reglab/statecodes huggingface dataset:
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 10 - Complaints Regarding State Preschool Health and Safety Issues in LEAs Exempt from Licensing › Section 4691 - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An LEA shall,
					 as part of its annual notification pursuant to section
					 4622, clearly indicate which of its
					 California State preschool programs are operating as exempt from licensing
					 pursuant to Health and Safety Code section
					 1596.792(o)
					 and corresponding title 5 health and safety regulations, and which of its
					 California State preschool programs are operating pursuant to title 22
					 licensing requirements.
(b) In
					 order to identify appropriate subjects of a complaint, a notice shall be posted
					 in each California state preschool program classroom operating as exempt from
					 licensing in each school in the local educational agency notifying parents,
					 guardians, pupils, and teachers of both of the following:
(1) The health and safety requirements under
					 title 5 of the California Code of Regulations that apply to California state
					 preschool programs pursuant to section
					 1596.7925
					 of the Health and Safety Code.
(2)
					 The location at which to obtain a form to file a complaint. Posting a notice
					 downloadable from the Internet website of the Department shall satisfy this
					 requirement.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 10 - Complaints Regarding State Preschool Health and Safety Issues in LEAs Exempt from Licensing › Section 4692 - Investigation and Resolution of Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The preschool program administrator or
					 the designee of the district or county Superintendent or charter school
					 administrator or similarly authorized charter school individual, as applicable,
					 shall make all reasonable efforts to investigate any problem within that
					 person's authority. Investigations shall begin within 10 days of the receipt of
					 the complaint. The preschool program administrator or designee of the district
					 or county superintendent or charter school administrator or similarly
					 authorized charter school individual shall remedy a valid complaint within a
					 reasonable time period, but not to exceed 30 working days from the date the
					 complaint was received.
(b) The
					 preschool program administrator or designee of the district or county
					 superintendent or charter school administrator or similarly authorized charter
					 school individual shall report to the complainant the resolution of the
					 complaint within 45 working days of the initial filing. If the preschool
					 program administrator makes this report, the preschool program administrator
					 shall also report the same information in the same timeframe to the designee of
					 the district or county superintendent or charter school administrator or
					 similarly authorized charter school individual.
(c) At the time the preschool program
					 administrator or designee of the district or county superintendent or charter
					 school administrator or similarly authorized charter school individual provides
					 a report of the resolution of the complaint to the complainant, that person
					 shall also provide a copy of the report to the preschool program's assigned
					 field consultant at the Department.
1. New
						section filed 5-21-2020; operative 7-1-2020 (Register 2020, No.
						21).
Note: Authority cited: Sections
						  8235.5,
						  33031 and
						  33315,
						  Education Code. Reference: Section
						  8235.5,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 10 - Complaints Regarding State Preschool Health and Safety Issues in LEAs Exempt from Licensing › Section 4693 - Responsibilities of Governing Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A complainant not satisfied with the
					 resolution of the preschool program administrator or the designee of the
					 district or county superintendent or charter school administrator or similarly
					 authorized charter school individual has the right to describe the complaint to
					 the governing board or body or authorized designee, as applicable, of the LEA
					 at a regularly scheduled hearing of the governing board or body or authorized
					 designee, as applicable, of the LEA.
(b) An LEA shall report summarized data on
					 the nature and resolution of all complaints on a quarterly basis to the
					 governing board or body or authorized designee, as applicable, of the local
					 educational agency. The summaries shall be publicly reported on a quarterly
					 basis at a regularly scheduled meeting of the governing board or body or
					 authorized designee, as applicable, of the LEA. The report shall include the
					 number of complaints by general subject area with the number of resolved and
					 unresolved complaints. The complaints and written responses shall be available
					 as public records. In addition, school districts and charter schools shall
					 report the same summarized data on a quarterly basis to the county
					 superintendent of schools.
1. New
						section filed 5-21-2020; operative 7-1-2020 (Register 2020, No.
						21).
Note: Authority cited: Sections
						  8235.5,
						  33031,
						  33315 and
						  35161,
						  Education Code. Reference: Section
						  8235.5,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 10 - Complaints Regarding State Preschool Health and Safety Issues in LEAs Exempt from Licensing › Section 4694 - Appeal to Superintendent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A complainant who is not satisfied with
					 the resolution proffered by the preschool program administrator or the designee
					 of the district or county superintendent or charter school administrator or
					 similarly authorized charter school individual has the right to file an appeal
					 to the State Superintendent within 30 days of the date of the written
					 report.
(b) Complainant shall
					 comply with the appeal requirements of section
					 4632.
(c) The State Superintendent or the State
					 Superintendent's designee shall comply with the requirements of section
					 4633.
(d) Failure to file a local appeal pursuant
					 to section 4693 does not preclude the filing
					 of a state appeal pursuant to this section.
1. New
						section filed 5-21-2020; operative 7-1-2020 (Register 2020, No.
						21).
Note: Authority cited: Sections
						  8235.5,
						  33031 and
						  33315,
						  Education Code. Reference: Section
						  8235.5,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.2 - Open Enrollment Act › Subchapter 1 - Open Enrollment Act › Article 1 - General Provisions › Section 4700 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations set forth requirements for the
						administration of the Open Enrollment Act.
1.
						Amendment of chapter heading and new subchapter 1, article 1 (sections
						4700-4702) and section filed
						8-2-2010 as an emergency; operative 8-2-2010 (Register 2010, No. 32). A
						Certificate of Compliance must be transmitted to OAL by 1-31-2011 or emergency
						language will be repealed by operation of law on the following day. For prior
						history of chapter 5.2, see Register 80, No. 25.
2. Certificate of
						Compliance as to 8-2-2010 order, including amendment of NOTE, transmitted to
						OAL 10-26-2010 and filed 12-2-2010; operative 1-1-2011 (Register 2010, No.
						49).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Sections
						  48352,
						  48354,
						  48355,
						  48356 and
						  48357,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.2 - Open Enrollment Act › Subchapter 1 - Open Enrollment Act › Article 1 - General Provisions › Section 4702 - Application for Transfer Pursuant to the Open Enrollment Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The district of residence shall notify
					 the parent(s) or guardian(s) of each pupil enrolled in a school included on the
					 most recent Open Enrollment List of the option to transfer. This notice shall
					 be provided on the first day of instruction; if the district has not been
					 notified of whether its school(s) is on the list, the notification shall be
					 provided no later than 14 calendar days after the Open Enrollment List is
					 posted on the CDE's Web site at http://www.cde.ca.gov/.
(b) A pupil who transfers to a school
					 pursuant to the Open Enrollment Act and is currently enrolled in that school
					 shall not be required to reapply for enrollment in that school, regardless of
					 whether the pupil's school of residence remains on the list of 1,000 Open
					 Enrollment schools.
(c) A district
					 of enrollment may allow a pupil who has transferred to and is currently
					 enrolled in a school in the district pursuant to the Open Enrollment Act to
					 matriculate to a middle or high school in the district without having to
					 reapply, regardless of whether the school into which the pupil would normally
					 matriculate in the pupil's district of residence is on the list of 1,000 Open
					 Enrollment schools.
1. New
						section filed 8-2-2010 as an emergency; operative 8-2-2010 (Register 2010, No.
						32). A Certificate of Compliance must be transmitted to OAL by 1-31-2011 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 8-2-2010 order, including
						amendment of section and NOTE, transmitted to OAL 10-26-2010 and filed
						12-2-2010; operative 1-1-2011 (Register 2010, No.
						49).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Sections
						  48354 and
						  48355,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.2 - Open Enrollment Act › Subchapter 1 - Open Enrollment Act › Article 1 - General Provisions › Section 4703 - Approval and Rejection of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an application is approved, the school
					 district of enrollment shall state in the notification the particular school
					 site and that school's address to which the pupil has been admitted.
(b) If the parent(s) or guardian(s) of a
					 pupil chooses to enroll the pupil in a school to which the pupil has been
					 admitted pursuant to this chapter, the pupil shall be enrolled in the school
					 identified in subdivision (a) on or before the first day of instruction, or not
					 later than 14 calendar days from the date of the notification pursuant to
					 subdivision (a), whichever is later. If the parent(s) or guardian(s) of the
					 pupil fails to enroll the pupil within this timeframe, the district is not
					 required to enroll the pupil in the school.
1. New
						section filed 12-2-2010; operative 1-1-2011 (Register 2010, No.
						49).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Sections
						  48353,
						  48354 and
						  48357,
						  Education Code.
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 4800 - Intent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Parent Empowerment regulations shall remain valid in
						the event of changes to federal law referenced within the legislative language
						of Chapters 2 and 3 of the 5th Extraordinary Session Statutes of 2010, to the
						extent allowable under the law.
1. New
						chapter 5.2.5, subchapter 1, article 1 (sections
						4800-4807) and 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 chapter 5.2.5, subchapter 1, article 1 (sections
						4800-4807) and 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. Repealer of chapter 5.2.5, subchapter 1, article 1 (sections
						4800-4807) and section by operation
						of Government Code section
						11346.1(g)
						(Register 2011, No. 43).
4. New chapter 5.2.5, subchapter 1, article
						1 (sections
						4800-4808) and section filed
						10-27-2011; operative 11-26-2011 (Register 2011, No.
						43).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Sections
						  53202 and
						  53300,
						  Education Code; and 20
						  U.S.C. Section
						  6316.
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 4800.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Elementary
					 school" means a school, regardless of the number of grade levels, whose
					 graduates matriculate into either a subject elementary, middle or high
					 school.
(b) "Eligible signature"
					 means a signature of a parent or legal guardian of a pupil that can be counted
					 toward meeting the requirement that at least one-half of the parents or legal
					 guardians of pupils have signed the petition as set forth in Education Code
					 section
					 53300.
(c) "Final disposition" means the action
					 taken by the local educational agency (LEA) to implement the requested
					 intervention option presented by a petition or implement one of the other
					 intervention options as set forth in Education Code section
					 53300.
(d) "High school" means four-year high
					 schools, senior high schools, continuation high schools, and evening
					 schools.
(e) "Intervention" or
					 "requested intervention" means:
(1) one of the
					 four interventions (turnaround model, restart model, school closure, and
					 transformation model) identified pursuant to paragraphs (1) to (4), inclusive,
					 of subdivision (a) of Education Code section
					 53202 and
					 as further described in Appendix C of the Notice of Final Priorities,
					 Requirements, Definitions, Section Criteria for the Race to the Top program
					 published in Volume 74 of Number 221 of the Federal Register on November 18,
					 2009; or
(2) the alternative
					 governance arrangement pursuant to Title
					 20 U.S.C. Section
					 6316(b)(8)(B)(v).
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 4800.3 - Requirement to Serve All Pupils

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every pupil that attended a subject school prior to the
						implementation of an intervention shall continue to be enrolled in the school
						during and after an intervention is implemented pursuant to Education Code
						section
						53300,
						unless the parent or legal guardian of the pupil chooses to enroll the pupil in
						another school or the school is closed. In addition, any pupil who resides in
						the attendance area of the subject school during or after the implementation of
						an intervention has a right to attend the school, subject to any laws or rules
						pertaining to enrollment.
1. 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.
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 4800.5 - Parental Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The CDE shall create a website for parents and guardians to obtain further
					 information on circulating a parent empowerment petition.
(b) An LEA may create a website that lists
					 the schools in the LEA subject to the provisions of the Parent Empowerment
					 regulations, including enrollment data and attendance boundaries for each
					 school. The web site may also inform parents and legal guardians of pupils how
					 they may:
(1) Sign a petition requesting the
					 school district to implement one or more interventions to improve the school,
					 and
(2) Contact community-based
					 organizations or work with individual school administrators and parent and
					 community leaders to understand the school intervention options and provide
					 input about the best options for the school.
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 4802 - Content of the Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The petition and each section of the petition shall contain the following
					 elements:
(1) A heading which states that it
					 is a Petition of Parents, Legal Guardians, and Persons Holding the Right to
					 Make Educational Decisions for Pupils, including Foster Parents who hold rights
					 to make educational decisions, to request an Intervention be implemented at the
					 specified subject school and to be submitted to a specified LEA;
(2) A statement that the petition seeks the
					 signatures of the parents or legal guardians of the pupils attending the
					 subject school or, in the alternative, the signatures of the parents or legal
					 guardians of the pupils attending the subject school and the signatures of the
					 parents or legal guardians of the pupils attending elementary or middle schools
					 who would normally matriculate into the subject school;
(3) The name and public contact information
					 of the person to be contacted by either persons interested in the petition or
					 by the LEA;
(4) Identification of
					 the requested intervention;
(5) A
					 description of the requested intervention using the language set forth in
					 either sections
					 4803,
					 4804,
					 4805,
					 4806, or
					 4807, without omission to ensure
					 full disclosure of the impact of the intervention;
(6) The name of the subject school;
(7) Boxes as designated in section
					 4801(c) and
					 (d);
(8) An affirmation that the signing parent or
					 legal guardian is requesting the LEA to implement the identified intervention
					 at the subject school; and
(9) If
					 requesting that an LEA implement the restart model intervention identified
					 pursuant to Education Code section
					 53202(a)(2),
					 and that the subject school be reopened under a specific charter school
					 operator, charter management organization, or education management
					 organization, a clear statement containing that information on the front of the
					 petition, including contact information of the charter school operator, charter
					 management organization or education management organization.
(10) The names of any agencies or
					 organizations that are supporting the petition, either through direct financial
					 assistance or in-kind contributions of staff and volunteer support, must be
					 prominently displayed on the front page of the petition.
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 4802.05 - Submission of Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Petitioners may not submit a petition until they reach or exceed the 50 percent
					 threshold based on accurate and current enrollment data provided by the LEA.
					 The date of submission of the petition shall be the start date for
					 implementation of all statutory and regulatory requirements.
(b) An exception shall be made for a one-time
					 resubmission opportunity to correct a petition based on errors identified by
					 the LEA, verify signatures after a good faith effort is made by the LEA to do
					 so first, or submit additional signatures. The start date for a resubmitted
					 petition shall be the date it is resubmitted. No rolling petitions shall be
					 accepted by the LEA.
(c) At the
					 time of submission the petitioners shall submit a separate document that
					 identifies at least one but no more than five lead petitioners with their
					 contact information.
(d) The role
					 of lead petitioners is to assist and facilitate communication between the
					 parents who have signed the petition and the LEA. The lead petitioner contacts
					 shall not be authorized to make decisions for the petitioners or negotiate on
					 behalf of the parents.
1. 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.
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 4803 - Description of Intervention - Turnaround Model

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A turnaround model is one in which an LEA
					 must:
(1) Replace the principal and grant the
					 principal sufficient operational flexibility (including in staffing,
					 calendars/time, and budgeting) to implement fully a comprehensive approach in
					 order to substantially improve student achievement outcomes and increase high
					 school graduation rates;
(2) Using
					 locally adopted competencies to measure the effectiveness of staff who can work
					 within the turnaround environment to meet the needs of students:
(A) Screen all existing staff and rehire no
					 more than 50 percent; and
(B)
					 Select new staff;
(3)
					 Implement such strategies as financial incentives, increased opportunities for
					 promotion and career growth, and more flexible work conditions that are
					 designed to recruit, place, and retain staff with the skills necessary to meet
					 the needs of the students in the turnaround school;
(4) Provide staff with ongoing, high-quality,
					 job-embedded professional development that is aligned with the school's
					 comprehensive instructional program and designed with school staff to ensure
					 that they are equipped to facilitate effective teaching and learning and have
					 the capacity to successfully implement school reform strategies;
(5) Adopt a new governance structure, which
					 may include, but is not limited to, requiring the school to report to a new
					 "turnaround office" in the LEA, hire a "turnaround leader" who reports directly
					 to the Superintendent or Chief Academic Officer, or enter into a multi-year
					 contract with the LEA or State Educational Agency (SEA) to obtain added
					 flexibility in exchange for greater accountability;
(6) Use data to identify and implement an
					 instructional program that is research-based and "vertically aligned" from one
					 grade to the next as well as aligned with State academic standards;
(7) Promote the continuous use of student
					 data (such as from formative, interim, and summative assessments) to inform and
					 differentiate instruction in order to meet the academic needs of individual
					 students;
(8) Establish schedules
					 and implement strategies that provide increased learning time (as defined in
					 the United States Department of Education notice published in the Federal
					 Register at 74 Federal Register 59805 (Nov.18, 2009); and
(9) Provide appropriate social-emotional and
					 community-oriented services and supports for students.
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 4804 - Description of Intervention - Restart Model

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A restart model is one in which an LEA converts a school
						or closes and reopens a school under a charter school operator, a charter
						management organization (CMO), or an education management organization (EMO)
						that has been selected through a rigorous review process. (A CMO is a
						non-profit organization that operates or manages charter schools by
						centralizing or sharing certain functions and resources among schools. An EMO
						is a for-profit or non-profit organization that provides "whole-school
						operation" services to an LEA.) A restart model must enroll, within the grades
						it serves, any former student who wishes to attend the
						school.
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: Sections
						  53202 and
						  53300,
						  Education Code; and 20
						  U.S.C. Section
						  6301.
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 4805 - Description of Intervention - School Closure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
School closure occurs when an LEA closes a school and
						enrolls the students who attended that school in other schools in the LEA that
						are higher achieving. These other schools should be within reasonable proximity
						to the closed school and may include, but are not limited to, charter schools
						or new schools for which achievement data are not yet
						available.
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: Sections
						  53202 and
						  53300,
						  Education Code; and 20
						  U.S.C. Section
						  6301.
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 4806 - Description of Intervention - Transformation Model

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A transformation model is one in which an LEA implements
						each of the following strategies:
(a)
					 Developing and increasing teacher and school leader effectiveness.
(1) Required activities. The LEA must:
(A) Replace the principal who led the school
					 prior to commencement of the transformation model;
(B) Use rigorous, transparent, and equitable
					 evaluation systems for teachers and principals that:
1. Take into account data on student growth
					 (as defined in the United States Department of Education notice published in
					 the Federal Register at 74 Federal Register 59806 (Nov. 18, 2009)) as a
					 significant factor as well as other factors such as multiple observation-based
					 assessments of performance and ongoing collections of professional practice
					 reflective of student achievement and increased high-school graduations rates;
					 and
2. Are designed and developed
					 with teacher and principal involvement.
(C) Identify and reward school leaders,
					 teachers, and other staff who, in implementing this model, have increased
					 student achievement and high school graduation rates and identify and remove
					 those who, after ample opportunities have been provided for them to improve
					 their professional practice, have not done so;
(D) Provide staff with ongoing, high-quality,
					 job-embedded professional development (e.g., regarding subject-specific
					 pedagogy, instruction that reflects a deeper understanding of the community
					 served by the school, or differentiated instruction) that is aligned with the
					 school's comprehensive instructional program and designed with school staff to
					 ensure they are equipped to facilitate effective teaching and learning and have
					 the capacity to successfully implement school reform strategies; and
(E) Implement such strategies as financial
					 incentives, increased opportunities for promotion and career growth, and more
					 flexible work conditions that are designed to recruit, place, and retain staff
					 with the skills necessary to meet the needs of the students in a transformation
					 school.
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 4807 - Description of Intervention - Alternative Governance Arrangement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Alternative governance is one in which an LEA institutes
						any other major restructuring of the school's governance arrangement that makes
						fundamental reforms, such as significant changes in the school's staffing and
						governance, to improve student academic achievement in the school and that has
						substantial promise of enabling the school to make adequate yearly progress as
						defined in the State plan under Section
						6311(b)(2) of the
						federal Elementary and Secondary Education Act.
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: Sections
						  53202 and
						  53300,
						  Education Code; and 20
						  U.S.C. Sections 6301 and
						  6316.
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 4808 - Prospective Effect of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations in Article 1 are to apply prospectively.
						Any actions taken in reasonable reliance upon emergency regulations operative
						September 13, 2010 through June 13, 2011, are to be deemed in compliance with
						these regulations operative November 26, 2011.
1. 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.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.3 - Nondiscrimination and Educational Equity › Subchapter 1 - Nondiscrimination in Elementary and Secondary Educational Programs Receiving State or Federal Financial Assistance › Article 1 - General Provisions › Section 4900 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of
					 this Chapter is to ensure compliance with federal and state nondiscrimination
					 laws in any program or activity conducted by an educational institution.
					 Therefore, no person in the State of California shall be subjected to
					 discrimination, or any other form of illegal bias, including harassment. No
					 person shall be excluded from participation in or denied the benefits of any
					 local agency's program or activity on the basis of sex, sexual orientation,
					 gender, ethnic group identification, race, ancestry, national origin, religion,
					 color, or mental or physical disability in any program or activity conducted by
					 an "educational institution" or any other "local agency," defined in Article 2
					 (commencing with Section
					 4910) of this Chapter, which is
					 funded directly by, or that receives or benefits from any state financial
					 assistance.
(b) All educational
					 programs and activities under the jurisdiction of the State Board of Education
					 receiving or benefiting from state or federal financial assistance shall be
					 available to all qualified persons without regard to sex, sexual orientation,
					 gender, ethnic group identification, race, ancestry, national origin, religion,
					 color, or mental or physical disability.
(c) It is the intent of the State Board of
					 Education that the Superintendent of Public Instruction assist school districts
					 and county offices of education to recognize and eliminate unlawful
					 discrimination that may exist within their programs or activities and to meet
					 the requirements of this Chapter. The Superintendent shall meet this
					 responsibility through technical assistance and ensuring compliance pursuant to
					 Chapter 5.1 (commencing with section
					 4600) of this Title relating to
					 standard complaint procedures.
1. New
						chapter 5.3 (sections
						4900-4962, nonconsecutive) filed
						12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of
						chapter 5.3 heading, subchapter 1 heading, section and NOTE filed 6-13-2001;
						operative 7-13-2001 (Register 2001, No. 24).
Note: Authority cited: Sections
						  221.1 and
						  33031,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  200,
						  201,
						  220,
						  221.1 and
						  230,
						  Education Code; Sections
						  11135-
						  11139.5,
						  Government Code; Section
						  1681, Title 20, U.S. Code; Section
						  2000 d, Title 42, U.S. Code; and
						  Section 106.1, Title 34, Code of Federal
						  Regulations.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.3 - Nondiscrimination and Educational Equity › Subchapter 1 - Nondiscrimination in Elementary and Secondary Educational Programs Receiving State or Federal Financial Assistance › Article 1 - General Provisions › Section 4901 - Academic Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in this Chapter shall be interpreted to prohibit
						bona fide academic requirements for participation in a specific educational
						institution's program, course or activity.
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2.
						Amendment of section and NOTE filed 6-13-2001; operative 7-13-2001 (Register
						2001, No. 24).
Note: Authority cited: Sections
						  221.1 and
						  33031,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  35160.5 and
						  49067,
						  Education Code; Sections
						  11135-
						  11139.5,
						  Government Code; Section
						  1681, Title 20, U.S. Code; Section
						  2000 d, Title 42, U.S. Code; and
						  Section 106, Title 34, Code of Federal
						  Regulations.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.3 - Nondiscrimination and Educational Equity › Subchapter 1 - Nondiscrimination in Elementary and Secondary Educational Programs Receiving State or Federal Financial Assistance › Article 1 - General Provisions › Section 4902 - State and Local Agency Responsibilities and Obligations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise stated in this Chapter, the
						Superintendent of Public Instruction is responsible for providing leadership to
						local agencies to ensure that the requirements of the following
						nondiscrimination laws and their related regulations are met in educational
						programs that receive or benefit from state or federal financial assistance and
						are under the jurisdiction of the State Board of Education:
(a) Education Code sections
					 200 through
					 253.
(b) Government Code sections
					 11135
					 through
					 11139.
(c) The Civil Rights Act of 1964 at Title 42,
					 U.S. Code Sections
					 2000 a et seq.
(d) Title IX of the Education Amendments of
					 1972 at Section
					 1681, Title 20, U.S.
					 Code.
(e) Section
					 504 of the Rehabilitation Act of
					 1973 at Section
					 794(a), Title 29,
					 U.S. Code.
(f) Federal Equal Access
					 at Section 4071 et seq., Title 20, U.S.
					 Code.
(g) Americans with
					 Disabilities Act of 1990 at Sections
					 12131 et seq., Title 42, U.S.
					 Code.
(h) Individuals with
					 Disabilities Education Act (Section
					 1400 et seq., Title 20, U.S.
					 Code).
(i) Equal Educational
					 Opportunities Act (Section
					 1701 et seq., Title 20, U.S.
					 Code).
(j) Any and all other
					 federal and state laws and regulations involving assurances that local agencies
					 will not discriminate on the basis of sex, sexual orientation, gender, ethnic
					 group identification, race, ancestry, national origin, religion, color, or
					 mental or physical disability.
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2.
						Amendment of section heading, section and NOTE filed 6-13-2001; operative
						7-13-2001 (Register 2001, No. 24).
Note: Authority cited: Sections
						  221.1 and
						  33031,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  200,
						  201 and
						  33111,
						  Education Code; Sections
						  11135-
						  11139.5,
						  Government Code; Section
						  1681, Title 20, U.S. Code; and
						  Section 2000 d, Title 42, U.S.
						  Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.3 - Nondiscrimination and Educational Equity › Subchapter 1 - Nondiscrimination in Elementary and Secondary Educational Programs Receiving State or Federal Financial Assistance › Article 2 - Definitions › Section 4911 - Government Code Definitions, Incorporation by Reference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Those definitions of activities prohibited and persons
						protected from discrimination set forth in articles 2 and 3, subchapter 6 of
						chapter 5 of division 4.1 of title 2 of the California Code of Regulations
						(commencing with section
						11153) are incorporated into and
						made applicable to this chapter as if fully set forth here.
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2.
						Amendment of NOTE filed 6-13-2001; operative 7-13-2001 (Register 2001, No.
						24).
3. Change without regulatory effect amending section filed
						10-29-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 44).
Note: Authority cited: Sections
						  221.1 and
						  33031,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Section
						  260,
						  Education Code; and Sections
						  11135 and
						  11138,
						  Government Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.3 - Nondiscrimination and Educational Equity › Subchapter 1 - Nondiscrimination in Elementary and Secondary Educational Programs Receiving State or Federal Financial Assistance › Article 2 - Definitions › Section 4912 - Educational Equity Act Definitions, Incorporation by Reference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Those definitions set forth in Articles 2 and 3 of
						Chapter 2 of Part 1 of Title 1 of the California Education Code (commencing
						with Section
						210) are incorporated into and made
						applicable to this Chapter as if fully set forth here, specifically section
						210.1 - "Educational institution,"
						section 211 - "Governing board," section
						212 - "Sex," section
						212.5 - "Sexual harassment,"
						section 213 - "State financial assistance,"
						and section
						214 - "State financial
						aid."
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2.
						Amendment of section heading, section and NOTE filed 6-13-2001; operative
						7-13-2001 (Register 2001, No. 24).
Note: Authority cited: Sections
						  221.1 and
						  33031,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Section
						  260,
						  Education Code; and Sections
						  11135 and
						  11138,
						  Government Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.3 - Nondiscrimination and Educational Equity › Subchapter 1 - Nondiscrimination in Elementary and Secondary Educational Programs Receiving State or Federal Financial Assistance › Article 2 - Definitions › Section 4913 - Prohibited Activities, Incorporation by Reference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to acts or omissions prohibited by other
						nondiscrimination laws or regulations, except as provided by Education Code
						section
						220.5, the
						acts specifically proscribed by Chapter 2 (commencing with Section
						200) of Part 1 of Title 1 of the
						California Education Code are incorporated into and made applicable to this
						Chapter as if fully set forth here.
1. New
						section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2.
						Amendment of section and NOTE filed 6-13-2001; operative 7-13-2001 (Register
						2001, No. 24).
Note: Authority cited: Sections
						  221.1 and
						  33031,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  220 and
						  230,
						  Education Code; and Sections
						  11135 and
						  11138,
						  Government Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.3 - Nondiscrimination and Educational Equity › Subchapter 1 - Nondiscrimination in Elementary and Secondary Educational Programs Receiving State or Federal Financial Assistance › Article 2 - Definitions › Section 4914 - Prohibited Discrimination on Parental, Family, or Marital Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On the basis of sex, the application of any rule
						concerning the actual or potential parental, family, or marital status of a
						person, or the exclusion of any person from any program or activity or
						employment because of pregnancy or related conditions is
						prohibited.
1. New
						section filed 6-13-2001; operative 7-13-2001 (Register 2001, No.
						24).
Note: Authority cited: Sections
						  221.1 and
						  33031,
						  Education Code. Reference: Section
						  230(e),
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.3 - Nondiscrimination and Educational Equity › Subchapter 1 - Nondiscrimination in Elementary and Secondary Educational Programs Receiving State or Federal Financial Assistance › Article 2.5 - Sexual Harassment › Section 4915 - General Prohibitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person in the educational environment of a local agency
						shall not sexually harass another person in the work or educational environment
						of the local agency. Sexual harassment is a form of sex discrimination and, as
						such, may result in disciplinary or other action taken by the local
						agency.
1. New
						article 2.5 (sections
						4915-4917) and section filed
						6-13-2001; operative 7-13-2001 (Register 2001, No.
						24).
Note: Authority cited: Sections
						  221.1 and
						  33031,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Section
						  212.5,
						  Education Code; Sections
						  11135 and
						  12940(h),
						  Government Code; Section
						  1681, Title 20, U.S. Code; Section
						  2000 d, Title 42, U.S. Code; and
						  Section 106, Title 34, Code of Federal
						  Regulations.