PART 1. GENERAL PROVISIONS [1. - 446.]

Part 1 enacted by Stats. 1976, Ch. 1010.

§§ 1–446 · 161 sections

CHAPTER 1. General Provisions §§ 1–97 · 51 sections
1. ARTICLE 1. Construction of Provisions §§ 1–11 · 11 sections
  - § 1 This code shall be known as the Education Code.
  - § 2 The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally…
  - § 3 The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be…
  - § 4 Whenever reference is made to any portion of this code or of any other law of this state, such reference applies to all amendments and additions now or…
  - § 5 Title, division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
  - § 6 If any provision of this code, or the application thereof to any person or circumstances is held invalid, the remainder of the code, and the application of…
  - § 7 Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer…
  - § 8 Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is…
  - § 9 The time in which any act provided by this code is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday,…
  - § 10 Unless the provisions or the context otherwise requires these general provisions, rules of construction, and definitions shall govern the construction of this…
  - § 11 (a) For purposes of this code, “assessed value” means 25 percent of full value to, and including, the 1980–81 fiscal year, and 100 percent of full value for…
2. ARTICLE 2. Continuation of Rights and Duties §§ 20–23 · 4 sections
  - § 20 All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code…
  - § 21 No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter…
  - § 22 No rights given by any license or certificate under any act repealed by this code are affected by the enactment of this code or by such repeal, but such rights…
  - § 23 All persons who, at the time this code goes into effect, are entitled to a certificate or credential under any act repealed by this code, are thereby entitled…
3. ARTICLE 3. Language of Instruction §§ 30–30.5 · 2 sections
  - § 30 (a) English shall be the basic language of instruction in all schools. (b) The governing board of a school district, or community college district, and any…
  - § 30.5 (a) Notwithstanding any other provision of law, bilingual education shall be defined as a system of instruction which builds upon the language skills of a…
4. ARTICLE 5. General Provisions, Public Schools §§ 50–54 · 4 sections
  - § 50 The public schools other than those supported exclusively by the state, are day and evening elementary, and day and evening secondary schools.
  - § 52 The secondary schools of the state are designated as high schools, technical schools, and adult schools.
  - § 53 The high schools of the state are designated as four-year high schools, junior high schools, senior high schools, continuation high schools, and evening high…
  - § 54 Notwithstanding Section 1020 of the Government Code, any pupil attending a California public secondary school who is under the age of 18 years may serve on any…
5. ARTICLE 6. Administration and Certification of Oaths § 60 · 1 section
  - § 60 The Superintendent of Public Instruction, Deputy and Assistant Superintendents of Public Instruction, secretary of the Superintendent of Public Instruction,…
6. ARTICLE 7. Definitions §§ 70–97 · 29 sections
  - § 70 Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required…
  - § 71 “Section” means a section of this code unless some other statute is specifically mentioned.
  - § 72 The present tense includes the past and future tenses, and the future, the present.
  - § 73 The masculine gender includes the feminine.
  - § 73.2 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
  - § 74 The singular number includes the plural, and the plural, the singular.
  - § 75 “Shall” is mandatory and “may” is permissive.
  - § 76 “Oath” includes affirmation.
  - § 77 “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and…
  - § 78 “Governing board” means board of school trustees, community college board of trustees, and city, and city and county board of education.
  - § 79 “City superintendent of schools” includes the superintendent of schools of a district lying wholly or partly within a city and county.
  - § 80 “Any school district” and “all school districts” mean school districts of every kind or class, except a community college district.
  - § 81 “Union school district” means a district composed of two or more school districts situated in the same county.
  - § 82 “Joint union school district” means a district composed of two or more school districts situated wholly or in part in different counties.
  - § 83 A unified school district means a district maintaining grades kindergarten or 1 through 12. A unified district may comprise territory in more than one county.
  - § 84 “City school district” includes a school district lying wholly or partly within a city and county.
  - § 85 Whenever “high school district” is used in this code, unless a contrary intent appears, it includes union high school districts, joint union high school…
  - § 86 A high school district, other than a city high school district, comprising two or more elementary school districts lying wholly in the same county is a union…
  - § 87 A school district lying in more than one county is a joint school district.
  - § 88 “State Board” or “state board” whenever used in this code means the State Board of Education, unless the context requires otherwise.
  - § 89 The word “department” whenever used in this code, unless the context otherwise requires, means the State Department of Education.
  - § 90 With respect to the personnel of school districts and other educational agencies, the terms “certificated” and “certified” have the same meaning.
  - § 91 “World language” means any language other than English, including American Sign Language, and is synonymous with “foreign language.”
  - § 92 “County” or “counties” as used in Sections 2300, 12300 to 12307, inclusive, 41000 to 41964, inclusive, 42100 to 42128, inclusive, 46000 to 46392, inclusive,…
  - § 93 Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such…
  - § 94 “Frontier school district” means a school district that meets either of the following conditions: (a) The total number of pupils in average daily attendance at…
  - § 95 “Superintendent” or “superintendent” whenever used in this code means the Superintendent of Public Instruction, unless the context requires otherwise.
  - § 96 “At-promise” has the same meaning as “at-risk,” as that term is generally understood, and consistent with federal law.
  - § 97 The term “emotional disturbance,” as defined in Section 300.8(c)(4) of Title 34 of the Code of Federal Regulations, and used throughout this code and the…
CHAPTER 2. Educational Equity §§ 200–280 · 83 sections
1. ARTICLE 1. Declaration of Purpose §§ 200–202 · 3 sections
  - § 200 It is the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender…
  - § 201 (a) All pupils have the right to participate fully in the educational process, free from discrimination and harassment. (b) California’s public schools have an…
  - § 202 The Legislature finds and declares all of the following: (a) California reaffirms that its laws and public policy support accurate and inclusive education in…
2. ARTICLE 2. Definitions §§ 210–214 · 13 sections
  - § 210 The definitions in this article shall govern the use of the terms defined for purposes of this chapter.
  - § 210.1 “Disability” includes mental and physical disability as defined in Section 12926 of the Government Code.
  - § 210.2 “Disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is…
  - § 210.3 “Educational institution” means a public or private preschool, elementary, or secondary school or institution; the governing board of a school district; or any…
  - § 210.7 “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior…
  - § 211 “Governing board” means the governing board of a school district.
  - § 212 “Nationality” includes citizenship, country of origin, and national origin.
  - § 212.1 (a) “Race or ethnicity” includes ancestry, color, ethnic group identification, and ethnic background. (b) “Race” is inclusive of traits associated with race,…
  - § 212.3 “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.
  - § 212.5 “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by…
  - § 212.6 “Sexual orientation” means heterosexuality, homosexuality, or bisexuality.
  - § 213 (a) “State financial assistance” means any funds or other form of financial aid appropriated or authorized pursuant to state law, or pursuant to federal law…
  - § 214 “State student financial aid” means any funds or other form of financial aid appropriated or authorized pursuant to state law, or pursuant to federal law…
3. ARTICLE 2.5. Pupil and Student Suicide Prevention Policies §§ 215–216.5 · 4 sections
  - § 215 (a) (1) The governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, shall, before the beginning of the 2017–18…
  - § 215.5 (a) (1) Commencing July 1, 2025, a public school, including a charter school, or a private school that serves pupils in any of grades 7 to 12, inclusive, and…
  - § 216 (a) The Behavioral Health Services Oversight and Accountability Commission shall, in consultation with the department and the State Department of Public…
  - § 216.5 (a) For purposes of this section, “local educational agency” means a county office of education, school district, state special school, or charter school that…
4. ARTICLE 2.6. Supports and Resources for Parents, Guardians, and Families of Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupils § 217 · 1 section
  - § 217 (a) (1) The department shall develop resources, or, as appropriate, update existing resources, for supports and community resources for the support of parents,…
5. ARTICLE 2.7. Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupil Resources §§ 218–219 · 3 sections
  - § 218 (a) No later than July 1, 2021, the department shall develop resources or, as appropriate, update existing resources for in-service training on schoolsite and…
  - § 218.3 (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school, serving pupils in any of…
  - § 219 (a) On or before July 1, 2024, the Superintendent shall convene an advisory task force to identify the needs of lesbian, gay, bisexual, transgender, queer,…
6. ARTICLE 3. Prohibition of Discrimination §§ 220–221.1 · 6 sections
  - § 220 No person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity,…
  - § 220.1 An employee or a contractor of a school district, county office of education, charter school, or state special school for the blind or the deaf, or a member of…
  - § 220.3 (a) An employee or a contractor of a school district, county office of education, charter school, or state special school for the blind or the deaf shall not…
  - § 220.5 (a) A school district, county office of education, charter school, state special school for the blind or the deaf, or a member of the governing board of a…
  - § 221 This article shall not apply to an educational institution that is controlled by a religious organization if the application would not be consistent with the…
  - § 221.1 The State Board of Education shall adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the…
7. ARTICLE 3.5. The California Racial Mascots Act §§ 221.2–221.3 · 2 sections
  - § 221.2 The Legislature finds and declares all of the following: (a) The use of racially derogatory or discriminatory school or athletic team names, mascots, or…
  - § 221.3 (a) For purposes of this section, “derogatory Native American term” includes, but is not necessarily limited to, Apaches, Big Reds, Braves, Chiefs, Chieftains,…
8. ARTICLE 4. Sex Equity in Education Act §§ 221.5–231.7 · 19 sections
  - § 221.5 (a) It is the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be…
  - § 221.51 (a) A local educational agency shall not apply any rule concerning a pupil’s actual or potential parental, family, or marital status that treats pupils…
  - § 221.6 On or before July 1, 2006, the department shall post on its Internet Web site, in both English and Spanish and at a reading level that may be comprehended by…
  - § 221.61 (a) On or before July 1, 2017, public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts,…
  - § 221.7 (a) The Legislature finds and declares that female pupils are not accorded opportunities for participation in school-sponsored athletic programs equal to those…
  - § 221.8 The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972…
  - § 221.9 (a) Commencing with the 2015–16 school year and every year thereafter, each public elementary and secondary school in the state, including each charter school,…
  - § 222 (a) A school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a…
  - § 222.5 (a) A local educational agency shall notify pregnant and parenting pupils of their rights and options available under the law through annual school year…
  - § 223 This chapter shall not apply to the membership practices of the Young Men’s Christian Association, Young Women’s Christian Association, girl scouts, boy…
  - § 224 (a) The sex discrimination provisions of this chapter shall not be construed to prevent the American Legion or the American Legion Auxiliary from operating…
  - § 224.5 (a) There is hereby established the gender equity train-the-trainer grant program. The Superintendent of Public Instruction shall award grants from funds…
  - § 225 This article shall not preclude father-son or mother-daughter activities at an educational institution, provided that if such activities are offered for…
  - § 229 Nothing contained in this article shall be construed to require any educational institution to grant preferential or disparate treatment to the members of one…
  - § 230 For purposes of this chapter, harassment and other discrimination on the basis of sex include, but are not limited to, the following practices: (a) On the…
  - § 231 Nothing herein shall be construed to prohibit any educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for…
  - § 231.5 (a) It is the policy of the State of California, pursuant to Section 200, that all persons, regardless of their sex, should enjoy freedom from discrimination…
  - § 231.6 (a) Each schoolsite in a school district, county office of education, or charter school, serving pupils in any of grades 9 through 12, inclusive, shall create…
  - § 231.7 The department shall make all of the following available on the department’s internet website: (a) Resources on abuse, including sexual, emotional, and…
9. ARTICLE 4.5. Single Gender Schools and Classes §§ 232–232.6 · 4 sections
  - § 232 The Legislature finds and declares that there are existing single gender schools and classes in California that may assist the state in evaluating whether or…
  - § 232.2 (a) (1) Notwithstanding Section 220 as it relates to discrimination on the basis of gender, and subdivisions (a) and (b) of Section 221.5, a school district…
  - § 232.4 (a) A school district that maintains an existing single gender school or classes or a charter school that is an existing single gender school or that continues…
  - § 232.6 This article shall become inoperative on July 1, 2031, and as of January 1, 2032, is repealed.
10. ARTICLE 4.7. Body Shaming § 232.7 · 1 section
  - § 232.7 (a) (1) (A) On or before June 30, 2025, the State Department of Education, in consultation with the California Health and Human Services Agency, the Behavioral…
11. ARTICLE 5. Hate Violence Prevention Act §§ 233–233.8 · 3 sections
  - § 233 (a) At the request of the Superintendent of Public Instruction, the State Board of Education shall do all of the following as long as the board’s actions do…
  - § 233.5 (a) Each teacher shall endeavor to impress upon the minds of the pupils the principles of morality, truth, justice, patriotism, and a true comprehension of the…
  - § 233.8 (a) The State Department of Education shall provide regional training to assist school district personnel in the identification and determination of hate…
12. ARTICLE 5.5. Safe Place to Learn Act §§ 234–234.5 · 7 sections
  - § 234 (a) This article shall be known, and may be cited, as the Safe Place to Learn Act. (b) It is the policy of the State of California to ensure that all local…
  - § 234.1 The department, pursuant to subdivision (b) of Section 64001, shall monitor adherence to the requirements of Chapter 5.3 (commencing with Section 4900) of…
  - § 234.2 (a) The department shall display current information, and periodically update information, on curricula and other resources that specifically address…
  - § 234.3 The department shall develop a model handout describing the rights and obligations set forth in Sections 200, 201, and 220 and the policies addressing…
  - § 234.4 (a) A local educational agency shall adopt, on or before December 31, 2019, procedures for preventing acts of bullying, including cyberbullying. (b) For…
  - § 234.41 (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to…
  - § 234.5 (a) (1) The Superintendent shall post, and annually update, on the department’s internet website and notify local educational agencies of the availability of a…
13. ARTICLE 5.6. Bullying and Harassment Prevention Information § 234.6 · 1 section
  - § 234.6 (a) For purposes of this article, “local educational agency” means a county office of education, school district, state special school, or charter school. (b)…
14. ARTICLE 5.7. Pupil Protections Relating to Immigration and Citizenship Status § 234.7 · 1 section
  - § 234.7 (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees…
15. ARTICLE 6. Alternative Schools, Charter Schools, and School Choice § 235 · 1 section
  - § 235 There shall be no discrimination on the basis of the characteristics listed in Section 220 in any aspect of the operation of alternative schools or charter…
16. ARTICLE 7. Instructional Materials §§ 240–244 · 5 sections
  - § 240 Governing boards of school districts shall adopt instructional materials in accordance with the provisions of Section 60040.
  - § 241 Nothing in the California Student Safety and Violence Prevention Act of 2000 requires the inclusion of any curriculum, textbook, presentation, or other…
  - § 242 No later than July 1, 2025, the department shall develop guidance and public educational materials, including an internet website and other communications…
  - § 243 (a) The governing board of a school district, a county board of education, or the governing body of a charter school shall not refuse to approve the use or…
  - § 244 (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school shall not adopt or approve the use of…
17. ARTICLE 8. Compliance §§ 250–253 · 4 sections
  - § 250 Prior to receipt of any state financial assistance or state student financial aid, an educational institution shall provide assurance to the agency…
  - § 251 (a) A school district shall submit timely, complete, and accurate compliance reports to the State Department of Education as that entity may require. (b) All…
  - § 252 (a) The Superintendent of Public Instruction shall, to the extent possible within existing resources, review and revise, where necessary, the policies and…
  - § 253 (a) Compliance with the sex discrimination provisions of this chapter and regulations adopted pursuant to this chapter shall be included in the annual…
18. ARTICLE 9. Enforcement §§ 260–262.4 · 3 sections
  - § 260 The governing board of a school district shall have the primary responsibility for ensuring that school district programs and activities are free from…
  - § 262.3 (a) (1) A party to a written complaint of prohibited discrimination may appeal the action taken by the governing board of a school district pursuant to this…
  - § 262.4 This chapter may be enforced through a civil action.
19. ARTICLE 10. Section 504 of the Rehabilitation Act of 1973 § 270 · 1 section
  - § 270 (a) Notwithstanding Section 632 of the Penal Code, a parent or guardian or local educational agency shall have the right to audio record the proceedings of…
20. ARTICLE 11. Notification § 280 · 1 section
  - § 280 (a) By October 1 of each year, the department shall issue a management bulletin to all local educational agencies describing the protections, requirements, and…
CHAPTER 3. English Language Education for Immigrant Children §§ 300–340 · 16 sections
1. ARTICLE 1. Findings and Declarations § 300 · 1 section
  - § 300 The people of California find and declare as follows: (a) Whereas, The English language is the national public language of the United States of America and of…
2. ARTICLE 2. English Language Education §§ 305–306 · 2 sections
  - § 305 (a) (1) As part of the parent and community engagement process required for the development of a local control and accountability plan pursuant to Article 4.5…
  - § 306 The definitions of the terms used in this article and in Article 1 (commencing with Section 300) are as follows: (a) “English learner” means a pupil who is…
3. ARTICLE 3. Parental Exceptions § 310 · 1 section
  - § 310 (a) Parents or legal guardians of pupils enrolled in the school may choose a language acquisition program that best suits their child pursuant to this section.…
4. ARTICLE 3.5. English Language Proficiency Assessment §§ 313–313.5 · 5 sections
  - § 313 (a) Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and…
  - § 313.1 For purposes of this article, the following terms have the following meanings: (a) (1) “Long-term English learner” means an English learner to which all of the…
  - § 313.2 (a) The department shall annually ascertain the number of pupils in each school district and school, including a school that is within the jurisdiction of a…
  - § 313.3 (a) On or before December 31, 2023, the department shall develop a standardized English language teacher observation protocol for use by teachers in evaluating…
  - § 313.5 (a) By January 1, 2014, the department shall review and analyze the criteria, policies, and practices that a sampling of school districts that represent the…
5. ARTICLE 4. Community-Based English Tutoring §§ 315–316 · 2 sections
  - § 315 In furtherance of its constitutional and legal requirement to offer special language assistance to children coming from backgrounds of limited English…
  - § 316 Programs funded pursuant to this section shall be provided through schools or community organizations. Funding for these programs shall be administered by the…
6. ARTICLE 5. Legal Standing and Parental Enforcement § 320 · 1 section
  - § 320 As detailed in Section 5 of Article IX of the California Constitution, and Article 2 (commencing with Section 305) and Article 3 (commencing with Section 310),…
7. ARTICLE 6. Severability § 325 · 1 section
  - § 325 If any part or parts of this statute are found to be in conflict with federal law or the United States or the California State Constitution, the statute shall…
8. ARTICLE 7. Operative Date § 330 · 1 section
  - § 330 This initiative shall become operative for all school terms which begin more than sixty days following the date on which it becomes effective.
9. ARTICLE 8. Amendment § 335 · 1 section
  - § 335 The provisions of this act may be amended by a statute that becomes effective upon approval by the electorate or by a statute passed by a majority vote of each…
10. ARTICLE 9. Interpretation § 340 · 1 section
  - § 340 Under circumstances in which portions of this statute are subject to conflicting interpretations, Section 300 shall be assumed to contain the governing intent…
CHAPTER 4. EL Roadmap Policy §§ 360–361 · 2 sections
- § 360 For purposes of this chapter, the following definitions apply: (a) “EL Roadmap Policy” means the California English Learner Roadmap State Board of Education…
- § 361 (a) (1) The State Department of Education shall develop a statewide implementation plan for the EL Roadmap Policy. (2) In developing the statewide…
CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act §§ 430–446 · 9 sections
- § 430 (a) This chapter shall be known, and may be cited, as the English Learner and Immigrant Pupil Federal Conformity Act. (b) The purpose of this chapter is to…
- § 435 For purposes of this chapter, the following terms have the following meanings: (a) “English learner” or “pupil of limited English proficiency” means a pupil…
- § 440 (a) A local educational agency shall provide instructional services to limited-English-proficient pupils and immigrant pupils in conformity with Section 6801…
- § 441 A local educational agency that receives federal funds for a language instruction program and that fails to make progress on the annual pupil achievement…
- § 442 In accordance with Section 6824 (d) of Title 20 of the United States Code, a local educational agency that experiences a significant increase, as determined by…
- § 443 (a) In accordance with Section 6826 of Title 20 of the United States Code, an eligible local educational agency desiring a subgrant pursuant to Section 6824 of…
- § 444 In accordance with Section 6826 (c) of Title 20 of the United States Code, a local educational agency that receives a federal subgrant pursuant to Sections…
- § 445 In accordance with Section 6846 of Title 20 of the United States Code, nothing in this chapter shall be construed to negate or supersede state law or the legal…
- § 446 In compliance with Section 6824 of Title 20 of the United States Code, the Superintendent of Public Instruction may not award a subgrant in an amount that is…