BlackletterCalifornia law

CHAPTER 2. Compulsory Education Law [48200. - 48361.]

Chapter 2 enacted by Stats. 1976, Ch. 1010.

§§ 48200–48361 · 103 sections

  1. ARTICLE 1. Persons Included §§ 48200–48208 · 19 sections
    • § 48200 Each person between the ages of 6 and 18 years not exempted under the provisions of this chapter or Chapter 3 (commencing with Section 48400) is subject to…
    • § 48200.5 Notwithstanding Section 48200, any resident of the City of Carson who is the parent or legal guardian of a person subject to compulsory education may enroll…
    • § 48201 (a) Except for pupils exempt from compulsory school attendance under Section 48231, any parent, guardian, or other person having control or charge of any minor…
    • § 48202 The county board of education of each county may establish, by resolution, the following regulation requiring the reporting of various types of severance of…
    • § 48203 (a) The superintendent of a school district and the principal of a private school in each county shall, upon the severance of attendance or the denial of…
    • § 48204 (a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district if he or she is any of the…
    • § 48204.1 (a) A school district shall accept from the parent or legal guardian of a pupil reasonable evidence that the pupil meets the residency requirements for school…
    • § 48204.2 (a) If a school district elects to undertake an investigation pursuant to subdivision (c) of Section 48204.1, the governing board of the school district shall…
    • § 48204.3 (a) For purposes of this section, the following definitions apply: (1) “Active military duty” means full-time military duty status in the active uniformed…
    • § 48204.4 (a) A pupil complies with the residency requirements for school attendance in a school district if he or she is a pupil whose parent or parents were residents…
    • § 48204.5 (a) The Legislature finds that school districts that are adjacent to the international border, because of their geographic position, face unique circumstances…
    • § 48204.6 (a) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a county office of education, a school district, or a…
    • § 48204.7 (a) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a county office of education, school district, or…
    • § 48205 (a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is: (1) Due to the pupil’s illness, including an absence for the…
    • § 48206.3 (a) A pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled…
    • § 48207 (a) Notwithstanding Section 48200, a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital,…
    • § 48207.3 (a) A pupil receiving individual instruction who is well enough to return to a school shall be allowed to return to the school, including a charter school,…
    • § 48207.5 Individual instruction in a pupil’s home pursuant to Section 48206.3 shall commence no later than five working days after a school district has determined that…
    • § 48208 (a) It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is…
  2. ARTICLE 2. Persons Excluded §§ 48210–48216 · 3 sections
    • § 48210 Children under six years of age are excluded from the public schools, except as provided in this code.
    • § 48213 If a pupil is excluded from attendance pursuant to Section 120230 of the Health and Safety Code or Section 49451 of this code, or if a principal or his or her…
    • § 48216 (a) The county office of education or the governing board of the school district of attendance shall exclude any pupil who has not been immunized properly…
  3. ARTICLE 3. Pupils Exempt §§ 48220–48232 · 9 sections
    • § 48220 The classes of children described in this article, shall be exempted by the proper school authorities from the requirements of attendance upon a public…
    • § 48222 Children who are being instructed in a private full-time day school by persons capable of teaching shall be exempted. Such school shall, except under the…
    • § 48223 Children who are mentally gifted and who are being instructed in a private full-time day school by persons capable of teaching, where all or part of the…
    • § 48224 Children not attending a private, full-time, day school and who are being instructed in study and recitation for at least three hours a day for 175 days each…
    • § 48225 The governing board of any school district which has children holding work permits to work temporarily in the entertainment or allied industries who are…
    • § 48225.5 (a) (1) Notwithstanding Section 48200, a pupil who holds a work permit to work for a period of not more than five consecutive days in the entertainment or…
    • § 48230 Children who hold permits to work shall be exempted, but such children shall be subject to compulsory attendance upon part-time classes.
    • § 48231 Notwithstanding Section 48201, pupils between 12 and 18 years of age who enter an attendance area from another state within 10 schooldays before the end of the…
    • § 48232 Notwithstanding any other provision of law, a child who will be 15 years old at the time a leave of absence is to begin may take a leave of absence from school…
  4. ARTICLE 4. Supervisors of Attendance §§ 48240–48246 · 7 sections
    • § 48240 (a) The governing board of each school district and each county superintendent of schools shall appoint a supervisor of attendance and any assistant…
    • § 48241 In any city or city and county no supervisor of attendance or assistant supervisors of attendance shall be appointed, unless he has been lawfully certificated…
    • § 48242 The governing board of a school district may appoint a school district supervisor of attendance to act under the direction of the county supervisor of…
    • § 48243 Two or more districts may unite in appointing a district supervisor of attendance and in paying his compensation.
    • § 48244 A school district may contract with the county superintendent of schools for the supervision of attendance of pupils in the school district. The county…
    • § 48245 In any district or districts with an average daily attendance of 1,000 or more school children, according to the annual school report of the last preceding…
    • § 48246 The attendance supervisor, who is a full-time attendance supervisor performing no other duties, of any county, city and county, or school district in which any…
  5. ARTICLE 5. Truants §§ 48260–48273 · 16 sections
    • § 48260 (a) A pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse three full days…
    • § 48260.5 Upon a pupil’s initial classification as a truant, the school district shall notify the pupil’s parent or guardian using the most cost-effective method…
    • § 48260.6 (a) In any county which has not established a county school attendance review board pursuant to Section 48321, the school district may notify the district…
    • § 48261 Any pupil who has once been reported as a truant and who is again absent from school without valid excuse one or more days, or tardy on one or more days, shall…
    • § 48262 Any pupil is deemed an habitual truant who has been reported as a truant three or more times per school year, provided that no pupil shall be deemed an…
    • § 48263 (a) If a minor pupil in a school district of a county is a habitual truant, or is a chronic absentee, as defined in Section 60901, or is habitually…
    • § 48263.5 (a) In any county which has established a county school attendance review board pursuant to Section 48321, the school attendance review board may notify the…
    • § 48263.6 Any pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse for 10 percent or…
    • § 48264 The attendance supervisor or his or her designee, a peace officer, a school administrator or his or her designee, or a probation officer may arrest or assume…
    • § 48264.5 A minor who is classified as a truant pursuant to Section 48260 or 48261 may be required to attend makeup classes conducted on one day of a weekend pursuant to…
    • § 48265 Any person arresting or assuming temporary custody of a minor pursuant to Section 48264 shall forthwith deliver the minor either to the parent, guardian, or…
    • § 48266 Any person taking action pursuant to Sections 48264 and 48265 shall report the matter, and the disposition made by him of the minor to the school authorities…
    • § 48267 Any pupil who has been found to be a person described in Section 602 and as a condition of probation is required to attend a school program approved by a…
    • § 48268 The court may render judgment that the parent, guardian, or person having the control or charge of the pupil shall deliver the pupil at the beginning of each…
    • § 48269 If the parent, guardian, or other person having control or charge of the pupil, within three days after the rendition of the judgment executes a bond to the…
    • § 48273 The governing board of each school district shall adopt rules and regulations to require the appropriate officers and employees of the district to gather and…
  6. ARTICLE 6. Violations §§ 48290–48297 · 8 sections
    • § 48290 The governing board of any school district, shall, on the complaint of any person, make full and impartial investigation of all charges against any parent,…
    • § 48291 If it appears upon investigation that any parent, guardian, or other person having control or charge of any child has violated any of the provisions of this…
    • § 48292 In counties, cities, and cities and counties, and in school districts having an attendance supervisor, the attendance supervisor shall make and file the…
    • § 48293 (a) Any parent, guardian, or other person having control or charge of any pupil who fails to comply with this chapter, unless excused or exempted therefrom, is…
    • § 48294 All fines paid as penalties for the violation of any of the provisions of this chapter shall, when collected or received, be paid over by the court or officer…
    • § 48295 Any judge of the superior court, in the county in which the school district is located, or in which the offense is committed, has jurisdiction of offenses…
    • § 48296 No fees shall be charged or received by any court or officer in any proceeding under this chapter.
    • § 48297 (a) (1) A state or local agency conducting a truancy-related mediation or prosecuting a pupil or a pupil’s parent or legal guardian pursuant to Article 5…
  7. ARTICLE 7. Pupil Attendance Alternatives §§ 48300–48317 · 16 sections
    • § 48300 For purposes of this article, the following definitions apply: (a) “Active military duty” means full-time military duty status in the active uniformed service…
    • § 48301 (a) (1) The governing board of a school district may elect to operate the school district as a school district of choice and may accept transfers from school…
    • § 48302 School districts are encouraged to hold informational meetings and make public announcements on the current educational programs the school district is…
    • § 48303 (a) The school district of choice shall not prohibit a transfer of a pupil pursuant to this article based upon a determination by the governing board of that…
    • § 48304 An application of any pupil for transfer may not be approved under this article if the transfer would require the displacement, from a school or program…
    • § 48305 School districts of choice may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants.
    • § 48306 (a) A school district of choice shall give first priority for attendance to siblings of children already in attendance in that school district. (b) A school…
    • § 48307 (a) A school district of residence with an average daily attendance greater than 50,000 may limit the number of pupils transferring to a school district of…
    • § 48308 (a) (1) An application requesting a transfer pursuant to this article shall be submitted by the parent of a pupil to the school district of choice before…
    • § 48309 (a) Any school district of choice that admits any pupil under this section may accept any completed coursework, attendance, and other academic progress…
    • § 48310 (a) The average daily attendance for pupils admitted by a school district of choice pursuant to this article shall be credited to that school district pursuant…
    • § 48311 Upon request of the pupil’s parent, each school district of choice that admits a pupil under this article to any school or program of the school district may…
    • § 48312 (a) Each school district may make information regarding its schools, programs, policies, and procedures available to any interested person upon request. (b) A…
    • § 48313 (a) (1) Pursuant to this article, each school district of choice shall keep an accounting of all requests made for transfers pursuant to this article and…
    • § 48314 It is the intent of the Legislature that every parent in this state be informed of his or her opportunity for currently existing school district of choice…
    • § 48317 Commencing with the 2018–19 school year, and each year thereafter, the department shall investigate complaints regarding a school district operating as a…
  8. ARTICLE 8. School Attendance Review Boards §§ 48320–48326 · 8 sections
    • § 48320 (a) In enacting this article it is the intent of the Legislature that intensive guidance and coordinated community services may be provided to meet the special…
    • § 48321 (a) (1) A county school attendance review board may be established in each county. The county school attendance review board may accept referrals or requests…
    • § 48321.5 (a) In every case in which a minor pupil has been referred to it under Section 48263, each county or local school attendance review board may, for the purpose…
    • § 48322 The county school attendance review board may encourage local school attendance review boards to maintain a continuing inventory of community resources,…
    • § 48323 Each of the departments or agencies authorized to participate in school attendance review boards may assign personnel to represent the department or agency on…
    • § 48324 The county school attendance review board may adopt such rules and regulations not inconsistent with law, as are necessary for its own government and to enable…
    • § 48325 (a) The Legislature finds and declares that statewide policy coordination and personnel training with respect to county attendance review boards will greatly…
    • § 48326 The department shall, by the beginning of the 2026–27 school year, post information on its internet website about the methods of reducing chronic absenteeism…
  9. ARTICLE 9. Improvement of Pupil Attendance §§ 48340–48341 · 2 sections
    • § 48340 In enacting this article it is the intent of the Legislature to encourage school districts and county offices of education maintaining any classes in…
    • § 48341 The Superintendent of Public Instruction shall prepare and disseminate to school districts and county superintendents of schools information regarding…
  10. ARTICLE 9.5. Local Educational Agency Instruction Collaboration Agreements §§ 48345–48349 · 2 sections
    • § 48345 (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (b) Notwithstanding any…
    • § 48349 This article shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed.
  11. ARTICLE 10. Open Enrollment Act §§ 48350–48361 · 13 sections
    • § 48350 This article shall be known, and may be cited, as the Open Enrollment Act.
    • § 48351 The purpose of this article is to improve pupil achievement, in accordance with the regulations and guidelines for the federal Race to the Top Fund, authorized…
    • § 48352 For purposes of this article, the following definitions apply: (a) “Low-achieving school” means any school identified by the Superintendent pursuant to the…
    • § 48353 The state board shall adopt emergency regulations to implement this article.
    • § 48354 (a) The parent of a pupil enrolled in a low-achieving school may submit an application for the pupil to attend a school in a school district of enrollment…
    • § 48355 (a) The school district of residence of a pupil or a school district of enrollment to which a pupil has applied to attend may prohibit the transfer of the…
    • § 48356 (a) A school district of enrollment may adopt specific, written standards for acceptance and rejection of applications pursuant to this article. The standards…
    • § 48357 Within 60 days of receiving an application pursuant to Section 48354, a school district of enrollment shall notify the applicant parent and the school district…
    • § 48358 A school district of enrollment that enrolls a pupil pursuant to this article shall accept credits toward graduation that were awarded to the pupil by another…
    • § 48359 (a) Each school district is encouraged to keep an accounting of all requests made for alternative attendance pursuant to this article and records of all…
    • § 48359.5 (a) For a school district of enrollment that is a basic aid school district, the apportionment of state funds for average daily attendance credited pursuant to…
    • § 48360 (a) From federal funds appropriated for this purpose, the Superintendent shall contract for an independent evaluation of the open enrollment program operated…
    • § 48361 No exercise of discretion by a district of enrollment in its administration of this article shall be overturned absent a finding as designated by a court of…