California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.2.5 - Parent Empowerment › Subchapter 1 - Parent Empowerment › Article 1 - General Provisions › Section 4801 - Petition Signatures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition shall contain signatures of
					 parents or legal guardians of pupils attending the subject school, or may
					 contain a combination of signatures of parents and legal guardians of pupils
					 attending the subject school and signatures of parents or legal guardians of
					 pupils attending the matriculating schools. A petition may not consist solely
					 of signatures of parents or legal guardians of pupils attending the
					 matriculating schools.
(b) Only one
					 parent or legal guardian per pupil may sign a petition.
(c) The petition must have boxes that are
					 consecutively numbered commencing with number 1, with sufficient space for the
					 signature of each petition signer as well as his or her printed name, date,
					 pupil's name, the pupil's date of birth, the name of the school the pupil is
					 currently attending, and the pupil's current grade.
(d) The boxes described in subdivision (c)
					 may also have space for the signer's address, city or unincorporated community
					 name, and zip code, or request other information, and, if so, the petition
					 shall make clear that providing such information is voluntary and cannot be
					 made a condition of signing the petition.
(e) A petition may be signed by a parent or a
					 legal guardian once for each of his or her pupils attending the subject school
					 or, if the petition contains a combination of signatures of parents or legal
					 guardians of pupils attending the subject school and the elementary or middle
					 schools that normally matriculate into a subject middle or high school, once
					 for each of his or her pupils attending the subject school and the elementary
					 or middle schools that normally matriculate into the subject middle or high
					 school. Separate petition boxes must be completed by the parent or legal
					 guardian for each of his or her pupils.
(f) A petition may be circulated and
					 presented in sections, so long as each section complies with the requirements
					 set forth in this section and section
					 4802 regarding the content of the
					 petition.
(g) Signature gatherers
					 may not offer gifts, rewards, or tangible incentives to parents or legal
					 guardians to sign a petition. Nor shall signature gatherers make any threats of
					 coercive action, false statements or false promises of benefits to parents or
					 legal guardians in order to persuade them to sign a petition, except that
					 signature gatherers, school site staff or other members of the public may
					 discuss education related improvements hoped to be realized by implementing any
					 intervention described in these regulations. Signature gatherers, students,
					 school site staff, LEA staff, members of the community, and parents and legal
					 guardians of eligible pupils shall be free from harassment, threats, and
					 intimidation related to circulation of or signing a petition, and from being
					 discouraged to sign or being encouraged to revoke their signature on a
					 petition. Signature gatherers shall disclose if they are being paid and shall
					 not be paid per signature.
(h) All
					 parties involved in the signature gathering process shall adhere to all school
					 site hours of operation, school and LEA safety policies, and visitor sign in
					 procedures.
(i) School or district
					 resources shall not be used to impede the signature gathering process pursuant
					 to this section.
1. New
						section filed 9-13-2010 as an emergency; operative 9-13-2010 (Register 2010,
						No. 38). A Certificate of Compliance must be transmitted to OAL by 3-14-2011 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 3-15-2011 as an emergency; operative
						3-15-2011 (Register 2011, No. 11). A Certificate of Compliance must be
						transmitted to OAL by 6-13-2011 or emergency language will be repealed by
						operation of law on the following day.
3. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2011, No. 43).
4. New section filed 10-27-2011; operative
						11-26-2011 (Register 2011, No. 43).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Section
						  53300,
						  Education Code.