CALIFORNIA EDUCATION CODE

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TITLE 1. GENERAL EDUCATION CODE PROVISIONS DIVISION 1. GENERAL EDUCATION CODE PROVISIONS PART 1. GENERAL PROVISIONS CHAPTER 1. GENERAL PROVISIONS Article 1. Construction of Provisions .......................... 1-11 Article 2. Continuation of Rights and Duties ................... 20-23 Article 3. Language of Instruction ............................ 30-30.5 Article 5. General Provisions, Public Schools .................. 50-53 Article 6. Administration and Certification of Oaths ........... 60 Article 7. Definitions ......................................... 70-93

CHAPTER 2. EDUCATIONAL EQUITY Article 1. Declaration of Purpose ............................. 200-201 Article 2. Definitions ........................................ 210-214 Article 3. Prohibition of Discrimination .................... 220-221.1 Article 4. Sex Equity in Education Act .................... 221.5-231.5 Article 5. Hate Violence Prevention Act ..................... 233-233.5 Article 6. Alternative Schools, Charter Schools, and School Choice .............................................. 235 Article 7. Instructional Materials ............................. 240 Article 8. Compliance ......................................... 250-253 Article 9. Enforcement ...................................... 260-262.4 Article 11. The Bill Bradley Human Relations Pilot Project .... 280-283

CHAPTER 3. ADULT EDUCATION Article 1. Legislative Intent .................................. 8500 Article 2. Definitions ......................................... 8510 Article 3. Functions of Continuing Education Programs ....... 8530-8538




CALIFORNIA EDUCATION CODE

CHAPTER 3: ADULT EDUCATION

Article 1. Legislative Intent ............................................................... 8500

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8500. The Legislature finds and declares that adult continuing education is essential to the needs of society in an era of rapid technological, economic, and social change and that all adults in California are entitled to quality publicly supported continuing education opportunity, including the following: (a) The opportunity to acquire the knowledge and skills necessary to participate effectively in today's economy and society. (b) Access to courses at the postsecondary level that are foundations upon which successive academic or occupational knowledge are dependent. (c) Participation in other courses designed to meet the particular needs of the local community.

Article 2. Definitions ......................................................................... 8510

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8510. Unless the context clearly requires otherwise, the definitions set forth in this section govern the construction of this chapter. (a) "Adult basic education" is education in communication and computational skills to and including the 12th grade level, including English as a second language and citizenship. (b) "Classes for adults" are classes without a college grade level designation organized primarily for persons 18 years of age or older. (c) "Course approval" is the process of approval by either the State Department of Education or the Board of Governors of the California Community Colleges. (d) "Mutual agreement" means an agreement between two or more governing boards of districts.

Article 3. Functions of Continuing Education Programs ....... 8530-8538

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8530. Adult basic education is the responsibility of high school and unified school districts except in those instances where by mutual agreement the responsibility is assigned to a community college district. 8531. The high school diploma program is the responsibility of the high school and unified school districts, but courses leading to a high school diploma may be offered by a community college district pursuant to a mutual agreement. 8532. Vocational and occupational training and retraining programs for adults may be made available in high school, unified, and community college districts by mutual agreement. 8533. Adult continuing education, including but not limited to, parent education, consumer education, civic education, education in special fields, and education in the arts and the humanities, may be made available in high school, unified, and community college districts by mutual agreement. 8534. Programs for adults involving postsecondary programs that meet the standards prescribed by the Board of Governors of the California Community Colleges for credit and noncredit courses are the responsibility of community college districts. 8535. (a) When governing boards agree to transfer an existing program all legal and contractual obligations of either or both districts under the program shall be clearly stated, with appropriate time requirements, in the written transfer agreement approved by the affected governing boards. (b) The written transfer agreement approved pursuant to subdivision (a) shall specify the number of units of average daily attendance and the revenue per unit of average daily attendance proposed to be transferred from the district with the existing program. A true copy of the transfer agreement shall be forwarded to the Superintendent of Public Instruction or the Chancellor of the California Community Colleges, or both, as appropriate, no later than three months prior to the effective date of the program transfer. (c) When part or all of an existing program of a high school or unified school district is to be transferred to a community college district by mutual agreement of the affected governing boards, the transfer agreement shall specify that only courses that qualify as community college noncredit education under Section 84711 shall be transferred. A true copy of the complete transfer agreement shall be forwarded by the community college district to the Chancellor of the California Community Colleges as specified in subdivision (b). When part or all of an existing program of a community college district is transferred to a high school or unified school district by mutual agreement of the affected governing boards, the transfer agreement shall specify that only those adult education courses that are described under Section 41976 shall be transferred. A true copy of the complete transfer agreement shall be forwarded by the high school or unified school district to the Superintendent of Public Instruction as specified in subdivision (b). (d) The Chancellor of the California Community Colleges and the Superintendent of Public Instruction shall jointly verify and approve the courses, the units of average daily attendance, and the revenue per unit of average daily attendance, including applicable inflation adjustment, if any, to be transferred under this section. Additional units of average daily attendance reported by the community college district, or the high school or unified school district, as a result of the transfer shall not be subject to any statutory limitations on fundable increases in average daily attendance, but shall be subject in subsequent years to statutory calculations of noncredit base revenue and units of average daily attendance of the community college district, or the adult base revenue and units of average daily attendance of the high school or unified school district, as applicable. (e) The Chancellor of the California Community Colleges and the Superintendent of Public Instruction shall jointly determine the amount of apportionment to be transferred or reappropriated, pursuant to subdivision (d), from the affected Budget Act appropriation of the State School Fund by multiplying the units of average daily attendance to be transferred by the revenue limit per unit of average daily attendance of the transferring district at the time of the transfer. The chancellor and the Superintendent of Public Instruction shall submit appropriate budget documents to the Department of Finance for approval of the transfer of funds from the applicable appropriation. The Director of Finance shall approve that transfer.

8536. The governing board of every district affected by this chapter shall make all reasonable efforts to reach a mutual agreement when such an agreement is required and shall develop procedures for this purpose. 8537. If a mutual agreement cannot be reached by the district governing boards, the points of disagreement shall be resolved by the State Board of Education and the Board of Governors of the California Community Colleges. 8538. Effective July 1, 1977, (a) for noncredit classes or programs offered in community colleges pursuant to this chapter, average daily attendance for state apportionment purposes shall only be calculated for such classes or programs which by mutual agreement are the responsibility of the community colleges pursuant to Sections 8530 and 8531; and (b) for noncredit classes or programs offered in the community colleges and for classes for adults offered in high schools or adult schools pursuant to this chapter, average daily attendance for state apportionment purposes shall only be calculated for such classes or programs which by mutual agreement are the responsibility of the community colleges or of the high school or unified school districts pursuant to Sections 8532 and 8533.


EDUCATION CODE SECTION 33320-33327

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33320. (a) The purpose of this article is to identify, develop, validate, and disseminate effective educational programs and practices operated by state and local educational entities, in order to improve the educational services provided through public elementary and secondary schools to persons between 3 and 21 years of age. (b) It is the intent of the Legislature that any state funding under this article not supplant any educational program funding that would otherwise be allocated to any school district, county office of education, or public postsecondary education institution. 33321. The Superintendent of Public Instruction shall establish procedures within the State Department of Education to accomplish all of the following: (a) Annually identify the critical needs for which effective educational programs and practices are to be identified, developed, and disseminated to public schools. (b) Coordinate the identification and development of effective programs and practices with appropriate offices in the State Department of Education, schools, school districts, county offices of education, institutions of higher education, the Legislature, business and industry, and the community. (c) Ensure that all programs developed under this article are objectively evaluated for impact on pupil learning, cost effectiveness, and the overall instructional program. (d) Develop and implement procedures to ensure that educators throughout the state are made aware of the effective programs and practices identified under this article. (e) Periodically prepare and report information about project results to the Legislative Analyst. (f) Identify and coordinate appropriate federal and private funding to support the development and dissemination of projects and programs identified under this article. (g) Establish, where appropriate, project partnerships with other public and private agencies, including business and industry, for the purposes of this article.

33321.5. In performing the responsibilities set forth in Section 33321, the Superintendent of Public Instruction shall consult with high school and elementary school teachers, high school and junior high school principals, school district administrators, members of school district governing boards, county superintendents of schools and other county office of education administrators, and representatives of public postsecondary educational institutions, the California State Facilitator Project of the National Diffusion Network, and business and industry. 33322. The State Board of Education may authorize the funding of any proposal of a school district, county office of education, public postsecondary educational institution, or other public educational agency for the development of an educational program, where the board determines that the proposal does all of the following: (a) Provides an effective, cost-effective solution to a current or anticipated statewide educational need in public elementary or secondary schools. (b) Demonstrates that teachers, and experts in the subject matter of the proposal, collaborated in the development of the proposal. (c) Contains a professional development component that maximizes teacher commitment and integration of the program into the existing instructional program. (d) Contains a method of evaluating resulting changes in teaching, pupil performance, and the instructional program, as appropriate. (e) Provides for development and evaluation of the proposal in collaboration with postsecondary educational institutions and other educational agency resources. 33323. The State Board of Education, upon review of the recommendation of the Superintendent of Public Instruction, shall validate, as an exemplary educational project, each project developed by the State Department of Education, a school district, county office of education, or public postsecondary educational institution that it determines to meet the following criteria, whether or not the project was developed pursuant to state funding provided under Section 33322: (a) The project accomplishes the objectives set forth in Section 33322. (b) The project contains a plan for the statewide dissemination of the program, to be coordinated with state, regional, and school district staff and program service providers, including, but not limited to, postsecondary educational institutions. (c) Without any increase in state costs, the project may be adopted by other school districts or county offices of education, as appropriate, with a reasonable probability of accomplishing the objectives realized in the original educational setting. 33324. (a) The State Department of Education shall annually disseminate to each school district, county office of education, resource agency or consortium as described in Article 2 (commencing with Section 44680) of Chapter 3.1 of Part 25, and other public educational entity, as appropriate, information regarding effective educational projects and programs developed and validated pursuant to this article, in addition to projects included in the National Diffusion Network. (b) The California State Facilitator Project, county offices of education, and other regional educational agencies are encouraged to assist in the dissemination of information regarding effective educational programs. (c) The State Board of Education, upon review of the recommendation of the Superintendent of Public Instruction, may authorize funds for any proposal of a school district or county office of education for the adoption of an effective educational project, in an amount not exceeding the initial start-up costs of the project, where the board determines that the proposal does all of the following: (1) Establishes a local need for the adoption or adaptation of the project. (2) Contains a plan that evidences the commitment of resources necessary to implement the adoption of the project and that coordinates the project with existing educational programs. In the case of a school, that plan should be articulated with the school district plan. (3) Contains a method of evaluating resulting changes in teaching, pupil performance, and the instructional program. (4) Has been validated pursuant to Section 33323. (d) The Superintendent of Public Instruction may assist in the implementation of projects adopted pursuant to subdivision (b), either by the department or pursuant to Section 33326. 33325. All proposals submitted to the State Board of Education for funding pursuant to Section 33322 or 33324, or for validation pursuant to Section 33323, shall be evaluated by the State Department of Education, in consultation with school districts, county offices of education, and other appropriate public and private nonprofit educational agencies. Based on those evaluations, the department shall submit its recommendations to the board concerning the funding or, as appropriate, the validation of each proposal. 33326. The State Board of Education, upon review of the recommendation of the Superintendent of Public Instruction, may authorize funding for any proposal of a county office of education, postsecondary educational institution, consortium of local educational agencies, the National Diffusion Network State Facilitator, the State Department of Education, or other appropriate educational entity to provide assistance, pursuant to this article, in the development, implementation, evaluation, dissemination, or adoption of an exemplary educational project. This assistance may include, but is not limited to, the implementation of professional development activities and the coordination of services with other educational agencies, programs, resources, and professional development providers. 33327. (a) The State Department of Education, in performing the identification, development, evaluation, dissemination, or adoption of projects and practices under any state or federal categorical education program, shall perform those functions in accordance with the procedure set forth in this article, as feasible and to the extent authorized by law. (b) To the extent authorized by law, the department shall apply the funding made available under each of those categorical education programs for the functions described in subdivision (a) to the costs of performing those functions in the manner directed by that subdivision.


These pages were updated 5 February 2010.


Refer to the San Diego Community College District Mission and Goals statement.


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