2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 28 - GENERAL INSTRUCTIONAL PROGRAMS › CHAPTER 2 - Required Courses of Study › ARTICLE 3 - Courses of Study, Grades 7 to 12 › Section 51228.2.

51228.2. (a) Commencing with the 2016–17 school year, except as provided in subdivision (d), a school district maintaining any of grades 9 to 12, inclusive, shall not assign a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to a course that the pupil has previously completed and received a grade determined by the school district to be sufficient to satisfy the requirements and prerequisites for admission to the California public institutions of postsecondary education and the minimum requirements for receiving a diploma of graduation from high school established in this article, unless either of the following applies:
(1) The course has been designed to be taken more than once because pupils are exposed to a new curriculum year to year and are therefore expected to derive educational value from taking the course again.
(2) For any course that has not been designed to be taken more than once, all of the following conditions are satisfied:
(A) A pupil is assigned to the course only if the pupil or, for a pupil who has not reached the age of majority, the pupil’s parent, guardian, or educational rights holder has consented in writing to the assignment for the purpose of improving a lower grade.
(B) A school official has determined that the pupil will benefit from being assigned to the course period.
(C) The principal or assistant principal of the school has stated in a written document to be maintained at the school that, for the relevant school year, no pupils are assigned to those classes unless the school has met the conditions specified in subparagraphs (A) and (B).
(b) Under no circumstances shall a school district assign a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to a course that the pupil has previously completed and received a grade determined by the school district to be sufficient to satisfy the requirements and prerequisites for admission to the California public institutions of postsecondary education and the minimum requirements for receiving a diploma of graduation from high school established in this article because there are not sufficient curricular course offerings for the pupil to take during the relevant period of the designated schoolday.
(c) Nothing in this section shall be interpreted to limit or otherwise affect the authority of a school district to authorize dual enrollment in community college, as provided for in Chapter 5 (commencing with Section 48800) of Part 27, to establish and maintain evening high school programs, as provided for in Article 3 (commencing with Section 51720) of Chapter 5, to offer independent study, as provided for in Article 5.5 (commencing with Section 51745) of Chapter 5, to provide courses of work-based learning or work experience education, as provided for in Article 7 (commencing with Section 51760) of Chapter 5, or to offer any class or course of instruction authorized under Chapter 5 (commencing with Section 51700), if the program otherwise meets all of the requirements of law governing that program.
(d) This section shall not apply to a pupil enrolled in any of the following:
(1) An alternative school.
(2) A community day school.
(3) A continuation high school.
(4) An opportunity school.
(e) The Superintendent shall develop regulations for adoption by the state board to establish procedures governing this section, including the form of the written statement required pursuant to subdivision (a).
(Added by Stats. 2015, Ch. 703, Sec. 2. (AB 1012) Effective January 1, 2016.)