reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 2 - Student Organizations › Section 48932.

48932. The governing board of any school district may authorize any organization composed entirely of pupils attending the schools of the district to maintain such activities, including fund-raising activities, as may be approved by the governing board.
The governing board of any school district may, by resolution, authorize any student body organization to conduct fund-raising activities on school property during school hours provided that the governing board has determined that such activities will not interfere with the normal conduct of the schools.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 2 - Student Organizations › Section 48933.

48933. (a) The funds of any student body organization established in the public schools of any school district shall, subject to approval of the governing board of the school district, be deposited or invested in one or more of the following ways:
(1) Deposits in a bank or banks, or other institution, whose accounts are federally insured.
(2) Investment certificates or withdrawable shares in state-chartered savings and loan associations and savings accounts of federal savings and loan associations, provided those associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation.
(3) Purchase of repurchase agreements issued by savings and loan associations or banks.
(4) Purchase of bonds, notes, bills, certificates, debentures, or any other obligations issued by the United States of America.
(5) Shares or certificates for funds received or any form of evidence of interest or indebtedness issued by any credit union in this state, organized under the provisions of Division 5 (commencing with Section 14000) of the Financial Code or the statutes of the United States relating to credit unions insured by the administrator of the National Credit Union Administration or a comparable agency as provided by a state government.
(b) The funds shall be expended subject to such procedure as may be established by the student body organization subject to the approval of each of the following three persons, which shall be obtained each time before any of the funds may be expended: an employee or official of the school district designated by the governing board, the certificated employee who is the designated adviser of the particular student body organization, and a representative of the particular student body organization.
(Amended by Stats. 1992, Ch. 115, Sec. 3. Effective January 1, 1993.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 2 - Student Organizations › Section 48934.

48934. The funds of a student body organization established in the public schools for kindergarten and grades 1 to 6, inclusive, of any school district maintaining kindergarten and grades 1 to 6, inclusive, may be used to finance activities for noninstructional periods or to augment or to enrich the programs provided by the district.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 2 - Student Organizations › Section 48936.

48936. In addition to deposit or investment pursuant to Section 48933, the funds of a student body organization may be loaned or invested in any of the following ways:
(a) Loans, with or without interest, to any student body organization established in another school of the district for a period not to exceed three years.
(b) Invest money in permanent improvements to any school district property including, but not limited to, buildings, automobile parking facilities, gymnasiums, swimming pools, stadia and playing fields, where such facilities, or portions thereof, are used for conducting student extracurricular activities or student spectator sports, or when such improvements are for the benefit of the student body. Such investment shall be made on condition that the principal amount of the investment plus a reasonable amount of interest thereon shall be returned to the student body organization as provided herein. Any school district approving such an investment shall establish a special fund in which moneys derived from the rental of school district property to student body organizations shall be deposited. Moneys shall be returned to the student body organization as contemplated by this section exclusively from such special fund and only to the extent that there are moneys in such special fund. Whenever there are no outstanding obligations against the special fund, all moneys therein may be transferred to the general fund of the school district by action of the local governing board.
Two or more student body organizations of the same school district may join together in making such investments in the same manner as is authorized herein for a single student body. Nothing herein shall be construed so as to limit the discretion of the local governing board in charging rental for use of school district property by student body organizations as provided in Section 48930.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 2 - Student Organizations › Section 48937.

48937. The governing board of any school district shall provide for the supervision of all funds raised by any student body or student organization using the name of the school.
The cost of supervision may constitute a proper charge against the funds of the district.
The governing board of a school district may also provide for a continuing audit of student body funds with school district personnel.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 2 - Student Organizations › Section 48938.

48938. In schools or classes for adults, regional occupational centers or programs, or in elementary, continuation, or special education schools in which the student body is not organized, the governing board may appoint an employee or official to act as trustee for student body funds and to receive these funds in accordance with procedures established by the board. These funds shall be deposited in a bank, a savings and loan association, a credit union, or any combination of these financial institutions, approved by the board and shall be expended subject to the approval of the appointed employee or official and also subject to the procedure that may be established by the board.
(Amended by Stats. 2001, Ch. 430, Sec. 5. Effective January 1, 2002.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 3 - Speech and Other Communication › Section 48950.

48950. (a) A school district operating one or more high schools, a charter school, or a private secondary school shall not make or enforce a rule subjecting a high school pupil to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside of the campus, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution.
(b) A pupil who is enrolled in a school at the time that the school has made or enforced a rule in violation of subdivision (a) may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Upon motion, a court may award attorney’s fees to a prevailing plaintiff in a civil action pursuant to this section.
(c) This section does not apply to a private secondary school that is controlled by a religious organization, to the extent that the application of this section would not be consistent with the religious tenets of the organization.
(d) This section does not prohibit the imposition of discipline for harassment, threats, or intimidation, unless constitutionally protected.
(e) This section does not supersede, or otherwise limit or modify, the provisions of Section 48907.
(f) The Legislature finds and declares that free speech rights are subject to reasonable time, place, and manner regulations.
(g) An employee shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a pupil engaged in conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or Section 2 of Article I of the California Constitution.
(Amended by Stats. 2010, Ch. 142, Sec. 3. (SB 438) Effective January 1, 2011.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 4 - Notification of Parent or Guardian › Section 48980.3.

48980.3. The notification required pursuant to Section 48980 shall include information regarding pesticide products as specified in subdivision (a) of Section 17612.
(Added by Stats. 2000, Ch. 718, Sec. 2. Effective January 1, 2001.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 4 - Notification of Parent or Guardian › Section 48980.4.

48980.4. (a) The notification required pursuant to Section 48980 for pupils admitted to, or advancing to, the sixth grade shall include a notification to the pupil’s parent or guardian containing a statement about the state’s public policy described in subdivision (a) of Section 120336 of the Health and Safety Code, advising that the pupil adhere to current immunization guidelines, as recommended by the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention, the American Academy of Pediatrics, and the American Academy of Family Physicians, regarding full human papillomavirus (HPV) immunization before admission or advancement to the eighth grade level.
(b) The notification sent pursuant to subdivision (a) shall conform to the notification requirements outlined in this article.
(c) The notification sent pursuant to subdivision (a) shall also include the statement specified in subdivision (c) of Section 120336 of the Health and Safety Code.
(Added by Stats. 2023, Ch. 809, Sec. 2. (AB 659) Effective January 1, 2024.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 4 - Notification of Parent or Guardian › Section 48981.

48981. The notice shall be provided at the time of registration for the first semester or quarter of the regular school term. The notice may be provided using any of the following methods:
(a) By regular mail.
(b) If a parent or guardian requests to receive the notice in electronic format, by providing access to the notice electronically. Notice provided in electronic format shall conform to the requirements of Section 48985.
(c) By any other method normally used to communicate with the parents or guardians in writing.
(Amended by Stats. 2012, Ch. 17, Sec. 1. (AB 2262) Effective January 1, 2013.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 4 - Notification of Parent or Guardian › Section 48982.

48982. (a) The notice shall be signed by the parent or guardian and returned to the school. Signature of the notice is an acknowledgment by the parent or guardian that he or she has been informed of his or her rights but does not indicate that consent to participate in any particular program has either been given or withheld.
(b) If the notice is provided in electronic format pursuant to subdivision (b) of Section 48981, the parent or guardian shall submit to the school a signed acknowledgment of receipt of the notice.
(Amended by Stats. 2012, Ch. 17, Sec. 2. (AB 2262) Effective January 1, 2013.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 4 - Notification of Parent or Guardian › Section 48983.

48983. If any activity covered by the sections set forth in Section 48980 will be undertaken by the school during the forthcoming school term, the notice shall state that fact and shall also state the approximate date upon which any of such activities will occur.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 4 - Notification of Parent or Guardian › Section 48984.

48984. No school district shall undertake any activity covered by the sections set forth in Section 48980 with respect to any particular pupil unless the parent or guardian has been informed of such action pursuant to this article or has received separate special notification.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 4 - Notification of Parent or Guardian › Section 48985.

48985. (a) If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, all notices, reports, statements, or records sent to the parent or guardian of any such pupil by the public school or school district shall, in addition to being written in English, be written in the primary language, and may be responded to either in English or the primary language.
(b) Pursuant to subdivision (e) of Section 64001, the department shall monitor adherence to the requirements of subdivision (a) as part of its regular monitoring and review of public schools and school districts and shall determine the types of documents and languages a public school or school district translates to a primary language other than English, the availability of these documents to parents or guardians who speak a primary language other than English, and the gaps in translations of these documents.
(c) Based on census data submitted to the department pursuant to Section 52164 in the preceding fiscal year, the department shall notify a school district, by August 1 of each year, of the schools within the school district, and the primary language other than English, for which the translation of documents is required pursuant to subdivision (a). The department shall make that notification using electronic methods.
(d) The department shall use existing resources to comply with subdivisions (b) and (c).
(Amended by Stats. 2019, Ch. 51, Sec. 35. (SB 75) Effective July 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 4 - Notification of Parent or Guardian › Section 48985.5.

48985.5. (a) A local educational agency shall inform the parents or guardians of each enrolled pupil about the dangers associated with using synthetic drugs that are not prescribed by a physician, such as fentanyl. Parents or guardians shall also be informed of the possibility that dangerous synthetic drugs can be found in counterfeit pills.
(b) (1) The information shall be annually provided to parents or guardians at the beginning of the first semester or quarter of the regular school term.
(2) The information may be provided to parents or guardians pursuant to Section 48980.
(c) If a local educational agency maintains an internet website, the local educational agency shall post the information on their internet website and shall ensure that each individual school within the local educational agency that maintains an individual internet website also posts the information on that school’s internet website.
(d) As used in this section, a “local educational agency” means a school district, county office of education, or charter school.
(Added by Stats. 2023, Ch. 123, Sec. 1. (AB 889) Effective January 1, 2024.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 4.5 - Guidelines for Filing Complaint of Child Abuse › Section 48987.

48987. The governing board of a school district or county office of education shall upon request disseminate the guidelines adopted by the State Department of Education pursuant to Section 33308.1 to parents or guardians of minor pupils in the primary language of the parent or guardian. The governing board of a school district or county office of education is encouraged to inform a parent or guardian, that desires to file a complaint against a school employee or other person that commits an act of child abuse as defined in Section 11165.6 of the Penal Code against a pupil at a schoolsite, of the procedures for filing the complaint with local child protective agencies pursuant to the Child Abuse and Neglect Reporting Act, established pursuant to Chapter 1444 of the Statutes of 1987. In the case of oral communications with the parent or guardian whose primary language is other than English, concerning that guideline or the procedures for filing child abuse complaints, the governing board shall provide an interpreter for that parent or guardian.
(Added by Stats. 1994, Ch. 1172, Sec. 13. Effective January 1, 1995.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 5 - Prohibition of Corporal Punishment › Section 49000.

49000. The Legislature finds and declares that the protection against corporal punishment, which extends to other citizens in other walks of life, should include children while they are under the control of the public schools. Children of school age are at the most vulnerable and impressionable period of their lives and it is wholly reasonable that the safeguards to the integrity and sanctity of their bodies should be, at this tender age, at least equal to that afforded to other citizens.
(Repealed and added by Stats. 1986, Ch. 1069, Sec. 2.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 5 - Prohibition of Corporal Punishment › Section 49001.

49001. (a) For the purposes of this section “corporal punishment” means the willful infliction of, or willfully causing the infliction of, physical pain on a pupil. An amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury to persons or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section. Physical pain or discomfort caused by athletic competition or other such recreational activity, voluntarily engaged in by the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section.
(b) No person employed by or engaged in a public school shall inflict, or cause to be inflicted corporal punishment upon a pupil. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or authorizing the infliction of corporal punishment upon a pupil attending a public school is void and unenforceable.
(Repealed and added by Stats. 1986, Ch. 1069, Sec. 4.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 5.2 - Restraint and Seclusion › Section 49005.

49005. The Legislature finds and declares all of the following:
(a) While it is appropriate to intervene in an emergency to prevent a pupil from imminent risk of serious physical self-harm or harm of others, restraint and seclusion are dangerous interventions, with certain known practices posing a great risk to child health and safety.
(b) United States Department of Education guidelines specify that the use of restraint and seclusion must be consistent with the child’s right to be treated with dignity and to be free from abuse.
(c) Restraint and seclusion should only be used as a safety measure of last resort, and should never be used as punishment or discipline or for staff convenience.
(d) Restraint and seclusion may cause serious injury or long lasting trauma and death, even when done safely and correctly.
(e) There is no evidence that restraint or seclusion is effective in reducing the problem behaviors that frequently precipitate the use of those techniques.
(f) Pupils with disabilities and pupils of color, especially African American boys, are disproportionately subject to restraint and seclusion.
(g) Well-established California law already regulates restraint techniques in a number of settings, including general acute care hospitals, acute psychiatric hospitals, psychiatric health facilities, crisis stabilization units, community treatment facilities, group homes, skilled nursing facilities, intermediate care facilities, community care facilities, and mental health rehabilitation centers. These minimal protections should be provided to all pupils in schools.
(h) It is the intent of the Legislature to ensure that schools foster learning in a safe and healthy environment and provide adequate safeguards to prevent harm, and even death, to children in school.
(i) This article is intended to be read to be consistent with, and does not change any requirements, limitations, or protections in, existing law pertaining to pupils with exceptional needs.
(j) It is the intent of the Legislature to prohibit dangerous practices. Restraint and seclusion, as described in this article, do not further a child’s education. At the same time, the Legislature recognizes that if an emergency situation arises, the ability of education personnel to act in that emergency to safeguard a pupil or others from imminent physical harm should not be restricted.
(Amended by Stats. 2019, Ch. 497, Sec. 62. (AB 991) Effective January 1, 2020.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 5.2 - Restraint and Seclusion › Section 49005.2.

49005.2. A pupil has the right to be free from the use of seclusion and behavioral restraints of any form imposed as a means of coercion, discipline, convenience, or retaliation by staff. This right includes, but is not limited to, the right to be free from the use of a drug administered to the pupil in order to control the pupil’s behavior or to restrict the pupil’s freedom of movement, if that drug is not a standard treatment for the pupil’s medical or psychiatric condition.
(Added by Stats. 2018, Ch. 998, Sec. 1. (AB 2657) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 5.2 - Restraint and Seclusion › Section 49005.4.

49005.4. An educational provider may use seclusion or a behavioral restraint only to control behavior that poses a clear and present danger of serious physical harm to the pupil or others that cannot be immediately prevented by a response that is less restrictive.
(Added by Stats. 2018, Ch. 998, Sec. 1. (AB 2657) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 5.2 - Restraint and Seclusion › Section 49005.6.

49005.6. An educational provider shall avoid, whenever possible, the use of seclusion or behavioral restraint techniques.
(Added by Stats. 2018, Ch. 998, Sec. 1. (AB 2657) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 5.2 - Restraint and Seclusion › Section 49005.8.

49005.8. (a) An educational provider shall not do any of the following:
(1) Use seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation.
(2) Use locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.
(3) Use a physical restraint technique that obstructs a pupil’s respiratory airway or impairs the pupil’s breathing or respiratory capacity, including techniques in which a staff member places pressure on a pupil’s back or places his or her body weight against the pupil’s torso or back.
(4) Use a behavioral restraint technique that restricts breathing, including, but not limited to, using a pillow, blanket, carpet, mat, or other item to cover a pupil’s face.
(5) Place a pupil in a facedown position with the pupil’s hands held or restrained behind the pupil’s back.
(6) Use a behavioral restraint for longer than is necessary to contain the behavior that poses a clear and present danger of serious physical harm to the pupil or others.
(b) An educational provider shall keep constant, direct observation of a pupil who is in seclusion, which may be through observation of the pupil through a window, or another barrier, through which the educational provider is able to make direct eye contact with the pupil. The observation required pursuant to this subdivision shall not be through indirect means, including through a security camera or a closed-circuit television.
(c) An educational provider shall afford to pupils who are restrained the least restrictive alternative and the maximum freedom of movement, and shall use the least number of restraint points, while ensuring the physical safety of the pupil and others.
(d) If prone restraint techniques are used, a staff member shall observe the pupil for any signs of physical distress throughout the use of prone restraint. Whenever possible, the staff member monitoring the pupil shall not be involved in restraining the pupil.
(Added by Stats. 2018, Ch. 998, Sec. 1. (AB 2657) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 5.2 - Restraint and Seclusion › Section 49006.2.

49006.2. Notwithstanding Section 49006, the data collection and reporting requirements contained in this article shall be conducted in compliance with the requirements of the Civil Rights Data Collection of the United States Department of Education’s Office for Civil Rights imposed pursuant to Sections 100.6(b) and 104.61 of Title 34 of the Code of Federal Regulations, and shall not be construed to impose a new program or higher level of service on local educational agencies or nonpublic schools or agencies.
(Added by Stats. 2018, Ch. 998, Sec. 1. (AB 2657) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 5.2 - Restraint and Seclusion › Section 49006.4.

49006.4. (a) This article applies with regard to all pupils, including individuals with exceptional needs. For an individual with exceptional needs, if a behavioral restraint or seclusion is used, the procedures for followup contained in subdivisions (e), (f), (g), and (h) of Section 56521.1 also apply.
(b) For purposes of this section, “individual with exceptional needs” has the same meaning specified in Section 56026.
(Amended by Stats. 2019, Ch. 497, Sec. 64. (AB 991) Effective January 1, 2020.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 5.5 - Pupil Fees › Section 49010.

49010. For purposes of this article, the following terms have the following meanings:
(a) “Educational activity” means an activity offered by a school, school district, charter school, or county office of education that constitutes an integral fundamental part of elementary and secondary education, including, but not limited to, curricular and extracurricular activities.
(b) “Pupil fee” means a fee, deposit, or other charge imposed on pupils, or a pupil’s parents or guardians, in violation of Section 49011 and Section 5 of Article IX of the California Constitution, which require educational activities to be provided free of charge to all pupils without regard to their families’ ability or willingness to pay fees or request special waivers, as provided for in Hartzell v. Connell (1984) 35 Cal.3d 899. A pupil fee includes, but is not limited to, all of the following:
(1) A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit.
(2) A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, uniform, or other materials or equipment.
(3) A purchase that a pupil is required to make to obtain materials, supplies, equipment, or uniforms associated with an educational activity.
(Added by Stats. 2012, Ch. 776, Sec. 1. (AB 1575) Effective January 1, 2013.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 5.5 - Pupil Fees › Section 49011.

49011. (a) A pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity.
(b) All of the following requirements apply to the prohibition identified in subdivision (a):
(1) All supplies, materials, and equipment needed to participate in educational activities shall be provided to pupils free of charge.
(2) A fee waiver policy shall not make a pupil fee permissible.
(3) School districts and schools shall not establish a two-tier educational system by requiring a minimal educational standard and also offering a second, higher educational standard that pupils may only obtain through payment of a fee or purchase of additional supplies that the school district or school does not provide.
(4) A school district or school shall not offer course credit or privileges related to educational activities in exchange for money or donations of goods or services from a pupil or a pupil’s parents or guardians, and a school district or school shall not remove course credit or privileges related to educational activities, or otherwise discriminate against a pupil, because the pupil or the pupil’s parents or guardians did not or will not provide money or donations of goods or services to the school district or school.
(c) This article shall not be interpreted to prohibit solicitation of voluntary donations of funds or property, voluntary participation in fundraising activities, or school districts, schools, and other entities from providing pupils prizes or other recognition for voluntarily participating in fundraising activities.
(d) This article applies to all public schools, including, but not limited to, charter schools and alternative schools.
(e) This article is declarative of existing law and shall not be interpreted to prohibit the imposition of a fee, deposit, or other charge otherwise allowed by law.
(Added by Stats. 2012, Ch. 776, Sec. 1. (AB 1575) Effective January 1, 2013.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 5.5 - Pupil Fees › Section 49012.

49012. (a) Commencing with the 2014–15 fiscal year, and every three years thereafter, the department shall develop and distribute guidance for county superintendents of schools, district superintendents, and charter school administrators regarding the imposition of pupil fees for participation in educational activities in public schools. The department shall post the guidance on the department’s Internet Web site.
(b) The guidance developed pursuant to subdivision (a) shall not constitute a regulation subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 2012, Ch. 776, Sec. 1. (AB 1575) Effective January 1, 2013.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 5.5 - Pupil Fees › Section 49013.

49013. (a) A complaint of noncompliance with the requirements of this article may be filed with the principal of a school under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(b) A complaint may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with the requirements of this article.
(c) A complainant not satisfied with the decision of a public school may appeal the decision to the department and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal.
(d) If a public school finds merit in a complaint, or the department finds merit in an appeal, the public school shall provide a remedy to all affected pupils, parents, and guardians that, where applicable, includes reasonable efforts by the public school to ensure full reimbursement to all affected pupils, parents, and guardians, subject to procedures established through regulations adopted by the state board.
(e) Information regarding the requirements of this article shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(f) Public schools shall establish local policies and procedures to implement the provisions of this section on or before March 1, 2013.
(Added by Stats. 2012, Ch. 776, Sec. 1. (AB 1575) Effective January 1, 2013.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 6 - Athletic Programs › Section 49020.

49020. It is the intent of the Legislature that opportunities for participation in interschool athletic programs in public high schools of the state be provided on as equal a basis as is practicable to male and female students. The costs of providing these equal opportunities may vary according to the type of sports contained within the respective male and female athletic programs. Additional sources of revenue should be determined to provide for these equal opportunity programs.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 6 - Athletic Programs › Section 49021.

49021. It is the intent of the Legislature that opportunities for participation in athletics be provided on an equitable basis to all students.
It is the further intent of the Legislature that females be given the same opportunity to participate in athletics and compete with other females in individual and team sports as is available to males who compete with other males in individual and team sports.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 6 - Athletic Programs › Section 49022.

49022. Insofar as practicable, in apportioning public funds school district governing boards shall apportion amounts available for athletics to ensure that equitable amounts will be allocated for all students, except that allowances may be made for differences in the costs of various athletic programs.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 6 - Athletic Programs › Section 49023.

49023. Notwithstanding any other provision of law, no public funds shall be used in connection with athletic programs conducted under the auspices of a school district governing board or any student organization within the district, which do not provide facilities and opportunities for participation by both sexes on an equitable basis. Facilities and opportunities for participation include, but are not limited to, equipment and supplies, scheduling of games and practice time, compensation for coaches, travel arrangements, per diem, locker rooms, and medical services.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 6 - Athletic Programs › Section 49024.

49024. (a) Prior to assuming a paid or volunteer position to work with pupils in a pupil activity program sponsored by a school district, all noncertificated candidates shall obtain an Activity Supervisor Clearance Certificate from the Commission on Teacher Credentialing pursuant to subdivision (f) of Section 44258.7.
(b) A pupil activity program sponsored by a school district includes, but is not limited to, scholastic programs, interscholastic programs, and extracurricular activities sponsored by a school district or school booster club, including, but not limited to, cheer team, drill team, dance team, and marching band.
(c) Volunteer supervisors for breakfast, lunch, or other nutritional periods pursuant to Sections 44814 and 44815, and nonteaching volunteer aides, as defined in Section 35021, under the immediate supervision and direction of certificated personnel of the district, shall not be required to obtain an Activity Supervisor Clearance Certificate. For purposes of this section, a nonteaching volunteer aide includes a parent volunteering in a classroom or on a field trip or a community member providing noninstructional services.
(d) Candidates may be issued a temporary certificate in accordance with Sections 44332 and 44332.5 while the application is being processed.
(e) This section does not apply to a candidate who is required by the school district to clear a Department of Justice and Federal Bureau of Investigation criminal background check prior to beginning the paid or volunteer activities described in subdivision (a).
(f) This section shall become operative on July 1, 2010.
(Amended by Stats. 2010, Ch. 52, Sec. 2. (AB 346) Effective July 9, 2010. Note: Operative date in subd. (f) originated in a prior version of this section.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 6.5 - Performance-Enhancing Substances › Section 49030.

49030. (a) Sixty days after the posting of the United States Anti-Doping Agency Guide to Prohibited Substances and Prohibited Methods of Doping on the Internet Web site of the department pursuant to subdivision (b), dietary supplements, as defined by subsection (ff) of Section 321 of Title 21 of the United States Code, that include any of the following substances, are prohibited from being used by a pupil participating in interscholastic high school sports:
(1) Synephrine.
(2) A prohibited substance enumerated by the United States Anti-Doping Agency Guide to Prohibited Substances and Prohibited Methods of Doping.
(b) The State Department of Health Services shall provide the State Department of Education with the United States Anti-Doping Agency Guide to Prohibited Substances and Prohibited Methods of Doping, on or before March 30, 2006. Upon receipt of the guide, the State Department of Education shall notify each school district that serves pupils in grades 9 to 12, inclusive, that the guide has been completed and shall post the guide on its Internet Web site. The State Department of Health Services shall annually notify the State Department of Education of any amendments to the guide for the following school year. For an amendment to be applicable for the ensuing school year, the State Department of Health Services shall notify the State Department of Education as to that amendment no later than the March 30 immediately preceding the school year to which the amendment is to be applicable. Upon receipt of this notice, the State Department of Education shall notify each school district that serves pupils in grades 9 to 12, inclusive, that the guide has been amended and shall post the amended guide on its Internet Web site. The amendment becomes effective 60 days after the department posts the amended guide on its Internet Web site.
(Amended by Stats. 2006, Ch. 538, Sec. 113. Effective January 1, 2007.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 6.5 - Performance-Enhancing Substances › Section 49031.

49031. (a) A school may not accept a sponsorship from a manufacturer of a dietary supplement described in subdivision (a) of Section 49030, or from the distributor of a dietary supplement described in subdivision (a) of Section 49030 whose name appears on the labeling of the dietary supplement.
(b) A dietary supplement prohibited by Section 49030 may not be marketed on a schoolsite or at a school-related event.
(c) A dietary supplement prohibited by Section 49030 may not be sold or distributed on a schoolsite or at a school-related event.
(d) (1) For purposes of subdivision (b), “market” includes, but is not limited to, all of the following:
(A) Direct product advertising.
(B) Provision of educational materials.
(C) Product promotion by a school district employee or school district volunteer.
(D) Product placement.
(E) Clothing or equipment giveaways.
(F) Scholarships.
(2) For purposes of subdivision (b), “market” does not include the inadvertent display of a product name or product advertising by a person who is not a manufacturer or distributor of a dietary supplement described in subdivision (a) of Section 49030.
(e) Subdivision (a) does not apply to either of the following:
(1) An affiliate of a manufacturer or distributor of a dietary supplement described in subdivision (a) of Section 49030 if the affiliate does not manufacture or distribute a dietary supplement described in subdivision (a).
(2) A manufacturer or distributor of a dietary supplement described in subdivision (a) if no more than 50 percent of its annual gross sales are derived from the manufacture or distribution of dietary supplements as defined in subsection (ff) of Section 321 of Title 21 of the United States Code.
(Added by Stats. 2005, Ch. 673, Sec. 2. Effective January 1, 2006.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 6.5 - Performance-Enhancing Substances › Section 49032.

49032. (a) (1) Effective December 31, 2008, each high school sports coach shall have completed a coaching education program developed by his or her school district or the California Interscholastic Federation that meets the guidelines set forth in Section 35179.1.
(2) The coaching education program described by paragraph (1) may be taught by an athletic director or high school sports coach who is deemed to be qualified by the California Interscholastic Federation.
(b) Upon completion of the program, a high school sports coach shall be deemed to have completed the education requirement for the remainder of his or her time coaching at the high school level in any school district in the state.
(c) Each high school sports coach shall be responsible for the costs of taking the course.
(d) The training requirements of this section shall count toward the continuing education required for the renewal of the teaching credential of a coach who is also a certificated employee.
(e) Notwithstanding subdivision (a), a high school sports coach who does not meet the requirements of subdivision (a) may be used for no longer than one season of interscholastic competition.
(f) For the purposes of this section, “high school sports coach” means an employee or a volunteer who is authorized by a high school to be responsible for leading a school sports team of pupil athletes.
(Added by Stats. 2005, Ch. 673, Sec. 2. Effective January 1, 2006.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 6.5 - Performance-Enhancing Substances › Section 49033.

49033. The California Interscholastic Federation shall amend its constitution and bylaws to require, as a condition of participation in interscholastic sports, that school districts effective July 1, 2006, upon the notification provided pursuant to subdivision (b) of Section 49030, shall prohibit a pupil from participating in interscholastic high school sports, unless that pupil signs a pledge not to use anabolic steroids, as defined in Section 802 of Title 21 of the United States Code, without a prescription from a licensed health care practitioner or a dietary supplement prohibited by Section 49030 and the parent and guardian of that pupil signs a notification form regarding those restrictions.
(Added by Stats. 2005, Ch. 673, Sec. 2. Effective January 1, 2006.)