis to the county superinten- 
dent of schools and the governing board of the school district. The sum- 
maries shall be publicly reported on a quarterly basis at a regularly sched- 
uled meeting of the governing board of the school district. The report 
shall include the number of complaints by general subject area with the 
number of resolved and unresolved complaints. 

(c) The complaints and written responses shall be available as public 
records. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Section 
35186, Education Code. 

History 

1. New section filed 12-29-2005; operative 12-29-2005 pursuant to Government 
Code section 1 1343.4 (Register 2005, No. 52). 



§ 4687. Appeal of Facilities Complaint to Superintendent. 

(a) A complainant who is not satisfied with the resolution proffered by 
the principal, or the district superintendent or his or her designee, involv- 
ing a condition of a facility that poses an emergency or urgent threat, as 
defined in paragraph (1) of subdivision (c) of section 17592.72. has the 
right to file an appeal to the Superintendent of Public Instruction within 
15 days of receiving the report. 

(b) Complainant shall comply with the appeal requirements of section 
4632. 

(c) The Superintendent of Public Instruction or his or her designee 
shall comply with the requirements of section 4633. 

(d) The Superintendent of F*ublic Instruction shall provide a written re- 
port to the State Board of Education describing the basis for the com- 
plaint, the school district's response to the complaint and its remedy or 
proposed remedy and. as appropriate, a proposed remedy for the issue de- 
scribed in the complaint, if different from the school district's remedy. 
NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
17592.72 and 35186, Education Code. 

History 

1. New section filed 12-29-2005; operative 12-29-2005 pursuant to Government 
Code section 1 1343.4 (Register 2005, No. 52). 



Chapter 5.2. Improvement of Elementary 
and Secondary Education 

NOTE: Authority cited: Section 52039, Education Code. Reference: Sections 
52013 and 52039(b)(2), Education Code. 

History 
1. Expired by own terms 12-31-78 (Register 80, No. 25). For prior history, see 
Register 77, No. 47. 



Page 92.1 



Register 2005, No. 52; 12-30-2005 



§4900 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



Chapter 5.3. Nondiscrimination and 
Educational Equity 



Subchapter 1. Nondiscrimination in 

Elementary and Secondary Educational 

Programs Receiving State or Federal 

Financial Assistance 



Article 1. General Provisions 



§ 4900. Purpose. 

(a) The purpose of this Chapter is to ensure compliance with federal 
and stale nondiscrimination laws in any program or activity conducted 
by an educational institution. Therefore, no person in the State of Califor- 
nia shall be subjected to discrimination, or any other form of illegal bias, 
including harassment. No person shall be excluded from participation in 
or denied the benefits of any local agency's program or activity on the 
basis of sex, sexual orientation, gender, ethnic group identification, race, 
ancestry, national origin, religion, color, or mental or physical disability 
in any program or activity conducted by an "educational institution" or 
any other "local agency," defined in Article 2 (commencing with Section 
4910) of this Chapter, which is funded directly by, or that receives or 
benefits from any state financial assistance. 

(b) All educational programs and activities under the jurisdiction of 
the State Board of Education receiving or benefiting from state or federal 
financial assistance shall be available to all qualified persons without re- 
gard to sex, sexual orientation, gender, ethnic group identification, race, 
ancestry, national origin, religion, color, or mental or physical disability. 

(c) It is the intent of the State Board of Education that the Superinten- 
dent of Public Instruction assist school districts and county offices of 
education to recognize and eliminate unlawful discrimination that may 
exist within their programs or activities and to meet the requirements of 
this Chapter. The Superintendent shall meet this responsibility through 
technical assistance and ensuring compliance pursuant to Chapter 5.1 
(commencing with section 4600) of this Title relating to standard com- 
plaint procedures. 

NOTE; Authority cited: Sections 221.1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Sections 200, 201, 220, 221.1 and 230, 
Education Code; Sections 1 1 135-1 1 139.5, Government Code; Section 1681. Title 
20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 106.1, Title 34. 
Code of Federal Regulations. 

History 

1. New chapter 5.3 (sections 4900-4962. nonconsecutive) filed 12-16-92; opera- 
tive 1-15-93 (Register 92. No. 51). 

2. Amendment of chapter 5.3 heading, subchapter 1 heading, section and Note 
filed 6-13-2001 ; operative 7-13-2001 (Register 2001. No. 24). 



§ 4901. Academic Requirements. 

Nothing in this Chapter shall be interpreted to prohibit bona fide aca- 
demic requirements for participation in a specific educational institu- 
tion's program, course or activity. 

NOTE: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
11138. Government Code. Reference: Sections 35160.5 and 49067. Education 
Code; Sections 1 1 135-1 1 139.5, Government Code; Section 1681. Title 20. U.S. 
Code; Section 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Fed- 
eral Regulations. 

History 

1. New section filed 12-16-92; operafive 1-15-93 (Register 92. No. 51). 

2. Amendment of section and Note filed 6-13-2001; operative 7-13-2001 (Reg- 
ister 2001, No. 24). 



§ 4902. State and Local Agency Responsibilities and 
Obligations. 

Except as otherwise stated in this Chapter, the Superintendent of Pub- 
lic Instruction is responsible for providing leadership to local agencies to 
ensure that the requirements of the following nondiscrimination laws and 
their related regulations are met in educational programs that receive or 
benefit from state or federal financial assistance and are under the juris- 
diction of the State Board of Education: 

(a) Education Code sections 200 through 253. 

(b) Government Code sections 1 1 135 through 11 139. 

(c) The Civil Rights Act of 1964 at Title 42, U.S. Code Sections 2000a 
et seq. 

(d) Title IX of the Education Amendments of 1972 at Section 1681, 
Title 20, U.S. Code. 

(e) Section 504 of the Rehabilitation Act of 1973 at Section 794(a), 
Title 29. U.S. Code. 

(0 Federal Equal Access at Section 4071 et seq.. Title 20, U.S. Code. 

(g) Americans with Disabilities Act of 1 990 at Sections 1 2 1 3 1 et seq., 
Title42. U.S. Code. 

(h) Individuals with Disabilities Education Act (Section 1400 et seq.. 
Title 20, U.S. Code). 

(i) Equal Educational Opportunities Act (Section 1701 et seq.. Title 
20, U.S. Code). 

(j) Any and all other federal and state laws and regulations involving 
assurances that local agencies will not discriminate on the basis of sex, 
sexual orientation, gender, ethnic group identification, race, ancestry, na- 
tional origin, religion, color, or mental or physical disability. 
NOTE: Authority cited: Sections 221.1 and 33031. Education Code; and Section 
1 1138. Government Code. Reference: Sections 200. 201 and 33111. Education 
Code; Sections ni35-11139.5,Govemment Code; Section 1681, Title 20, U.S. 
Code; and Section 2000d, Title 42. U.S. Code. 

History 

1. New section filed 12-16-92; operative 1-15-93 (Register 92. No. 51). 

2. Amendment of section heading, section and Note filed 6-13-2001; operative 
7-13-2001 (Register 2001. No. 24). 



Article 2. Definitions 



§ 4910. General Definitions. 

The terms used in this Chapter shall be construed with reference to the 
laws and regulations existing on the date of the enactment of this section. 
As used in this Chapter, the term: 

(a) "'Activity' or "program and activity'" means the same as the defi- 
nition set out below for the word "program." 

(b) "Ancestry" means the national or cultural origin of a line of de- 
scent. 

(c) "Board" means the California State Board of Education. 

(d) "Club" means a group of students which meets on school property 
and which is student initiated, student operated and not sponsored by the 
educational institution. 

(e) "Color" includes the concept "race" as it is used in Title IV and 
Title VI of the Federal Civil Rights Act of 1964, respectively commenc- 
ing at 42 use 2000c and 20 USC 2000d. 

(0 "Department" means the California Department of Education. 

(g) "Educational institution" means any public or private preschool, 
elementary, or secondary school or institution operated by the local 
agency, or any combination of school districts or counties recognized as 
the administrative agency for public elementary or secondary schools, 
consistent with the definition found in Education Code section 210.1. 

(h) "Ethnic group identification" includes the concept of "national ori- 
gin" as it is used in Title IV and Title VI of the Federal Civil Rights Act 
of 1964, respectively commencing at 42 USC 2000c and 20 USC 2000d. 

(i) "Equal opportunity" and "equivalent opportunity" are used synon- 
ymously and mean equal or equal in effect. 

(j) "Extracurricular activity" means an activity that is sponsored by the 
local agency or an organization sanctioned by the local agency. The term 



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■'exiracurricular activity" shall not include any program that is part of the 
regular curriculum or that is covered by Article 3 (commencing with Sec- 
lion 4920). 

(k) "Gender" means sex, and includes a person's gender identity and 
gender related appearance and behavior whether or not stereotypically 
associated with the person's assigned sex at birth. 

(/) "Harassment" means conduct based upon protected status that is se- 
vere or pervasive, which unreasonably disrupts an individual's educa- 
tional or work environment or that creates a hostile educational or work 
environment. 

(ni) "Individual with a disability" means a person who has a physical 
or mental impairment that substantially limits one or more major life acti- 
vities; a record of such an impairment; or is regarded as having such an 
impairment. 

(n) "Local Agency (LA)" means a school district governing board or 
county office of education or a local public or private agency which re- 
ceives direct or indirect funding or any other financial assistance from the 
state or federal government to provide any school program or activity. 

(o) "Mental disability" means any mental or psychological disorder, 
such as mental retardation, organic brain syndrome, emotional or mental 
illness, and specific learning disabilities. 

(p) "National origin" means the country of a person's birth. 

(q) "Person" includes but is not limited to employees, temporary em- 
ployees, contract employees, applicants for employment, agents and rep- 
resentatives of the local agency, students, applicants for admission and 
volunteers. 

(r) "Physical disability" means any physiological disorder, or condi- 
tion, cosmetic disfigurement, or anatomical loss affecting one or more of 
the following body systems: neurological, musculoskeletal, special 
sense organs, respiratory (including speech organs), cardiovascular, re- 
productive, digestive, genito-urinary, hemic and lympathic, skin, and 
endocrine. 

(s) "'Program' or 'program activity'" is defined to include the defini- 
tion of "program and activity" as set forth at Health and Welfare regula- 
tion 22 CCR 98010 and to include extra curricular, research, occupation- 
al programs, honors, students services and other activities as well as 
include the operations of an "educational institution" as defined at Edu- 
cation Code section 210.1. All specified institutions are meant to entail 
the operations of: 

(1)(A) a department, agency, special purpose district, or other instru- 
mentality or any educational institution; or 

(B) the entity of such local agency that distributes such assistance and 
each such department or agency to which the assistance is extended; or 

(2)(A) an entire corporation, partnership, or other private organiza- 
tion, or an entire sole proprietorship — 

(i) if assistance is extended to such corporation, partnership, private 
organization, or sole proprietorship as a whole; or 

(ii) which is principally engaged in the business of providing educa- 
tion, health care, housing, social services, or parks and recreation; or 

(B ) the entire plant or other comparable, geographically separate facil- 
ity to which state or federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole pro- 
prietorship; or 

(3) any other entity which is established by two or more educational 
institutions or the entities described in paragraph (1) or (2); any part of 
which is extended state or federal financial assistance, except that such 



term does not include any operation of an entity which is controlled by 
a religious organization if the application of this Chapter to such opera- 
tion would not be consistent with the religious tenets of such organiza- 
tion. 

(4) Small providers are not required by this subsection to make signifi- 
cant structural alterations to their existing facilities for the purpose of as- 
suring program accessibility to the physically disabled, if alternative 
means of providing the services are available. 

(t) "Race" means one of the anthropological/racial ethnic groups, in- 
cluding but not limited to: Asian. Black, American Indian, Hispanic. Pa- 
cific Islander, White, or Filipino. 

(u) "Rehgion" means one's spiritual beliefs. 

(v) "Sex" means the biological condition or quality of being a female 
or male human being. 

(w) "Sexual orientation" means actual or perceived heterosexualiiy. 
homosexuality, or bisexual ity. 

(x) "Superintendent" means the Superintendent of Public Instmction 
or his or her designee. 

(y) "Title IX Coordinator" means the person(s) designated by the local 
agency to comply with and carry out the local agency's responsibilities 
under Title IX of the Educafion Amendments of 1972. 
NOTE; Authority cited: Sections 221.1 and 33031, Education Code; and Section 
] 1 138. Government Code. Reference: Section 51.7(b). Civil Code; Sections 20(). 
201(g), 210. 210.1. 212.5. 220, 233(e) and 260. Education Code: Sections 1 1 135 
and 1 1 138, Government Code: Section 422.55 and 422.56. Penal Code: Section 
1681, Title 20. .U.S. Code; Section 2000d. Title 42. U.S. Code; Section 106, Title 
34 Code of Federal Regulations; and Sections 98210. 98220, 98230. 98250 and 
98343, Title 22, California Code of Regulations. 

History 

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51 ). 

2 . Amendment of section and Note filed 6- 1 3-200 1 ; operative 7- 1 3-2(X) 1 ( Reg- 
ister 2001, No. 24). 

3. Amendment of subsection (k) and amendment of Noth filed 12-29-2(X)5; op- 
erative 12-29-2005 pursuant to Government Code section 1 1343.4 (Register 
2005, No. 52). 

§ 491 1 . Government Code Definitions, Incorporation by 
Reference. 

Those definiuons of activifies prohibited and persons protected from 
discriminafion set forth in Chapters 2 and 3 of Division 8 of Title 22 of 
the California Code of Regulafions (commencing with Secfion 98100) 
are incorporated into and made applicable to this Chapter as if fully set 
forth here. 

NOTE: Authority cited: Sections 221.1 and 33031. Education Code; and Section 
1 1 1 38. Government Code. Reference: Section 260, Education Code; and Sectit)ns 
1 1 1 35 and 11138. Government Code. 

History 

1. New section filed 12-16-92; operative 1-15-93 (Register 92. No. 51 ). 

2. Amendment of Note filed 6-13-2001; operative 7-13-2001 (Register 2001. 
No. 24). 

§ 4912. Educational Equity Act Definitions, Incorporation 
by Reference. 

Those definifions set forth in Articles 2 and 3 of Chapter 2 of Part 1 of 
Title 1 of the Cahfomia Education Code (commencing with Section 210) 
are incorporated into and made applicable to this Chapter as if fully .set 
forth here, specifically secfion 210. 1 - "Educational institufion." section 
211 - "Governing board," section 212 - "Sex," secfion 212.5 - "Sexual 
harassment," secfion 213 - "State financial assistance." and section 214 
- "State financial aid." 



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• 



• 



NoiTi: Authority cited: Sections 221.1 and 33031. Education Code: and Section 
1 1 1 38, Government Code. Reference: Section 260, Education Code; and Sections 
1 1 135 and 1 1 138. Government Code. 

History 

1. New section filed 12-16-92; operative 1-13-93 (Register 92, No. 31). 

2. Amendment of section heading, section and NoTt^ filed 6-13-2001 ; operative 
7-1.3-2001 (Register 2001, No. 24). 

§ 4913. Prohibited Activities, Incorporation by Reference. 

In addition to acts or omissions prohibited by other nondiscrimination 
laws or regulations, except as provided by Education Code section 220.5, 
the acts specifically proscribed by Chapter 2 (commencing with Section 
200) of Part I of Title I ofthe California Education Code are incorporated 
into and made applicable to this Chapter as if fully set forth here. 
NOTH: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
1 1 1 38, Government Code. Reference: Sections 220 and 230, Education Code; and 
Sections 1 1 135 and 1 1 138, Government Code. 

History 

1. New section filed 12-16-92; operative 1-1.5-93 (Register 92, No. 51). 

2. Amendment of section and NoTb filed 6-13-2001 ; operative 7-13-2001 (Reg- 
ister 2001, No. 24). 

§ 4914. Prohibited Discrimination on Parental, Family, or 
Marital Status. 

On the basis of sex. the application of any rule concerning the actual 
or potential parental, family, or marital status of a person, or the exclusion 
of any person from any program or activity or employment because of 
pregnancy or related conditions is prohibited, 

NOTE: Authority cited: Sections 221.1 and 33031, Education Code. Reference: 
Section 230(e), Education Code. 

History 
I. New section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24). 



Article 2.5. Sexual Harassment 

§4915. General Prohibitions. 

A person in the educational environment of a local agency shall not 
sexually harass another person in the work or educational environment 
of the local agency. Sexual harassment is a form of sex discrimination 
and, as such, may result in disciplinary or other action taken by the local 
agency. 

NOTE: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
1 1 138, Government Code. Reference: Section 212.5, Education Code; Sections 
1 1 135 and 12940(h), Government Code; Section 1681, Title 20, U.S. Code; Sec- 
tion 2000d, Title 42, U.S. Code; and Section 1 06, Title 34, Code of Federal Regula- 
tions. 

History 
1. New article 2.5 (sections 4915-4917) and section filed 6-13-2001; operative 

7-13-2001 (Register 2001, No. 24). 

§ 4916. Sexual Harassment Definitions. 

(a) "Sexual harassment" means any unwelcome sexual advance, un- 
welcome requests for sexual favors, or other unwelcome verbal, visual, 
or physical conduct of a sexual nature made by someone from or in the 
educational or work setting, whether it occurs between individuals of the 
same sex or individuals of opposite sexes, under any of the following 
conditions: 

(1) Submission to the conduct is explicitly or implicitly made a term 
or a condition of an individual's academic status, employment, or prog- 
ress. 

(2) Submission to, or rejection of, the conduct by the individual is used 
as the basis of academic or employment decisions affecting the individu- 
al. 

(3) The conduct has the purpose or effect of having a negative impact 
upon the individual's academic performance, work, or progress or has 
the purpose or effect of creating an intimidating, hostile, or offensive 
educational or working environment. The conduct is sufficiently severe, 
persistent, pervasive or objectively offensive, so as to create a hostile or 
abusive educational or working environment or to limit the individual's 
ability to participate in or benefit from an education program or activity. 



(4) Submission to. or rejection of, the conduct by the individual is used 
as the basis for any decision affecting the individual regarding benefits 
and services, honors, programs, or activities available at or through the 
local agency. 

(b) "Verbal sexual harassment" includes, but is not limited to. unwel- 
come epithets, comments, or slurs of a sexual nature. 

(c) "Physical sexual harassment" includes, but is not limited to, as- 
sault, impeding or blocking movement, or any physical interference with 
work or school activities or movement when directed at an individual on 
the basis of sex. 

(d) "Visual sexual harassment" includes, but is not limited to. deroga- 
tory posters, cartoons, drawings, obscene gestures, or computer-gener- 
ated images of a sexual nature. 

(e) "Educational environment" includes, but is not limited to. the fol- 
lowing: 

(1) The campus or school grounds of the local agency. 

(2) Properties controlled or owned by the local agency. 

(3) Off-campus, if such activity is sponsored by the local agency, or 
is conducted by organizations sponsored by or under the jurisdiction of 
the local agency. 

Note-, Authority cited: Sections 221 .1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Section 212.5, Education Code; Section 
1 1 1 35, Government Code; Section 1 68 1 , Title 20, U.S. Code; Section 2000d, Title 
42, U.S. Code; and Section 106. Title 34, Code of Federal Regulations. 

History 

1. New secfion filed 6-13-2001; opt;rative 7-13-2001 (Register 2001, No. 24). 

§4917. Notification Requirements. 

Local agencies are required to notify students, employees, and parents 
of their written policy prohibiting sexual harassment pursuant to Educa- 
tion Code sections 231.5 and 48980(h), and in accordance with Educa- 
tion Code section 48985. These policies shall include information as to 
where to obtain specific procedures for reporting charges of sexual ha- 
rassment and available remedies. 

NOTE: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Sections 231.5, 262.3, 48980 and 48985, 
Education Code; Secfion 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. 
Code; and Section 106.9, Title 34, Code of Federal Regulations. 

History 
1. New section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24). 

Article 3. Nondiscrimination in 
Intramural, Interscholastic, or Club Athletics 

§ 4920. General Prohibition. 

No person shall on the basis of sex. sexual orientation, gender, ethnic 
group identification, race, ancestry, national origin, religion, color or 
mental or physical disability be excluded from participation in, be denied 
the benefits of, be denied equivalent opportunity in, or otherwise dis- 
criminated against in interscholastic, intramural, or club athletics. 
NOTE: Authority cited: Secfions 221.1 and 33031. Educafion Code; and Section 
11138, Government Code. Reference: Sections 200, 230 and 35179, Education 
Code; Secfion 1681, Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and 
Section 106, Title 34, Code of Federal Regulations. 

History 

1. New secfion filed 12-16-92; operafive 1-15-93 (Register 92, No. 5 1 ). 

2. Amendment of article 3 heading, secfion and NOTt filed 6-13-2001 ; operative 
7-13-2001 (Register 2001, No. 24). 

§ 4921 . Separate Teams. 

(a) Local agencies may provide single sex teams where selection for 
teams is based on competitive skills. 

(b) When a local agency provides only one team in a particular sport 
for members of one sex but provides no team in the same sport for mem- 
bers of the other sex, and athletic opportunities in the total program for 
that sex have previously been limited, members ofthe excluded sex must 
be allowed to try out and compete with the local agency team. The same 
standards for eligibility shall be applied to every student trying out for a 
team, regardless of sex or sexual orientation or other protected group sta- 
tus. 



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NOTE; Authority cited: Sections 221.1 and 33031, Education Code; and Section 
1 1 138. Government Code. Reference: Sections 200, 220, 221 .7, 230 and 31.^79, 
Education Code: Section 1681, Title 20, U.S. Code; and Section 106, Title 34, 
Code of Federal Regulations. 

History 

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51). 

2. Amendment of subsection (b), repealer of subsection (c) and amendment of 
NOTi; filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24). 

§ 4922. Equivalent Opportunity. 

(a) For purposes of section 230(c) of the Education Code, in determin- 
ing whether equivalent opportunities are available to both sexes in athlet- 
ic programs, the factors a local agency shall consider, include, but are not 
limited to: 

(1) Whether the selection of sports and levels of competition offered 
effectively accommodate the interests and abilities of both sexes; 

(2) The provision and maintenance of equipment and supplies; 

(3) Scheduling of games and practice times; selection of the season for 
a sport; location of the games and practices; 

(4) Travel and per diem allowances; 

(5) Opportunities to receive coaching and academic tutoring; 

(6) Assignment and compensation of coaches and tutors; 

(7) Provision of locker rooms, practice and competitive facilities; 

(8) Provision of medical and training facilities and services; 

(9) Provision of housing and dining facilities and services; 

(10) Publicity. 

(b) Unequal aggregate expenditures for members of each sex or un- 
equal expenditures for male and female teams, if a recipient operates or 
sponsors separate teams, shall not constitute noncompliance with this 
section. However, the failure to provide necessary funds for teams for 
one sex in assessing equivalent opportunity for members of each sex 
shall be considered. 

NOTE: Authority cited: Sections 221.1 and 33031. Education Code; and Section 
1 1 138, Government Code. Reference: Sections 221.7, 230 and 35179, Education 
Code; Section 1 681 , Title 20, U.S. Code; and Section 106, Title 34, Code of Feder- 
al Regulations. 

History 

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51). 

2. Amendment of section and Note filed 6-13-2001; operative 7-13-2001 (Reg- 
ister 2001, No. 24). 



Article 3.5. Nondiscrimination in 
Extracurricular and Club Activities 

§ 4925. General Prohibition. 

A local agency shall not provide or otherwise carry out any of its extra- 
curricular programs or activities separately, or require or refuse partici- 
pation therein by any of its students on the basis of sex, sexual orienta- 
tion, gender, ethnic group identification, race, ancestry, national origin, 
religion, color, or mental or physical disability. Nothing herein shall be 
construed to prohibit the use of prerequisites to participation in certain 
extracurricular activities where the prerequisites have been demon- 
strated to be essential to the success in the particular extracurricular acti- 
vities. 

NOTE: Authority cited: Sections 221.1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Sections 220 and 230, Education Code; 
Section 168 1 , Title 20, U.S. Code; Section 2000d, Title 42, U.S. Code; and Section 
106, Title 34, Code of Federal Regulations. 

History 
1. New article 3.5 (sections 4925-4927) and section filed 6-13-2001; operative 

7-13-2001 (Register 2001, No. 24). 

§ 4926. General Provisions. 

Membership in student clubs must be open to all students regardless 
of sex, sexual orientation, gender, ethnic group identification, race, an- 
cestry, national origin, religion, color, or mental or physical disability. 
NOTE: Authority cited: Sections 221.1 and 33031, Educafion Code; and Section 
1 1 138, Government Code. Reference: Sections 220, 230 and 35160.5, Education 
Code; Section 1681, Title 20, U.S. Code; Secfion 2000d, Title 42, U.S. Code; and 
Section 106, Title 34, Code of Federal Regulations. 



History 
1. New .section filed 6-13-2001; operafive 7-13-2001 (Regi.ster 2001, No. 24). 

§ 4927. Equal Access. 

Student clubs shall have equal access to facilities of the educational 
institution to conduct a meeting and a fair opporUinity to meet within the 
limited open forum of the educational institution, if the educational insti- 
tution has a limited open forum. 

Note: Authority cited: Sections 221.1 and 33031, Educafion Code; and Secfion 
1 1 1 38. Government Code. Reference: Secfions 220, 230 and 35160.5. Education 
Code: Section 1681, Title 20, U.S. Code; Sections 2000d and 4071, Title 42, U.S. 
Code; and Secfion 106, Title 34, Code of Federal Regulations. 

History 

1 . New section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24). 

Article 4. Counseling 

§ 4930. General Provisions. 

(a) No local agency or educational institution or counselor shall dis- 
criminate against any person on the basis of sex, sexual orientation, gen- 
der, ethnic group identification, race, ancestry, national origin, religion, 
color, or mental or physical disability in the counseling or guidance of 
pupils. 

(b) Nothing in this section shall be construed as prohibiting a local 
agency from encouraging members of one sex to enter courses, pro- 
grams, activities or occupations which are traditionally entered by the 
other sex. 

(c) Counseling includes, but is not limited to, academic, vocational, 
career, social or psychological counseling which is conducted or spon- 
sored by, through, or at an educational institution whether in an informal 
or formal program, workshop or other activity, or whether conducted or 
sponsored on a routine or sporadic basis. 

(d) Counseling includes, but is not limited to, any person, group, or 
sub-group, regardless of title or job description, who engages in counsel- 
ing of any pupil. 

NOTE: Authority cited: Secfion 221.1 and 33031, Educafion Code; and Secfion 
1 1 138, Government Code. Reference: Secfions 220 and 230, Education Code; 
Secfion 1 68 1 , Title 20, U.S. Code; Secfion 2000d, Title 42, U.S. Code; and Secfion 
1 06, Title 34, Code of Federal Regulations. 

History 

1 . New secfion filed 12-16-92; operative 1-15-93 (Register 92, No. 51). 

2. Amendment of section heading, section and Note filed 6-13-2001; operative 
7-13-2001 (Register 2001, No. 24). 

§ 4931 . Use of Appraisal and Counseling Materials. 

(a) An educational institution which uses testing or other materials for 
appraising or counseling pupils shall not use different materials for pu- 
pils on the basis of their sex, sexual orientation, gender, ethnic group 
identification, race, ancestry, national origin, religion, color, or mental 
or physical disability. The use of materials that permit or require the im- 
permissible differential treatment of pupils on the basis of sex, sexual 
orientation, gender, ethnic group identification, race, ancestry, national 
origin, religion, color, or mental or physical disability is not permitted 
unless such different materials cover the same occupations and interest 
areas and the use of such different materials is essential to the elimination 
of bias and discrimination. 

(b) An educational institution may use different materials if they are 
shown to encourage members of any protected categories identified in 
subdivision (a) to enter courses, programs, activities, or occupations 
which are not traditionally entered by the members of the protected cate- 
gories identified in subdivision (a). 

(c) Where the use of a counseling or evaluation instrument results in 
disproportionate numbers of members of one of the protected categories 
identified in subdivision (a) above in any particular course, program, ac- 
tivity or occupation, the educational institution shall take such action as 
is necessary to ensure that such disproportionate numbers are not the re- 
sult of discrimination in the instrument or its application. 

(d) Where an educational institution finds that a particular course con- 
tains a substantially disproportionate number of individuals of one 



• 



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• 



group, the educational institution shall assure that such disproportion is 
nol the result of discrimination in counseling policy or practice, or ap- 
praisal materials or discrimination by counselors, or any other employee 
of the educational institution. 

NOTE: Authority cited: Sections 221.1 and 33031. Education Code; and Section 
1 1 138. Government Code. Reference: .Sections 200 and 230. Education Code; 
Section 168 1 , Title 20, U.S. Code; Section 2000d, Title 42. U.S. Code; and Section 
106. Title 34. Code of Federal Regulations. 

History 

1. New section filed 12-16-92; operative l-l.S-93 (Register 92, No. 51). 

2. Amendment of section and NOTi; tiled 6-1 3-2001; operative 7-13-2001 (Reg- 
ister 2001. No. 24), 



• 



Article 5. Course Access 



§ 4940. General Provisions. 

(a) A local agency and its educational institutions shall not provide any 
course or otherwise carry out any of its educational programs or activities 
.separately on the basis of sex. sexual orientation, gender, ethnic group 
identification, race, ancestry, national origin, religion, color, or mental 
or physical disability or require or refuse participation therein by any of 
its students on such basis, including but not limited to, agriculture, health, 
physical education, industrial technology, business, career, vocational 
and emerging technical educational programs, home economics, work 
experience programs, occupational training programs, research opportu- 
nities, visual and performing arts, and adult education courses. 

(b) Portions of classes which deal with human sexuality may be con- 
ducted in separate sessions for males and females. 

(c) Local agencies and their educational institutions may make re- 
quirements based on vocal range or quality which may result in a chorus 
or choruses of one, or predominantly one, sex. 

(d) A local agency and its educational institutions shall not permit any 
course or activity labeling and scheduling which results in the separation 
of students on the basis of sex, sexual orientation, gender, ethnic group 
identification, race, ancestry, national origin, religion, color, or mental 
or physical disability. In educational institutions where students have the 
opportunity to select a specific activity for a physical education course, 
the course title and description shall be gender neutral. 

(e) While instruction in all physical education classes is coeducational, 
nothing in this section shall prohibit the grouping of students during 
physical education activities by ability when assessed by objective stan- 
dards of individual performance without regard to sex and all students are 
involved in the same physical activity or conceptual learning experience 
at the same time. 

(f) Recruitment. An educational institution may choose to undertake 
affirmative recruitment efforts to overcome the effect of conditions 
which resulted in limited participation in certain courses by a particular 
group of students including but not limited to math, science, emerging 
technologies, occupational training, and career vocational and technical 
educational program courses. 

(g) Prerequisites. Nothing herein shall be construed to prohibit the use 
of prerequisites that have been demonstrated to be essential to success in 
a given program or course. If a prerequisite is not essential to success in 
a given course or program, it shall be abolished as a prerequisite. 

(h) Required Courses. In determining required courses for any student, 
such determination shall be made without regard to sex, sexual orienta- 
tion, gender, ethnic group identification, race, ancestry, national origin, 
religion, color, or mental or physical disability, except as otherwise pro- 
vided in these regulations. 

NOTE: Authority cited; Sections 221.1 and 33031, Education Code; and Section 
1 1 138, Government Code. Reference: Sections 220 and 230. Education Code; 
Section 1 68 1 , Title 20, U.S. Code; Section 2000d. Title 42, U.S. Code; and Section 
106, Title 34, Code of Federal Regulations. 

History 

1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51). 

2. Amendment of section heading, section and Note filed 6-13-2001; operative 
7-13-2001 (Register 2001, No. 24). 



Article 6. Marital and Parental Status 

§ 4950. l\/larital and Parental Status of Students. 

An educational institution shall not apply any rule concerning a stu- 
dent's actual or potential parental, fainily, or marital status which treats 
students differently on the basis of sex. 

(a) An educational institution shall not exclude or deny any student 
from any educational program or activity including class or extracurricu- 
lar activity solely on the basis of a student's pregnancy, childbirth, false 
pregnancy, termination of pregnancy or recovery therefrom. 

(b) An educational institution may require a student to obtain the certi- 
fication of a physician or nurse practitioner that the student is physically 
and emotionally able to continue participation in the regular program or 
activity. 

(c) Voluntary Alternative Prograin. Pregnant minors and minor par- 
ents shall not be required to participate in pregnant minor programs or 
alternative educational programs. Such minors who do voluntarily par- 
ticipate in such alternative programs shall be given educational pro- 
grams, activities and courses equal to those they would have been in if 
participating in the regular program. 

(d) Any educational institution shall treat pregnancy, child birth, false 
pregnancy, termination of pregnancy and recovery therefrom in the saine 
manner and under the same policies as any other temporary disabling 
condition. 

NOTE: Authority cited: Sections 232 and 33031, Education Code; and .Section 
1 1 138, Government Code. Reference: Section 230. Education Code; and 34 CFR 
106. 

History 

1. New section tiled 12-16-92; ope:rative 1-15-93 (Register 92. No. 51 ). 

Article 7. Local Agency Compliance 

§ 4960. Local Agency Responsibilities. 

(a) Each school district and county office of education shall have pri- 
mary responsibility to ensure that its programs and activities are avail- 
able to all persons without regard to sex, sexual orientation, gender, eth- 
nic group identification, race, ancestry, national origin, religion, color, 
or mental or physical disability. Each local agency shall investigate com- 
plaints of unlawful discrimination in its programs or activities. 

(b) Each governing board shall have the ongoing responsibility to pub- 
licize the provisions of this Chapter to students, parents, employees, 
agents of the governing board and the general public. This policy shall 
be posted in all schools and offices including staff lounges and student 
government meeting rooms. 

NOTE: Authority cited: Sections 221 .1 and 33031, Education Code; and .Section 
11138, Government Code. Reference: Section 260, Education Code; Section 
1 1 1 35, Government Code; Section 106, Title 34, Code of Federal Regulations; and 
Section 98340, Title 22, California Code of Regulations. 

History 

1. New section filed 12-16-92; ope;rative 1-15-93 (Register 92. No. 51 ). 

2. Amendment of section and NoTb filed 6-13-2001 ; operative 7-1 3-2001 (Reg- 
ister 2001, No. 24). 

§ 4961 . Responsible District Officer. 

Each local agency shall identify a single person as the responsible lo- 
cal agency officer for ensuring district or office compliance with this 
chapter. Each announcement shall include the name, office address and 
office telephone number of the responsible local agency officer. 
NOTE: Authority cited: Section 1 1 138. Government Code; and Sections 71020 
and 71025, Educafion Code. Reference: Sections 1 1 135 and 1 1 138, Government 
Code. 

History 

1. New section filed 12-16-92; operative 1-15-93 (Register 92. No. 51). 

§ 4962. Compliance Procedures. 

Compliance with the provisions of this division shall be carried out in 
accordance with the complaint procedures specified in sections 4601 
through 4671 of this Title and Government Code sections 1 1 136 and 
11137. 



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NOTE: Authority cited: Sections 232 and 33031, Education Code: and Section 
11138, Government Code. Reference: Sections 1 1 1 35, 1 1 1 36 and 1 1 1 37, Govern- 
ment Code. 

History 
1. New section filed 12-16-92; operative 1-15-93 (Register 92. No. 51 ). 



Article 8. Complaint Process Safeguards 



§ 4963. Prohibitions. 

(a) No person from or in the educational or work environment of a lo- 
cal agency shall retaliate against a complainant, witness, or other person 
who supports or participates in a sexual harassment investigation. 

(b) Any attempt to penalize anyone from or in the educational or em- 
ployment environment for initiating a complaint through any form of 
retaliation shall be treated as a separate allegation of discrimination. 
NOTE; Authority cited: Sections 221.1 and 33031 Education Code; and Section 
11 138, Government Code. Reference: Section 212.5, Education Code; Sections 
1 1 135 and 12940(h), Government Code; Section 1681, Title 20, U.S. Code; Sec- 
tion 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regula- 
tions. 

History 

1. New article 8 (sections 4963-4965) and section filed 6-13-2001; operative 
7-13-2001 (Register 2001, No. 24). 

§ 4964. Confidentiality. 

All complaints or allegations of discrimination or sexual harassment 
will be kept confidential during any informal and/or formal complaint 
procedures except when disclosure is necessary during the course of an 
investigation, in order to take subsequent remedial action and to conduct 
ongoing monitoring. 

NOTE; Authority cited: Secfions 221.1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Section 212.5, Education Code; Sections 
11135 and 12940(h), Government Code; Section 1681, Title 20, U.S. Code; Sec- 
tion 2000d, Title42, U.S. Code; and Section 106, Title 34, Code of Federal Regula- 
tions. 

History 
1. New section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24). 

§ 4965. Disciplinary Action. 

Harassment on the basis of sex, sexual orientation, gender, ethnic 
group identification, race, ancestry, national origin, religion, color, or 
mental or physical disability is a form of discrimination, and as such, may 
result in disciplinary or other action taken by the local agency. In the case 
of an employee, such disciplinary action may include termination. For 
students in Grades K-12, the disciplinary consequences shall depend on 
the ages of the students and the factual circumstances of the incident(s). 
NOTE; Authority cited: Sections 221.1 and 33031, Education Code; and Section 
11138, Government Code. Reference: Section 212.5, Education Code; Sections 
1 1 135 and 12940(h), Government Code; Section 1681, Title 20, U.S. Code; Sec- 
tion 2000d, Title 42, U.S. Code; and Section 106, Title 34, Code of Federal Regula- 
tions. 

History 

1. New section filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24). 



Chapter 6. Certified Personnel 



Subchapter 1. General Provisions 



Article 1. 



Code of Ethics of the Teaching 
Profession 



History 
1. Amendment and renumbering of Article 1 (Sections 5480-5485) to Article 7 
(Sections 80130-80132) of Chapter 1 of Part VIII, filed 12-16^77; effective 
thirtieth day thereafter (Register 77, No. 51). For prior history, see Register 77, 
No. 21; and Register 70, No. 17. 



Article 2. Employment and Dismissal 

§ 5500. Statement a Condition to Employment. 

The governing board shall not employ a person in a position requiring 
certification qualifications unless the person first files with the governing 
board his statement in writing that he has not entered into a valid contract 
of employment with the governing board of another school district which 
will in any way conflict with his employment. 

NOTE: Authority cited for Article 2: Sections 23919, 33031, 44839 and 44843, 
Education Code. 

History 

1 . New Chapter 1 (§§ 5500-5504) filed 9-23-69; effective thirtieth day thereafter 
(Register 69, No. 39). 

2. Article 1 (§§ 5500-5504) renumbering to Article 2 filed 4-22-70; effective thir- 
tieth day thereafter (Register 70, No. 17). 

3. New NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 
39). 

§ 5501 . Filing of Notice of Employment. 

The notice of employment required by Education Code Section 44843 
shall identify the school district, shall be signed by the authorized official 
or officials of the school district, shall be in the number of copies speci- 
fied by the county superintendent, and shall contain at least the following 
data for each employee: 

(a) Name. 

(b) Position filled. 

(c) Classification (substitute, temporary, probationary, permanent). 

(d) Effective date and terminal date of employment. 

(e) Rate of salary (per school month, calendar month, day, hour). 

(f) Major accounting class, as shown in Part I of the California School 
Accounting Manual, to which the salary will be charged. 

The notice may contain such additional data as the governing board 
and the county superintendent agree upon. 

History 
1 . Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth 

day thereafter (Register 77, No. 39). 

§ 5502. . Filing of Notice of Physical Examination for 
Employment of Retired Persons. 

The governing board shall on or before employing a retired person for 
a position described in Education Code Section 44839.5 require evidence 
that he or she has passed the physical examination required by Education 
Code Section 44839.5. 

NOTE: Authority cited: Section 44839.5, Education Code. Reference: Secfion 
44839.5, Education Code. 

History 

1. Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 
39). 

2. Amendment filed 10-1 6-80; effecfive thirtieth day thereafter (Register 80, No. 
42). 

§ 5503. Physical Examination for Employment of Retired 
Persons. 

(a) The physical examination prescribed by the State Board pursuant 
to Education Code Section 44839.5 is an examination by a physician and 
surgeon licensed to pracfice in California that will enable the examining 
physician and surgeon to ascertain whether or not the person is free from 
infectious or contagious disease, including an examination for tuberculo- 
sis made in the manner described in Education Code Section 49406. 

The physician's certificate, showing that the employee was examined 
and that the person was found free from active tuberculosis and from any 
other contagious or infectious disease, shall be filed with the county su- 
perintendent of schools and a duplicate or photographic copy shall be 
filed with the employing school district. A notice from a public health 
agency or unit of the Tuberculosis Association that indicates freedom 
from active tuberculosis may be substituted for that part of the physicians 
certificate relating to tuberculosis. The examination shall have been 
made within six months of filing of the completed certificate with both 
the county superintendent of schools and employing school district. 



• 



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§5504 



• 



(b) The certificate shall be in substanlially the following form: 

CERTIFICATION OF FREEDOM FROM CONTAGIOUS OR 
INFECTIOUS DISEASE 

I hereby certify that: 

( 1 ) 1 am licensed to practice as a physician and surgeon in California. 

(2) On the date shown herein below I examined , who gave 

as his (her) date of birth and as his (her) address. On 

thai date 1 found him (her) to be free from any contagious or infectious 
disease including freedom from active tuberculosis. , 19 

Date 



Physician and Surgeon 
The following authorization signed by the person examined shall be 
set forth below the certificate: 
AUTHORIZATION 



Dr. 



You are hereby authorized to give to the State Board of Education, any 
county superintendent of schools, the governing board of a school district 
to which the undersigned has applied for employment, and representa- 
tives of any of them, any and all information you may have regarding my 
physical or mental condition, including but not being limited to the histo- 
ry, findings, diagnosis, treatment given, present condition, and progno- 
sis. 
. 19 

Dale Signature of Person Examined 

NOTE: Authority cited: Section 44839.5, Education Code. Reference: Section 
44839.5, Education Code. 

History 

1 . Amendment of subsection (a) and repealer of NOTE filed 9-23-77; effective 
thirtieth day thereafter (Register 77. No. 39). 

2. Amendment filed 10-16-80; effective thirtieth day thereafter (Register 80, No. 
42). 

§ 5504. Medical Certification Procedures. 

(a) The governing board of each school district and the county superin- 
tendent of .schools office shall provide a pre-employment medical ex- 
amination form and related information as prescribed in this section to 
persons being employed for the first time in a California school district 
or county office in a position requiring certification requirements in ac- 
cordance with Section 44839 of the Education Code. 

(b) The governing board or office of the county superintendent of 
.schools shall also develop a brief statement of functions involved in the 
position for which the applicant will be employed and attach it to the 
medical certification form for the guidance of the physician. Functions 
should be described in terms of activities which may be performed such 
as: teaching physical education; being able to readily move about the 
classroom and playground; climbing flights of stairs or operating me- 
chanical equipment. 

(c) The governing board of each school district and the county superin- 
tendent of schools office shall use the following medical certificate or a 
similar certificate developed locally and approved by the State Depart- 
ment of Education: 

CERTIFICATE OF MEDICAL EXAMINATION OF 

APPLICANTS FOR FIRST EMPLOYMENT IN A 

CALIFORNIA SCHOOL DISTRICT OR 

COUNTY SUPERINTENDENT OF SCHOOLS OFFICE 

School District; County Office 



Name 



Name: 



Last 



First 



Middle 



Address: 



Street 



City 



Zip Code 



To the Physician: 

The medical examination required of a person employed in a certifi- 
cated position for the first time in a California School District or County 
Superintendent of Schools Office to determine freedom from any disab- 
ling disease unfitfing the person to instruct or associate with children 
should be evaluated on the basis of the function which will be required 
of the applicant upon employment. A brief description of functions is at- 
tached to this form. 

Disabling disease should be considered in terms of: 

(1) Evidence of lack of ability to demonstrate average physical and 
emotional capacity for the functions involved. 

(2) Evidence of disability which periodically may disable the individ- 
ual; for example, rheumatoid arthritis, uncontrolled diabetes, asthma. 

(3) Evidence of long term disability which may progressively deterio- 
rate; for example, malignancy. Multiple Sclerosis. 

Details 
Check Every Item YES NO (Relate to functions to be performed) 

1. Is there evidence of disabling disease of 
the musculo-skeletal. cardio-vascular, 
nervous, gastro-intestinal. gen i to-urinary, 
endocrine systems? 

2. Is there evidence of disabling disea.se 
affecfing vision, hearing or speech? 



3. Is there evidence of disabling metabolic 
disease? 



4. Is there evidence of infectious disease in 
a communicable stage? 



5. Is there evidence of drug dependency in- 
cluding alcoholism? 



6. Is there evidence of any other disabling 
disease? 



On the basis of my medical examinafion on (date) , 



the 



above named individual is free from disabling disease, except as noted 
above, which I believe unfits the individual to instruct, in the position for 
which application is being made, or to associate with children. 

/ 



Signature of Physician 



Date 



/ 



Name of Physician (print) License # 
To be relumed by the examining physician directly to the school dis- 
trict or County Office requesting the examination. 

(d) The governing board of each district or county superintendent of 
schools office shall determine, on the basis of informaUon on the medical 
examination form, whether or not the applicant is free from any disabling 
disease unfitting the applicant to perform the functions, required in the 
position for which applicafion is being made, or to associate with chil- 
dren. 

(e) The governing board of a school district or the county superinten- 
dent of schools office may require certificated employees to undergo a 
periodic medical examination by a licensed physician and surgeon to de- 
termine that the employee is free from any communicable disease unfit- 
ting the employee to instruct or associate with children. Such examina- 
tion shall be at the expense of the school district and may be recorded in 
a locally developed medical refen-al form. 

NOTE: Authority cited: Secfion 44843, Education Code. Reference: Section 
44843, Education Code. 

History 

1 . New section filed 1-17-75; effective thirtieth day thereafter (Register 75, No. 
3). 

2. Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth 
day thereafter (Register 77, No. 39). 

3. Renumbering of Secfion 5505 to Section 5504 filed 1 1-9-79; effective thinieth 
day thereafter (Register 79, No. 45). For history of former Section 5504. see 
Register 78, No. 45. 



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Title 5 



Subchapter 2. Duties of Certificated and 
Noncertificated Personnel 



Article 1. 



Duties of All Certificated 
Personnel 



§ 5530. Moral Supervision. 

All certificated personnel shall exercise careful supervision of the 
moral conditions in their respective schools. The governing board, prin- 
cipals, and other certificated personnel shall not tolerate any act of a pupil 
described in Section 301. 

History 
1 . New Chapter 1 (§§ 3530, 5531 , 5550-5556, 5570 and 5590) filed 9-23-69 ef- 
fective thirtieth day thereafter (Register 69, No. 39). 

§ 5531. Supervision of Extracurricular Activities of Pupils. 

All social activities of pupils, wherever held, if conducted under the 
name or auspices of a public school or of any class or organization there- 
of, shall be under the direct supervision of certificated employees of a dis- 
trict or an office of a county superintendent of schools. 
NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 
33031(c) and 33352, Education Code. 

History 

1. Amendment filed 3-7-78; effective thirtieth day thereafter (Register 78, No. 
10). 

2. New subsection (b) filed 7-30-81; effective thirtieth day thereafter (Register 
81, No. 31). 

3. Amendment filed 8-26-82; effective upon filing pursuant to Government Code 
Section 11 346.2(d) (Register 82, No. 35). 

4. Amendment filed 6-29-84; effective upon filing pursuant to Government Code 
Section 1 1346.2(d) (Register 84, No. 26). 

5. Amendment filed 8-5-85; effective upon filing pursuant to Government Code 
Section 1 1346.2(d) (Register 85, No. 32). 

6. Amendment filed 11-2-88; operative 12-2-88 (Register 88, No. 46). 

§ 5532. Employment of Noncertificated Athletic Coaches. 

NOTE: Authority cited: Sections 33031 and 35160, Education Code. Reference: 
Section 33352, Education Code. 

History 

1. New section filed 8-5-85; effective upon filing pursuant to Government Code 
Section 11346.2(d) (Register 85, No. 32). 

2. Repealer filed 11-2-88; operafive 12-2-88 (Register 88, No. 46). 



Article 2. Duties of Principals 

§ 5550. Principal. 

The governing board of each school district shall employ a principal 
for each school of the district who may also be a teacher. One person may 
be employed as principal of more than one school. In a one-teacher 
school the teacher is the principal. 

§ 5551. Administration of School. 

The principal is responsible for the supervision and administration of 
his school. 

History 

1 . Organizational headings of CCR were renamed as a result of CCR Reformat 
Project as follows: "Chapter" was renamed to "Subchapter"; "Division" was re- 
named to "Chapter"; and "Part" was renamed to "Division." 

§ 5552. Playground Supervision. 

Where playground supervision is not otherwise provided, the princi- 
pal of each school shall provide for the supervision by certificated em- 
ployees of the conduct and safety, and for the direction of the play, of the 
pupils of the school who are on the school grounds during recess and oth- 
er intermissions and before and after school. 



§ 5553. Dissemination of Information. 

(a) The principal of a school shall inform all employees in the school 
of the provisions of Articles 2 and 3 of Chapter 1 of Division 2 (pupils). 
He shall inform all certificated employees of the provisions of this chap- 
ter. 

(b)The principal of the school shall inform, or cause to be informed of 
the provisions of Articles 2 and 3 of Chapter 1 of Division 2 (pupils) all 
pupils of the school in a way that the principal deems appropriate to the 
grade level of the pupils. 

§ 5554. Records to Be Kept on File by All Principals in the 
Office of the School. 

Note: Authority cited: Secfion 33031, Education Code. Reference: Section 
32001, Education Code. 

History 
1 . Repealer filed 1 1-7-79; effective thirtieth day thereafter (Register 79, No. 45). 

§ 5555. Additional Records Kept by High School 
Principals. 

NOTE: Authority cited: Section 33031, Education Code. Reference: Secfions 
51200, 51269, 60260-60265, and 60400, Education Code. 

History 

1 . Repealer filed 1 1-7-79; effective thirtieth day thereafter (Register 79, No. 45). 

§ 5556. Reports to the State Department of Education. 

Note: Authority cited: Section 33031, Educafion Code. Reference: Section 
10043, Educafion Code. 

History 
1 . Repealer filed 1 1-7-79; effective thirtieth day thereafter (Register 79, No. 45). 



Article 3. Duties of Teachers 

§ 5570. When School Shall Be Open and Teachers 
Present. 

Unless otherwise provided by rule of the governing board of the school 
district, teachers are required to be present at their respective rooms, and 
to open them for admission of the pupils, not less than 30 minutes before 
the time prescribed for commencing school. 

All teachers shall observe punctually the hours fixed by regulation of 
the governing board of the school district for opening and closing school. 

Article 4. Duties of District 
Superintendents 

§ 5580. Library Records. 

The district superintendent (or principal if there is no superintendent) 
shall keep or cause to be kept the following school library records: 

(a) Records of the acquisition of all school library materials which, 
with reasonable care and use, may be expected to last more than one year. 
Such records shall be kept in a book or card file provided for the purpose 
and shall include the name of the author, or other appropriate identifica- 
tion, the title, and the date recorded. 

(b) An index, by name of author, title, and subjects, of all materials de- 
scribed in (a). If no author is identifiable, another appropriate entry may 
be substituted. 



Article 5. 



Duties of Temporary Athletic 
Team Coaches 



§ 5590. Definitions. 

(a) "Temporary athleUc team coach" as used in this article implements 
the substance of Education Code Sections 35 179.5 and 44919. A "tempo- 
rary athletic team coach" is a certificated or noncertificated employee, 
other than a substitute employee, hired to supervise or instruct interscho- 
lastic athletic activities as a temporary employee in a limited assignment 
capacity. The term is applicable to a certificated employee who super- 
vises or instructs interscholastic athletic activities in addition to his or her 
regular assignment. 



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§ 5593 



(b) An "athleiic team" as used in this article is any team participating 
in any interscholastic athletic competition. 

(c) An "interscholastic athletic competition" as used in this article is 
an interscholastic competition involving two or more schools. 

(d) A "valid cardiopulmonary resuscitation (CPR) card" as used in this 
article is an unexpired CPR curd obtained by successfully completing ei- 
ther: 

( 1 ) One of the courses listed in Section 1 00026 of Title 22 of California 
Code of Regulations (CCR) (two options being a course in cardiopulmo- 
nary resuscitation sponsored and/or approved by either the American 
Heart Association or the American Red Cross); or 

(2) Subject to the conditions set out in this subsection below, a course 
from an entity which, in the judgment of the governing board of the 
school district, has provided the individual with CPR training that com- 
plies with the standards set out in Article 3 of Chapter 1.5 of Title 22 of 
the CCR, commencing with Section 100019. 

(A) "Cardiopulmonary resuscitation" as it is used in this article shall 
conform to the definition of "cardiopulmonary resuscitation" as defined 
in Section 10006 of Title 22 of the CCR entailing standards promulgated 
by the American Heart Association and the American Red Cross. 

(B) An expired CPR or first aid card can be revalidated in accordance 
with the retraining requirement set out in Section 100025 of Title 22 of 
the CCR. 

(e) A "valid first aid card" as used in this article is any unexpired first 
aid card obtained by successfully completing either: 

( 1 ) One of the courses Hsted in Section 1 00026 of Title 22 of the Cali- 
fornia Code of Regulations (CCR) (one option being a course in first aid 
sponsored and/or approved by the American Red Cross); or 

(2) Subject to the conditions set out in this subsection below, a course 
from an entity which, in the judgment of the governing board of the 
school district, has provided the individual with first aid training that 
complies with the standards set out in Article 3 of Chapter 1.5 of Title 22 
of the CCR, commencing with Section 100019. 

(A) "First aid" as it is used in this article shall conform to the definition 
of "first aid" as defined in Section 100008 of Title 22 of the CCR. 

(B) An expired CPR or first aid card can be revalidated in accordance 
with the retraining requirements set out in Secfion 100025 of Title 22 of 
the CCR. 

NOTE: Authority cited: Sections 33031 and 35179.5, Education Code. Reference: 
Sections 33353. 35179.5 and 44919(b), Education Code. 

History 
] . Renumbering of former Section 5590 to Section 5580, and new Section 5590 
filed 1 1-2-88; operative 12-2-88 (Register 88, No. 46). 

§ 5591 . Supervision of Athletic Team Activities. 

(a) All athletic team activities, wherever held, if conducted under the 
name and auspices of a public school or of any class or organization 
thereof, may be under the direct supervision of a temporary athletic team 
coach. Effective July 1 , 1988, coaches shall meet the requirements of sec- 
tion 5593. 

(b) Noncertificated coaches shall have no authority to give grades to 
students. 

NOTE: Authority cited: Sections 33031 and 35179.5, Education Code. Reference: 
Section 35179.5, Education Code. 

History 
1. New section filed 11-2-88; operative 12-2-88 (Register 88, No. 46). 

§ 5592. Use of Noncertificated Temporary Atiiletic Team 
Coacli. 

The governing board of any school district may use a noncertificated 
temporary athletic team coach as defined in Section 5590 to supervise 
and instruct in interscholastic athletic programs and activities subject to 
the following general conditions: 

(a) The district shall not use any noncertificated temporary athletic 
team coach who has been convicted of any offense referred to in Educa- 
tion Code Sections 44010, 44011, or 44424 or any offense involving 
moral turpitude or evidencing unfitness to associate with children. 



(b) The district has on file a v^ritten statement from a licensed physi- 
cian or other authorized individual approved by the district that the non- 
certificated temporary athletic team coach is free from tuberculosis and 
any other contagious disease that would prohibit certificated teachers 
from teaching. The statement shall be renewed every four years. 

(c) The noncertificated temporary athletic team coach complies with 
Section 5593. 

NOTE: Authority cited: Sections 33031 and 35179.5, Education Code. Reference: 
Section 35179.5, Education Code. 

History 

1. New section filed 1 1-2-88; operative 12-2-88 (Register 88, No. 46). 

2. Change without regulatory effect repealing subsection (a) and relettenng fol- 
lowing subsections filed 1 1-21-91 pursuant to section 100, title!, California 
Code of Regulations (Register 92, No. 8). 

§ 5593. Temporary Atiiletic Team Coach Qualifications and 
Competencies. 

This section applies to any person serving at any grade level as a tem- 
porary athletic team coach. 

(a) The district shall determine whether a temporary athletic team 
coach is knowledgeable and competent in the areas of: 

(1) Care and prevention of athletic injuries, basic first aid and emer- 
gency procedures; 

(2) Coaching techniques; 

(3) Rules and regulauons in the athletic activity being coached; and 

(4) Child or adolescent psychology, whichever is appropriate to the 
grade level of the involved sports activity. 

(b) The district shall establish a temporary athletic team coach's quali- 
fications in each of the below specified four competency areas. 

( 1 ) Care and prevenUon of athleUc injuries, basic sports injury first aid, 
and emergency procedures as evidenced by one or more of the following: 

(A) Complefion of a college-level course in the care and prevention 
of athlefic injuries and possession of a valid cardiopulmonary resuscita- 
tion (CPR) card; or 

(B) A valid sports injury certificate or first aid card, and a valid cardio- 
pulmonary resuscitation CPR card; or 

(C) A valid Emergency Medical Technician (EMT) I or II card; or 

(D) A valid trainer's cerfificauon issued by the National or California 
Athletic Trainers' Associafion (NATA/CATA); or 

(E) The person has had practical experience under the supervision of 
an athletic coach or trainer, or has assisted in team athletic training and 
conditioning, and has both valid CPR and first aid cards. 

(2) Coaching theory and techniques in the sport or game being 
coached, as evidenced by one or more of the following: 

(A) Completion of a college course in coaching theory and techniques; 
or 

(B) Completion of in-service programs arranged by a school district 
or a county office of education; or 

(C) Prior service as a student coach or assistant athletic coach in the 
sport or game being coached; or 

(D) Prior coaching in community youth athletic programs in the sport 
to be coached; or 

(E) Prior participation in organized competitive athletics at high 
school level or above in the sport to be coached. 

(3) Knowledge of the rules and regulations pertaining to the sport or 
game being coached, the league rules and, at the high school level, regu- 
lations of the CIF. 

(4) Knowledge of child or adolescent psychology as it relates to sports 
participafion as evidenced by one or more of the following: 

(A) Completion of a college-level course in child psychology for ele- 
mentary school positions and adolescent or sports psychology for sec- 
ondary school posiUons; or 

(B) Complefion of a seminar or workshop on human growth and devel- 
opment of youth; or 

(C) Prior acfive involvement with youth in a school or community 
sports program. 

(c) The school district superintendent may waive compliance with any 
one or more of the competencies described in subsection (a) provided 



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§5594 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 5 



that the person is enrolled in a program leading to acquisition of a compe- 
tency. Until the competencies are met, the prospective coach shall serve 
under the immediate supervision of a fully qualified temporary athletic 
team coach. 

NOTE: Authority cited: Sections 3303 1 and 35 1 79.5, Education Code. Reference: 
Sections 33352 and 35179.5, Education Code. 

History 
I . New section filed 1 1-2-88; operative 12-2-88 (Register 88, No. 46). 

§ 5594. Local Board Certification of Athletic Coaches. 

At the first regular board meeting or within 30 days after selection of 
a temporary athletic team coach, whichever is sooner, the district super- 
intendent shall certify to the local board of trustees that the provisions in 
Section 5593 have been met. The board shall, by April 1 of each year, cer- 
tify to the State Board of Education that the provisions of Section 5593 
have been met. Said certification form shall be prescribed by the State 
Department of Education. 

Note: Authority cited: Sections 33031 and 35179.5, Education Code. Reference: 
Section 35179.5(b), Education Code. 

History 
1. New section filed 1 1-2-88; operative 12-2-88 (Register 88, No. 46). 

§ 5595. Recertification of Temporary Athletic Team 
Coaches. 

Once a district has determined that a coach meets the provisions of 
Section 5593, the district may recertify the coach. 

NOTE: Authority cited: Sections 33031 and 35179.5, Education Code. Reference: 
Section 35179.5. Education Code. 

History 
1. New section filed 1 1-2-88; operafive 12-2-88 (Register 88, No. 46). 

§ 5596. Code of Ethical Conduct. 

Each school district shall, no later than 90 days subsequent to the filing 
of this chapter with the Secretary of State, implement the following listed 
standards of ethical conduct for each temporary, probationary, or perma- 
nent employee of a school district providing supervisory and instruction- 
al services in interscholastic athletic programs and activities. Any speci- 
fied person providing such services to the district shall: 

(a) Show respect for players, officials and other coaches. 

(b) Respect the integrity and judgment of game officials. 

(c) Establish and model fair play, sportsmanship, and proper conduct. 

(d) Establish player safety and welfare as the highest priority. 

(e) Provide proper supervision of students at all times. 

(f) Use discretion when providing constructive criticism and when 
reprimanding players. 

(g) Maintain consistency in requiring all players to adhere to the estab- 
lished rules and standards of the game to be played. 

(h) Properly instruct players in the safe use of equipment. 

(i) Avoid exerting undue influence on a pupil's decision to enroll in an 
athletic program at any public or private post-secondary educational in- 
stitution. 

(j) Avoid exerting undue influence on pupils to take lighter academic 
course(s) in order to be eligible to participate in athletics. 

(k) Avoid suggesting, providing, o encouraging any athlete to use non- 
prescription drugs, anabolic steroids, or any substance to increase physi- 
cal development or performance that is not approved by the United States 
Food and Drug Administration, Surgeon General of the United States or 
American Medical Association. 

(1 ) Avoid recruitment of athletes from other schools. 

(m) Follow the rules of behavior and the procedures for crowd control 
as established by the local board of education and the league in which the 
district participates. 



NOTE: Authority cited: Sections 33031 and 35179.7, Education Code. Reference: 
Section 35179.7, Education Code. 

History 
1 . New section filed 1 1-2-88; operafive 12-2-88 (Register 88, No. 46). 



Subchapter 3. Rights of Certificated 
Personnel 

§ 5600. Duty-Free Lunch Period. 

The duty-free lunch period for teachers and other certificated em- 
ployees required by Education Code Section 44813 shall be not less than 
30 minutes. It shall be allowed as near noon as is reasonably possible. 

If the principal leaves the school premises during his duty-free lunch 
period, he shall leave the vice-principal or other certificated employee 
in charge. 

Note: Authority cited: Secdon 44813, Educafion Code. 

History 

1 . New Chapter 3 ( §§ 5600, 5601) filed 9-23-69; effective thirtieth day thereafter 
(Register 69. No. 39). 

2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereaf- 
ter (Register 77, No. 39). 

§ 5601 . Transfer of Accumulated Sick Leave of Certificated 
Employees. 

As used in this section, "accumulated sick leave" means a leave of ab- 
sence for illness or injury that is earned under Education Code Section 
44978 but is unused. A transfer of accumulated sick leave (1) from any 
of the following — a California school district, county superintendent of 
schools, or the State Department of Education to any of the following — a 
school district (except a community college district), county superinten- 
dent of schools, or the Department of Education; or (2) from the Commis- 
sion for Teacher Preparation and Licensing or the Office of the Chancel- 
lor of the California Community Colleges to a school district (except a 
community college district), or county superintendent of schools is au- 
thorized by Education Code Sections 44979. 44980 and 44982, provided 
the certificated employee meets the eligibility requirements stated there- 
in. The transfer shall be accomplished as follows: 

(a) The person who accumulated the leave, using a form furnished or 
prescribed by the State Department of Education, requests his former em- 
ploying agency to send his new employing agency a written statement of 
his accumulated sick leave. 

(b) Upon receipt of the request, the former employing agency forth- 
with transmits to the new employing agency a statement of the person's 
accumulated sick leave certified to be true and correct by the officer or 
employee of the former employing agency who is charged with maintain- 
ing employee attendance records. 

(c) The new employing agency credits the person with the accumu- 
lated sick leave set forth in the certified statement. Any transfer of sick 
leave to the Department of Education shall be subject to the limitations 
specified by Education Code Section 44982.* 

NOTE: Authority cited: Secfions 44979, 44980 and 44982, Education Code. 

History 

1 . Amendment filed 1 2-21-73; effective thirtieth day thereafter (Register 73, No. 
51). 

2. Amendment of section and NOTE filed 9-23-77; effective thirtieth day thereaf- 
ter (Register 77, No. 39). 



Refer to regulations affecting transfer to California Community Colleges or the 
Office of the Chancellor of the California Community Colleges. See regulations 
adopted by the Board of Governors of the California Community Colleges, Title 
5, CAC, Part VI. 



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Title 5 



California Department of Education 



§5722 



Subchapter 4. Grants of Financial 
Assistance to Certificated Personnel 



Article 1. 



Scholarship Grants for Teachers 
of Reading 



§ 571 0. Application for a Scholarship Grant for Teachers 
of Reading. 

An application for a scholarship grant described in Education Code 
Section 54170 shall be made upon forms prescribed and furnished by the 
State Department of Education. The application shall: 

(a) Specify the institution which the applicant proposes to attend. 

(b) Specify the course or courses in which the