2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 4 - Attendance at Adjustment Schools › ARTICLE 2.5 - Juvenile Court Schools › Section 48646.

48646. (a) It is the intent of the Legislature that all pupils, including the state’s justice-involved youth, have access to their constitutional right of a free and appropriate public education, and to reduce barriers incarcerated pupils may have to academic supports, career and college preparatory pathways, and higher education.
(b) The Legislature encourages each county superintendent of schools or governing board of a school district, as determined by the county board of education pursuant to subdivision (b) of Section 48645.2, and the county chief probation officer to enter into a memorandum of understanding or equivalent mutual agreement to support a collaborative process for meeting the needs of wards of the court who are receiving their education in juvenile court schools. The memorandum of understanding or equivalent mutual agreement may include, but is not limited to, a process for communication, decisionmaking, mutually established goals, and conflict resolution. The purpose of this memorandum of understanding or equivalent mutual agreement is to develop a collaborative model that will foster an educational and residential environment that nurtures the whole child and consistently supports services that will meet the educational needs of the pupils.
(c) A memorandum of understanding or equivalent mutual agreement on providing educational and related services for juvenile court school pupils developed in accordance with this section may include, but is not limited to, the following provisions:
(1) Mutually developed goals and objectives that are reviewed annually, including, but not limited to, the following:
(A) Building resiliency and strengthening life skills.
(B) Fostering prosocial attitudes and behaviors.
(C) Assigning pupils to appropriate classrooms based on their educational needs.
(D) Ensuring regular classroom attendance.
(E) Providing clean, safe, and appropriate educational facilities.
(F) Improving academic achievement and vocational preparation.
(2) Clear delineation of responsibilities among the educational and residential or custodial service providers.
(3) A process for communicating, collaborating, and resolving conflicts. Whenever possible, resolution of issues shall be reached by consensus through a collaborative process that would promote decisionmaking at the site where services are delivered. A working group charged with this responsibility may be appointed by the county superintendent of schools, or the superintendent of the school district with responsibility for providing juvenile court school services, and the county chief probation officer, or their designees. The working group is responsible for establishing and maintaining open communication, collaboration, and resolution of issues that arise.
(4) A clearly identified mechanism for resolving conflicts.
(d) If a memorandum of understanding or equivalent mutual agreement is agreed to pursuant to this section, it shall include both of the following:
(1) A joint process for performing an intake evaluation for each ward to determine educational needs and ability to participate in all educational settings within two business days, or under extraordinary circumstances up to five business days, of the ward entering the local juvenile facility. The process shall recognize the limitations on academic evaluation and planning that can result from short-term placements. The evaluation team shall include staff from the responsible educational agency and the county probation department, and may include other participants as appropriate, and as mutually agreed upon by the education and probation members of the team. The evaluation process specified in the memorandum of understanding or equivalent mutual agreement may:
(A) Include a timeline for evaluation once a ward is assigned to a local facility.
(B) (i) Result in an educational plan for a ward while assigned to a local juvenile facility that is integrated with other rehabilitative and behavioral management programs, and that supports the educational needs of the pupil.
(ii) It is the intent that this shared information about each ward placed in a juvenile court school shall assist both the county superintendent of schools and the county chief probation officer in meeting the needs of wards in their care and promoting a system of comprehensive services.
(2) A transition plan for when the ward reenrolls at a local educational agency postplacement that shall be transferred to the postplacement local educational agency within two business days of the youth being enrolled in the postplacement local educational agency.
(e) A memorandum of understanding or equivalent mutual agreement pursuant to this section shall not cede responsibility or authority prescribed by statute or regulation from one party to another party unless mutually agreed upon by both parties.
(f) A memorandum of understanding or equivalent mutual agreement pursuant to this section shall be posted on the internet webpage of the county office of education.
(Amended by Stats. 2023, Ch. 48, Sec. 51. (SB 114) Effective July 10, 2023.)