CHAPTER 3. State Department of Education [33300. - 33479.9.]
Heading of Chapter 3 amended by Stats. 1980, Ch. 1059, Sec. 2.
§§ 33300–33479.9 · 114 sections
ARTICLE 1. General Provisions §§ 33300–33319.6 · 30 sections
- § 33300 There is in the state government a State Department of Education. Any reference to the Department of Education shall be deemed to be a reference to the State…
- § 33301 The Department of Education shall be administered through: (a) The State Board of Education which shall be the governing and policy determining body of the…
- § 33302 The Department of Education shall be conducted under the control of an executive officer known as the Director of Education.
- § 33303 The Superintendent of Public Instruction is ex officio Director of Education.
- § 33304 The provisions of Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3 of Title 2 of the Government Code, shall govern and apply to the…
- § 33305 Wherever in Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3 of Title 2 of the Government Code, the term “head of the department,” or…
- § 33306 The Department of Education is the successor to, and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Board of…
- § 33307 The Department of Education shall be in possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations,…
- § 33308 The Department of Education shall administer and enforce all laws now or hereafter imposing any duty, power, or function upon any of the bodies, offices,…
- § 33308.1 The State Department of Education shall adopt guidelines to be disseminated to parents or guardians of pupils that describe the procedures that a parent or…
- § 33308.5 (a) Program guidelines issued by the State Department of Education shall be designed to serve as a model or example, and shall not be prescriptive. Program…
- § 33309 In addition to the Division of Libraries of the Department of Education, established by law, the State Board of Education may, upon recommendation of the…
- § 33310 The State Department of Education may sell any educational materials and directories related to its scope and duties.
- § 33311 When the Department of Education fixes the price of any publication, it shall specify the class of persons or institutions that may receive copies of the…
- § 33312 Any county, or any school district, in this state may purchase the publications described in Sections 33309 to 33313, inclusive, from the Department of…
- § 33313 All moneys received from the sale of materials pursuant to Section 33310 of the Education Code shall be deposited in the State Treasury to the credit of the…
- § 33314 The State Board of Education may, upon recommendation of the Director of Education, establish in the Department of Education a school library consultant…
- § 33315 (a) The Superintendent shall establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for educational programs…
- § 33315.5 (a) (1) Beginning July 1, 2026, upon receipt of a complaint that alleges unlawful discrimination, harassment, intimidation, or bullying received by the…
- § 33316 The State Department of Education shall do all of the following: (a) Revise and update budget manuals, forms and guidelines. (b) Cooperate with federal and…
- § 33317 The Department of Education shall cooperate with the Educational Management and Evaluation Commission and shall as requested by the commission: (a) Prepare and…
- § 33317.3 (a) Commencing with the 2026–27 school year, the department shall collect and publish on its internet website, and local educational agencies shall provide to…
- § 33317.5 (a) Notwithstanding any other law, the department shall provide a report of public school pupil enrollment information, to be known as the “California raw…
- § 33318 (a) The Department of Education shall report the test results of all state-mandated testing programs to the individual school districts by not later than…
- § 33318.2 (a) The department shall, on or before March 1, 2025, and in compliance with Section 9795 of the Government Code, provide a report to the Superintendent, the…
- § 33318.5 (a) In addition to the dropout rate the department compiles pursuant to the federal Every Student Succeeds Act (Public Law 114–95), the department shall…
- § 33319 The State Department of Education shall encourage and assist school districts to improve and monitor the health of their pupils. The department shall provide…
- § 33319.3 The State Department of Education shall prepare materials on driver attitude and motivation that focus on the reduction of driving violations with particular…
- § 33319.5 The State Department of Education may encourage among school districts, county boards of education, and county superintendents of schools the implementation of…
- § 33319.6 (a) No later than September 30, 2026, the state board shall approve and the department shall post on its internet website criteria and guidance for the…
ARTICLE 1.5. Effective Educational Programs and Practices §§ 33320–33328.5 · 11 sections
- § 33320 (a) The purpose of this article is to identify, develop, validate, and disseminate effective educational programs and practices operated by state and local…
- § 33321 The Superintendent of Public Instruction shall establish procedures within the State Department of Education to accomplish all of the following: (a) Annually…
- § 33321.5 In performing the responsibilities set forth in Section 33321, the Superintendent of Public Instruction shall consult with high school and elementary school…
- § 33322 The State Board of Education may authorize the funding of any proposal of a school district, county office of education, public postsecondary educational…
- § 33323 The State Board of Education, upon review of the recommendation of the Superintendent of Public Instruction, shall validate, as an exemplary educational…
- § 33324 (a) The State Department of Education shall annually disseminate to each school district, county office of education, resource agency or consortium as…
- § 33325 All proposals submitted to the State Board of Education for funding pursuant to Section 33322 or 33324, or for validation pursuant to Section 33323, shall be…
- § 33326 The State Board of Education, upon review of the recommendation of the Superintendent of Public Instruction, may authorize funding for any proposal of a county…
- § 33327 (a) The State Department of Education, in performing the identification, development, evaluation, dissemination, or adoption of projects and practices under…
- § 33328 (a) It is the intent of the Legislature to evaluate the effectiveness of programs developed for English learners subsequent to Proposition 227 in order to…
- § 33328.5 (a) For purposes of this section, the following definitions apply: (1) “Artificial intelligence” means an engineered or machine-based system that varies in its…
ARTICLE 2. Finances §§ 33330–33338 · 8 sections
- § 33330 The department may expend the money in any appropriation, or in any special fund in the State Treasury now remaining or made available by law for the…
- § 33331 The Department of Education may expend the moneys in any appropriation heretofore or hereafter made for the support of the State Board of Education.
- § 33332 The Director of Finance may give the Director of Education authority to accept on behalf of, and in the name of, the state such gifts, donations, bequests, and…
- § 33333 Money received under Section 33332 may, with the approval of the Director of Finance, be deposited by the Director of Education to the credit of the department…
- § 33334 All moneys received by or for any school under the jurisdiction of the Department of Education from any agency of the federal government, directly or…
- § 33335 For the purposes of Government Code Section 11032, the following constitute, among other proper purposes of like or different character, state business for…
- § 33337 It is the intent of the Legislature that, for the 1989–90 fiscal year and each year thereafter, funds shall be provided to the State Department of Education…
- § 33338 (a) The department or any other state agency that administers a grant or allocation of state funds to a school district shall allow an indirect cost rate that…
ARTICLE 3. Educational Programs §§ 33350–33355 · 8 sections
- § 33350 The State Department of Education shall do all of the following: (a) Adopt rules and regulations that it deems necessary and proper to secure the establishment…
- § 33351 The Department of Education may employ the necessary expert and clerical assistants in order to carry out the provisions of this article.
- § 33352 (a) The department shall exercise general supervision over the courses of physical education in the elementary and secondary schools of the state; advise…
- § 33353 (a) The California Interscholastic Federation is a voluntary organization that consists of school and school-related personnel with responsibility for…
- § 33353.5 The California Interscholastic Federation shall not transact insurance as defined in Section 35 of the Insurance Code, nor shall the federation endorse any…
- § 33353.7 (a) No later than July 1, 2017, the California Interscholastic Federation, in consultation with the department, shall develop guidelines, procedures, and…
- § 33354 (a) The department shall have the following authority over interscholastic athletics: (1) The department may state that the policies of school districts, of…
- § 33355 (a) (1) On or before January 1, 2026, the department, in consultation with relevant stakeholders and experts, shall compile, and post on the department’s…
ARTICLE 4. Workshops §§ 33360–33363 · 3 sections
- § 33360 The Department of Education and a statewide association composed exclusively of school district governing boards or county boards of education, or both, acting…
- § 33362 Any member or member-elect of a school district governing board who attends and successfully completes a workshop as authorized by this article may be…
- § 33363 Any member or member-elect of a county board of education who attends and successfully completes a workshop as authorized by this article may be reimbursed for…
ARTICLE 5. Bureau of Indian Education § 33370 · 1 section
- § 33370 (a) There is hereby created within the department an American Indian Education Unit, which shall provide technical support to, and proper administrative…
ARTICLE 6. California Indian Education Centers §§ 33380–33384 · 5 sections
- § 33380 The Legislature hereby finds and declares that American Indian children have not performed well in California public schools as evidenced by low academic…
- § 33381 The California American Indian education centers established pursuant to this article shall serve as community-based educational resource centers to American…
- § 33382 The state board, upon the advice and recommendations of the Superintendent, shall approve revised guidelines for the selection and administration of California…
- § 33383 (a) An application for the establishment of a California American Indian education center may be made to the department by any tribal group or incorporated…
- § 33384 (a) (1) Each center shall annually submit a report to the department that includes appropriate data, presented in a format developed jointly with the…
ARTICLE 7. California Indian Education Act §§ 33390–33391 · 2 sections
ARTICLE 8. Educational Evaluations §§ 33400–33407 · 5 sections
- § 33400 It is the intention of the Legislature in enacting this article that: (a) Evaluations shall be performed in such a manner as to minimize the resources required…
- § 33403 The State Department of Education shall perform evaluations of those educational programs as determined to be necessary by the Superintendent of Public…
- § 33404 It is the understanding of the Legislature that the evaluation needs of the educational programs change over a period of time and during the progress of the…
- § 33406 The State Department of Education shall conduct special studies as determined to be necessary by the Superintendent of Public Instruction to carry out the…
- § 33407 The Superintendent of Public Instruction shall annually, not later than February 15, submit to the State Board of Education and the Legislature a proposal for…
ARTICLE 9. Audits of Contracting Agencies §§ 33420–33421 · 2 sections
- § 33420 (a) The Superintendent of Public Instruction, in cooperation with the Department of Finance and the State Auditor, shall, on or before July 1, 1980, provide…
- § 33421 Every private agency which receives state funds which may be audited pursuant to Section 33420 shall, at the request of the Superintendent of Public…
ARTICLE 9.5. California Youth Leadership Project §§ 33425–33428 · 4 sections
- § 33425 (a) The California Youth Leadership Project is hereby established under the department for the purpose of promoting youth civic engagement through meaningful…
- § 33426 (a) The California Youth Leadership Project shall be overseen by the California Youth Leadership Project Committee. (b) The California Youth Leadership Project…
- § 33427 Duties of the California Youth Leadership Project Committee shall include, but not be limited to, all of the following: (a) Develop and provide applications…
- § 33428 (a) The funds for the California Youth Leadership Project shall be allocated from the California Youth Leadership Fund pursuant to Article 4.5 (commencing with…
ARTICLE 10. The Learning Communities for School Success Program §§ 33430–33436 · 6 sections
- § 33430 The Learning Communities for School Success Program is hereby established for the purpose of implementing, pursuant to paragraph (1) of subdivision (a) of…
- § 33431 (a) A local educational agency that chooses to apply for funding pursuant to this article shall submit an application to the department to receive a grant, in…
- § 33432 (a) A local educational agency that receives a grant shall use the grant funds for planning, implementation, and evaluation of activities in support of…
- § 33433 (a) The department shall use the funding the Safe Neighborhoods and Schools Act authorizes for administrative costs pursuant to subdivision (b) of Section…
- § 33435 For purposes of this article, the following definitions apply: (a) “Community school” means a public school that participates in a community-based effort to…
- § 33436 This article shall not become operative unless funds are appropriated in the annual Budget Act or another statute to the Safe Neighborhoods and Schools Fund in…
ARTICLE 11. Pathways to Success Grant Program §§ 33440–33447 · 8 sections
- § 33440 For purposes of this article, the following terms have the following meanings: (a) “English learner” has the same meaning as defined in Section 306. (b)…
- § 33441 (a) The Pathways to Success Grant Program is hereby established with the goal of providing pupils in preschool, transitional kindergarten, kindergarten, and…
- § 33442 (a) (1) The department shall administer the Pathways to Success Grant Program, which shall be a three-year grant program. Commencing September 1, 2019, the…
- § 33443 The department shall perform all of the following functions in the administration of the Pathways to Success Grant Program: (a) Review applications and award…
- § 33444 The department shall consult with the following persons and entities in the development of the criteria for awarding the grants and in developing the…
- § 33445 (a) A grant recipient shall use the grant for any of the following purposes: (1) School administrator, teacher, and staff training specific to the…
- § 33446 On or before June 30, 2025, the department shall submit a report to the appropriate committees of the Legislature detailing the successes, best practices,…
- § 33447 This article shall be implemented only upon an appropriation for its purposes in the annual Budget Act or other statute.
ARTICLE 12. Intergenerational Education Programs §§ 33470–33473 · 5 sections
- § 33470 The State Department of Education shall administer intergenerational education programs in accordance with this article.
- § 33471 The State Department of Education shall establish criteria for the allocation of funds to intergenerational education programs. These criteria shall include…
- § 33471.5 The State Department of Education may allocate funds pursuant to this article to intergenerational education programs which operate without regard to school…
- § 33472 The department shall require continuation of contract requirements, such as matching of funds or provision of in-kind services, and any other provisions…
- § 33473 The State Department of Education may consult with the Department of Aging and the Commission on Aging regarding the criteria for selection of programs.
ARTICLE 13. The California Stem Cell and Biotechnology Education and Workforce Development Act of 2009 §§ 33475–33475.5 · 6 sections
- § 33475 This article shall be known, and may be cited, as the California Stem Cell and Biotechnology Education and Workforce Development Act of 2009.
- § 33475.1 The purpose of this article is to establish stem cell and biotechnology education and workforce development as a state priority and to promote stronger links…
- § 33475.2 For purposes of this article, the following definitions shall apply: (a) “CIRM” means the California Institute for Regenerative Medicine. (b) “Department”…
- § 33475.3 The department, in consultation with the CIRM and representatives of the biotechnology industry, shall promote stem cell and biotechnology education and…
- § 33475.4 The department shall post on its Internet Web site, and as appropriate, on the Internet Web site created pursuant to Section 52499.66, information and links to…
- § 33475.5 The department shall post on its Internet Web site links to the CIRM model curriculum on stem cell science and communicate to science teachers and school…
ARTICLE 13.5. The Eric Paredes Sudden Cardiac Arrest Prevention Act §§ 33479–33479.9 · 10 sections
- § 33479 This act shall be known, and may be cited, as the Eric Paredes Sudden Cardiac Arrest Prevention Act.
- § 33479.1 For purposes of this article, the following definitions apply: (a) “Athletic activity” includes all of the following: (1) Interscholastic athletics. (2) An…
- § 33479.2 (a) The department shall post on its Internet Web site guidelines, videos, and an information sheet on sudden cardiac arrest symptoms and warning signs, and…
- § 33479.3 Each school year, before a pupil participates in an athletic activity governed by the California Interscholastic Federation, the school shall collect and…
- § 33479.4 A school may hold an informational meeting before the start of each athletic season for all ages of competitors regarding the symptoms and warning signs of…
- § 33479.5 (a) A pupil who passes out or faints while participating in or immediately following an athletic activity, or who is known to have passed out or fainted while…
- § 33479.6 (a) A coach of an athletic activity shall complete the sudden cardiac arrest training course specified in Section 33479.2 and shall retake the training course…
- § 33479.7 On and after July 1, 2019, a coach who violates Section 33479.6 shall be subject to suspension from coaching any athletic activity until completion of the…
- § 33479.8 The sponsors of youth athletic activities are encouraged to follow the guidelines specified in this article.
- § 33479.9 This article is operative on July 1, 2017.