20250SB__068592AMD INTRODUCED 2025-02-21 AMENDED_SENATE 2025-03-26 AMENDED_SENATE 2025-04-10 AMENDED_SENATE 2025-04-22 AMENDED_ASSEMBLY 2025-06-26 AMENDED_ASSEMBLY 2026-06-11 AMENDED_ASSEMBLY 2026-06-22 AMENDED_ASSEMBLY 2026-07-02 2025 SB AMD Introduced by Senator Cortese (Coauthor: Senator Stern) LEAD_AUTHOR SENATE Cortese COAUTHOR SENATE Stern

An act to amend Sections 33050, 44237, 44415, 48645.5, 48853, 48853.5, 48854, 48856, 48911.5, 48986, 49001, 51225.2, 52052, 56001, 56028, 56034, 56035, 56040.6, 56042, 56101, 56124, 56157, 56168, 56170, 56195.8, 56205, 56325, 56326.5, 56342.1, 56345, 56361, 56361.5, 56365, 56366, 56366.1, 56366.4, 56366.45, 56366.5, 56366.6, 56366.8, 56366.9, 56366.10, 56366.11, 56366.12, 56383, 56430, 56441.8, 56505, 56505.2, 56521.2, 56836.20, 56836.21, 56847, 56856, and of, to amend the heading of

Article 4 (commencing with

Section 56836.20) of

Chapter 7.2 of Part of Division of Title of, to add

Section to, and to repeal and add

Section 56366.2 of, the Education Code, and to amend Sections and of the Government Code, relating to special education. special education Special education: nonpublic schools and agencies.

(1) Existing law sets forth a method for providing special education and related services to pupils with exceptional needs. Existing law permits, under certain circumstances, contracts to be entered into for the provision of those services by nonpublic, nonsectarian schools or agencies. Existing law defines “nonpublic, nonsectarian school” and “nonpublic, nonsectarian agency” for these purposes. Existing law authorizes a master contract for special education and related services provided by a nonpublic, nonsectarian school or agency only if the school or agency has been certified as meeting specified standards.

Existing law sets forth the certification process and procedures for the nonpublic, nonsectarian schools or agencies that seek certification from the Superintendent of Public Instruction, including that the school or agency file an application with specified information.

Existing law requires the Superintendent, before certification of a nonpublic, nonsectarian school or agency, to conduct an onsite review of the facility and program for which the applicant seeks certification and authorizes the Superintendent to verify that the school or agency has received a successful criminal background check clearance and has enrolled in subsequent arrest notice service for each owner, operator, and employee of the school or agency.

Existing law requires the Superintendent to monitor the facilities, educational environment, and quality of the educational program of an existing certified nonpublic, nonsectarian school or agency on a 3-year cycle, as provided. Existing law requires the master contract for nonpublic, nonsectarian school or agency services to include, among other things, an individual service agreement for each pupil placed by a local educational agency.

Existing law requires a contracting local educational agency to pay the full amount of the tuition or fees, as applicable, for individuals with exceptional needs who are enrolled in programs or receiving services provided pursuant to the contract.

Existing law requires a master contract for nonpublic, nonsectarian school or agency services to be developed in accordance with specified provisions, including, among others, that the master contract specify the general administrative and financial agreements, including teacher-to-pupil ratios, between the school or agency and the local educational agency to provide the special education and designated instruction services.

Existing law requires a certified nonpublic school or agency to provide written notification to the State Department of Education and the local educational agency with which it has a master contract of any pupil-involved incident at the school or agency in which law enforcement was contacted. This bill would eliminate the requirement that nonpublic schools or agencies that enter into contracts for the provision of special education services be nonsectarian. The bill would (

A) exclude from the above-described tuition or fees the amount attributable to the provision of religious instruction, which the bill would define for these purposes, (

B) prohibit public funds paid pursuant to those contracts from being used to pay for religious instruction at a nonpublic school or agency, (

C) prohibit a nonpublic school or agency from providing religious instruction to pupils placed by a local educational agency, as provided, (

D) require an applicant seeking an initial or renewal certification to certify, under penalty of perjury, that all educational services provided under a master contract with a local educational agency are secular, neutral, and respectful regarding religion and religious view, as provided, and (

E) notwithstanding any other law, prohibit a nonpublic school or agency, in performing services under a master contract, individual service agreement, or individualized education program, from subjecting any person to discrimination on the basis of specified protected characteristics. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require a master contract and individual services agreement for nonpublic school or agency services to contain provisions requiring compliance with those described provisions.

The bill would require the above-described application for a nonpublic school seeking certification from the Superintendent to include (

A) an assurance that the nonpublic school has requested from the Commission on Teacher Credentialing a list of all credentialholders who have had final adverse action taken against their credential, (

B) commencing July 1, 2027, documentation that specified staff and administrators have obtained fingerprint clearance with the commission, as provided, and (

C) commencing January 1, 2028, a list of staff providing instruction and services to pupils in the state and copies of their credentials, as specified. The bill would require, instead of authorize, the Superintendent to verify that a nonpublic school or agency seeking certification has received a successful criminal background check clearance and has enrolled in subsequent arrest notice service for each owner, operator, employee, and contractor of the nonpublic school or agency, as applicable.

The bill would require the Superintendent, as part of monitoring the quality of the educational program of an existing certified nonpublic school, to also monitor the criminal background checks required for employment and pupils’ receipt of any mandated instruction required for all pupils of local educational agencies, as specified. The bill would require the Superintendent, as part of monitoring an existing certified nonpublic agency, to instead monitor the agency for compliance with applicable statutory and regulatory requirements. The bill would require the department to (

A) require each person employed by a nonpublic school interacting with a California pupil to undergo a fingerprint-based state and national criminal history background check, (

B) submit those fingerprints, and (

C) request subsequent arrest records, as specified. The bill would impose the same requirements on a local educational agency with respect to each person employed by the nonpublic school that it has a master contract with, as provided. The bill would require the Department of Justice to provide a state and federal response to those requests in accordance with specified provisions.

The bill would require a certified nonpublic school to additionally provide written notification to the department and the local educational agency with which it has a master contract of any pupil-involved incident at the school resulting in, among other things, a serious injury to a pupil, as specified, or the commencement of an investigation into an employee or contractor involving an allegation of misconduct.

The bill would require a nonpublic school employing a person with a credential to report any change in employment status of the credentialholder to the commission within days if the change in status is a result of an allegation of misconduct, as specified. The bill would also make conforming changes.

(2) Existing law authorizes the governing board of a school district or a county board of education to request the State Board of Education to waive all or part of specified education laws or regulations adopted by the state board, as provided, with exceptions. Existing law requires the state board to approve any and all requests for waivers except in those cases where the state board specifically finds, among other things, that the educational needs of the pupils are not adequately addressed.

This bill would prohibit the state board from waiving all or part of any laws relating to special education pursuant to the above-described provisions. Existing law authorizes a public agency, as defined, to request the state board to grant a waiver of any provision of education laws or regulations adopted pursuant to those provisions if the waiver (

A) is necessary or beneficial to the content and implementation of a pupil’s individualized education program and (

B) does not abrogate any rights provided to individuals with exceptional needs and their parents or guardians, or affect the compliance of a local educational agency with specified federal regulations. Existing law authorizes the state board to grant, in whole or in part, any of those requests when the facts indicate that a failure to do so would hinder implementation of a pupil’s individualized education program or compliance by a local educational agency with specified federal mandates.

This bill would prohibit a waiver submitted by a public agency on or after January 1, 2027, that is related to the placement of a pupil other than at a local educational agency to waive specified requirements from being approved unless it includes, among other things, a description of how the public agency requesting the waiver will oversee and evaluate the pupil’s placement and that certain requirements are met, as provided.

(3) Existing law requires the Commission on Teacher Credentialing to establish standards and procedures for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to make available to each private school a listing of all credentialholders who have had final adverse action taken against their credential which is required to be identical to that made available to public schools in the state. This bill would require the commission to also make available the above-described listing to the State Department of Education.

The bill would require the department to request notice from the commission regarding the list, monitor the status of the credentialholders at nonpublic schools, and confirm that a credentialholder has been removed from contact with California pupils when a credentialholder has their credential suspended or revoked, and would impose the same requirements on a local educational agency with respect to each nonpublic school that it has a master contract with, as provided.

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Education Code is amended to read: 33050. (

a) The governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, may request the state board to waive all or part of any

section of this code or any regulation adopted by the state board that implements a provision of this code that may be waived, except:

(1) Chapter 12.5 (commencing with

Section 2574) of Part of Division of Title 1.

(2) Article 1 (commencing with

Section 15700) and

Article 2 (commencing with

Section 15780) of

Chapter of Part of Division of Title 1.

(3) Chapter 6 (commencing with

Section 16000) of Part of Division of Title 1.

(4) Chapter 12 (commencing with

Section 17000),

Chapter 12.5 (commencing with

Section 17070.10), and

Chapter 14 (commencing with

Section 17085) of Part of Division of Title 1.

(5) Part 13 (commencing with

Section 22000),

Part 13.5 (commencing with

Section 25900), and

Part 14 (commencing with

Section 26000) of Division of Title 1.

(6) Section 35735.1. (7) Paragraph (8) of subdivision (

a) of

Section 37220.

(8) The following provisions of

Part 10.5 (commencing with

Section 17210) of Division of Title 1: (

A) Chapter 1 (commencing with

Section 17210). (

B) Article 1 (commencing with

Section 17251) to

Article 6 (commencing with

Section 17365), inclusive, of

Chapter 3. (

C) Sections to 17429, inclusive; Sections and 17462; subdivision (

a) of

Section 17464; and Sections to 17590, inclusive.

(9) The following provisions of

Part 24 (commencing with

Section 41000) of Division 3: (

A) Sections to 41360, inclusive. (

B) Sections to 41423, inclusive. (

C) Section 41544. (

D) Sections to 41863, inclusive. (

E) Sections to 42850, inclusive.

(10) Sections and 44505.

(11) Article 3 (commencing with

Section 44930) of

Chapter of Part of Division and regulations in Title of the California Code of Regulations adopted pursuant to

Article 3 (commencing with

Section 44930) of

Chapter of Part of Division 3.

(12) Part 26 (commencing with

Section 46000) of Division 4.

(13) The following provisions of

Part 26.8 (commencing with

Section 47600) of Division 4: (

A) Subdivision (

i) of

Section 47632. (

B) Section 47635. (

C) Section 47652. (

D) Article 6 (commencing with

Section 47660) of

Chapter 6.

(14) Article 1 (commencing with

Section 48000) of

Chapter of Part of Division 4.

(15) Section 48310.

(16) Section 48359.5.

(17) Chapter 6 (commencing with

Section 48900) and

Chapter 6.5 (commencing with

Section 49060) of Part of Division 4.

(18) Section 51513.

(19) Section 52163.

(20) The identification and assessment criteria relating to any categorical aid program, including Sections 52164.1 and 52164.6.

(21) Sections 52165, 52166, and 52178.

(22) Part 30 (commencing with

Section 56000) of Division 4. A waiver for this part may only be submitted pursuant to

Section 56101.

(23) Article 4 (commencing with

Section 60640) of

Chapter of Part of Division 4, relating to the California Assessment of Student Performance and Progress (CAASPP), and any other provisions of

Chapter 5 (commencing with

Section 60600) of Part of Division that establish requirements for the CAASPP.

(24) Part 38 (commencing with

Section 65000) of Division 4. (

b) A request for a waiver submitted by the governing board of a school district or a county board of education pursuant to subdivision (

a) shall include a written statement as to both of the following:

(1) Whether the exclusive representative of employees, if any, as provided in

Chapter 10.7 (commencing with

Section 3540) of Division of Title of the Government Code, participated in the development of the waiver.

(2) The exclusive representative’s position regarding the waiver. (

c) A request for a waiver submitted pursuant to subdivision (

a) relating to a regional occupational center or program established pursuant to

Article 1 (commencing with

Section 52300) of

Chapter of Part of Division 4, which is operated by a joint powers entity established pursuant to

Chapter 5 (commencing with

Section 6500) of Division of Title of the Government Code, shall be submitted as a joint waiver request for each participating school district and shall meet both of the following conditions:

(1) Each joint waiver request shall comply with all of the requirements of this article.

(2) The submission of a joint waiver request shall be approved by a unanimous vote of the governing board of the joint powers agency.

SEC. 2.

Section of the Education Code is amended to read: 44237. (

a) Every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level shall require each applicant for employment in a position requiring contact with minor pupils to submit two sets of fingerprints prepared for submittal by the employer to the Department of Justice for the purpose of obtaining criminal record

summary information from the Department of Justice and the Federal Bureau of Investigation. (b)

(1) As used in this section, “employer” means every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level.

(2) As used in this section, “employment” means the act of engaging the services of a person, who will have contact with pupils, to work in a position at a private school at the elementary or high school level on or after September 30, 1997, on a regular, paid full-time basis, regular, paid part-time basis, or paid full-time or part-time seasonal basis.

(3) As used in this section, “applicant” means any person who is seriously being considered for employment by an employer.

(4) This

section does not apply to a secondary school pupil working at the school that the pupil attends or a parent or legal guardian working exclusively with their children. (c)

(1) Upon receiving the identification cards, the Department of Justice shall ascertain whether the applicant has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the Department of Justice and forward the information to the employer submitting the fingerprints no more than working days after receiving the identification cards. The Department of Justice shall not forward information regarding criminal proceedings that did not result in a conviction but shall forward information on arrests pending adjudication.

(2) Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days. If the Department of Justice cannot ascertain the information required pursuant to this subdivision within three working days, the Department of Justice shall notify the employer submitting the fingerprints that it cannot so ascertain the required information.

This notification shall be delivered by telephone or email to the employer submitting the fingerprints. If the employer submitting the fingerprints is notified by the Department of Justice that it cannot ascertain the required information about a person, the employer shall not employ that person until the Department of Justice ascertains that information.

(3) The Department of Justice shall review the criminal record

summary it obtains from the Federal Bureau of Investigation to ascertain whether an applicant for employment has a conviction, or an arrest pending final adjudication, for any sex offense, controlled substance offense, crime of violence, or serious or violent felony. The Department of Justice shall provide written notification to the private school employer only as to whether an applicant for employment has any convictions, or arrests pending final adjudication, for any of these crimes. (

d) An employer shall not employ a person until the Department of Justice completes its check of the state criminal history file as set forth in this section. (e)

(1) An employer shall not employ a person who has been convicted of a violent or serious felony or a person who would be prohibited from employment by a public school district pursuant to any provision of this code because of the person’s conviction for any crime.

(2) A person who would be prohibited from employment by a private school pursuant to paragraph (1) shall not, on or after July 1, 1999, own or operate a private school offering instruction on the elementary or high school level. (

f) An employer shall request subsequent arrest service from the Department of Justice as provided under

Section 11105.2 of the Penal Code. (

g) This

section applies to any violent or serious offense that, if committed in this state, would have been punishable as a violent or serious felony. (

h) For purposes of this section, a violent felony is any felony listed in subdivision (

c) of

Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (

c) of

Section 1192.7 of the Penal Code. (

i) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to

Chapter 3.5 (commencing with

Section 4852.01) of Title of Part of the Penal Code. (

j) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that the person has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the county in which the person is a resident. (

k) The commission shall make available to each private school and the department a listing of all credentialholders who have had final adverse action taken against their credential. The information shall be identical to that made available to public schools in the state. The commission shall also send on a quarterly basis a complete and updated list of all teachers who have had their teaching credentials revoked or suspended, excluding teachers who have had their credentials reinstated, or who are deceased. (

l) The Department of Justice may charge a reasonable fee to cover costs associated with the processing, reviewing, and supplying of the criminal record

summary as required by this section. The fee shall not exceed the actual costs incurred by the Department of Justice. (

m) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprints and related information required by this section. (

n) All information obtained from the Department of Justice is confidential. Agencies handling Department of Justice information shall ensure the following:

(1) A recipient shall not disclose its contents or provide copies of information.

(2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records.

(3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (

a) of

Section of Title of the California Code of Regulations.

(4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections to 708, inclusive, of Title of the California Code of Regulations and

Section of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice.

SEC. 3.

Section of the Education Code is amended to read: 44415. (a)

(1) For the 2018–19 fiscal year, the sum of seventy-five million dollars ($75,000,000) is hereby appropriated from the General Fund to the commission to establish the Teacher Residency Grant Program. This funding shall be available for encumbrance until June 30, 2023.

(2) Of the amount appropriated in paragraph (1), fifty million dollars ($50,000,000) shall be expended to provide one-time competitive grants to grant applicants to develop new, or expand existing, teacher residency programs that recruit and support the preparation of special education teachers.

(3) Of the amount appropriated in paragraph (1), twenty-five million dollars ($25,000,000) shall be expended to provide one-time competitive grants to grant applicants to develop new, or expand existing, teacher residency programs that recruit and support the preparation of bilingual education, science, technology, engineering, or mathematics teachers. (b)

(1) The commission shall make one-time grants to grant applicants to establish new or expand existing teacher residency programs. Grant recipients shall work with one or more commission-accredited teacher preparation programs and may work with other community partners or nonprofit organizations to develop and implement programs of preparation and mentoring for resident teachers who will be supported through program funds and subsequently employed by the sponsoring grant recipient.

(2) A grant applicant may consist of one or more, or any combination, of the following: (

A) A school district. (

B) A county office of education. (

C) A charter school. (

D) A regional occupational center or program operated by a joint powers authority. (

E) A nonpublic, nonsectarian school, as defined in

Section 56034, as that

section read on June 27, 2018. (

c) Grants allocated pursuant to subdivision (

b) shall be up to twenty thousand dollars ($20,000) per teacher candidate in the residency program of the jurisdiction of the grant recipient, matched by that grant recipient on a dollar-for-dollar basis. Grant program funding shall be used for, but is not limited to, any of the following: teacher preparation costs, stipends for mentor teachers, stipends for teacher candidates, and mentoring and beginning teacher induction costs following initial preparation. (

d) A grant recipient shall not use more than percent of a grant award for program administration costs. (

e) A grant recipient shall provide a 100-percent match of grant funding in the form of one or both of the following:

(1) One dollar ($1) for every one dollar ($1) of grant funding received that is to be used in a manner consistent with allowable grant activities pursuant to subdivision (c).

(2) An in-kind match of mentor teacher personnel costs or other personnel costs related to the Teacher Residency Grant Program, provided by the grant recipient. (

f) For purposes of this section, the following terms have the following meanings: (1) “Teacher residency program” is a grant applicant-based program that partners with one or more teacher preparation programs accredited by the commission and in which a prospective teacher teaches at least one-half time alongside a teacher of record, who is designated as the experienced mentor teacher, for at least one full school year while engaging in initial preparation coursework.

(2) An “experienced mentor teacher” for purposes of the Teacher Residency Grant Program is an educator who meets all of the following requirements: (

A) Has at least three years of teaching experience and a clear credential authorizing instruction of special education, or bilingual education, science, technology, engineering, or mathematics pupils, in the subject in which the experienced mentor teacher will be mentoring. (

B) Has a record of successful teaching as demonstrated, at a minimum, by satisfactory annual performance evaluations for the preceding three years. (

C) Receives specific training for the mentor teacher role, and engages in ongoing professional learning and networking with other mentors. (

D) Receives compensation, appropriate release time, or both, to serve as a mentor in the initial preparation or beginning teacher induction component of the teacher residency program. (

g) Grant recipients shall do all of the following:

(1) Ensure that candidates are prepared to earn a preliminary teaching credential that will authorize the candidate to teach special education, or bilingual education, science, technology, engineering, or mathematics upon completion of the program.

(2) Ensure that candidates are provided instruction in all of the following: (

A) Teaching the content area or areas in which the teacher will become certified to teach. (

B) Planning, curriculum development, and assessment. (

C) Learning and child development. (

D) Management of the classroom environment. (

E) Use of culturally responsive practices, supports for language development, and supports for serving pupils with disabilities. (

F) Professional responsibilities, including interaction with families and colleagues.

(3) Provide each candidate mentoring and beginning teacher induction support following the completion of the initial credential program necessary to obtain a clear credential and ongoing professional development and networking opportunities during the candidate’s first years of teaching.

(4) Prepare candidates to teach at the same grant recipient in which they will work and learn the instructional initiatives and curriculum of the grant recipient.

(5) Group teacher candidates in cohorts to facilitate professional collaboration among residents, and place candidates in teaching schools or professional development programs that are organized to support a high-quality teacher learning experience in a supportive work environment. (

h) To receive a grant, an applicant shall submit an application to the commission at a time, in a manner, and containing information prescribed by the commission. (

i) When selecting grant recipients, the commission shall do both of the following:

(1) Require applicants to demonstrate a need for special education, or bilingual education, science, technology, engineering, or mathematics, teachers and to propose to establish a new, or expand an existing, teacher residency program that recruits, prepares, and supports teachers to teach special education, or bilingual education, science, technology, engineering, or mathematics, in a school within the jurisdiction of the sponsoring grant applicant.

(2) Give priority consideration to grant applicants with one or more schools that exhibit one or more of the following characteristics: (

A) A school where percent or more of the enrolled pupils are eligible for free and reduced-price meals. (

B) A school where at least percent of the teachers are misassigned, as determined by the commission, or working on a short-term staffing permit, a provisional intern permit, or a waiver. (

C) A school that is located in either a rural location or a densely populated region. (

D) A school with a cumulative voluntary teacher attrition rate that exceeded percent over the three preceding school years. (

j) A candidate in a teacher residency program sponsored by a grant provided pursuant to subdivision (

b) shall agree in writing to either (1) work as an education specialist serving a caseload of pupils who receive special education services in a special education setting or (2) be placed in a bilingual education, science, technology, engineering, or mathematics assignment, in a school within the grant recipient that sponsored the candidate for a period of at least four school years beginning with the school year that begins after the candidate successfully completes the initial year of preparation and obtains a preliminary teaching credential.

A candidate who fails to earn a preliminary credential or complete the period of the placement shall reimburse the sponsoring grant recipient the amount of grant funding invested in the candidate’s residency training. The amount to be reimbursed shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at the sponsoring grant recipient. A candidate shall have five school years to complete the four-school-year teaching commitment. (

k) If a candidate is unable to complete a school year of teaching, that school year may still be counted toward the required four complete school years if any of the following occur:

(1) The candidate has completed at least one-half of the school year.

(2) The employer deems the candidate to have fulfilled the candidate’s contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement.

(3) The candidate was not able to teach due to the financial circumstances of the sponsoring grant recipient, including a decision to not reelect the employee for the next succeeding school year.

(4) The candidate has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C.

Sec. 2601 et seq.) or similar state law.

(5) The candidate was called or ordered to active duty status for more than days as a member of a reserve component of the Armed Forces of the United States. (

l) For purposes of administering the grant program pursuant to subdivision (b), the commission shall do all of the following:

(1) Determine the number of grants to be awarded and the total amount awarded to each grant applicant.

(2) Require grant recipients to submit program and expenditure reports, as specified by the commission, as a condition of receiving grant funds.

(3) Annually review each grant recipient’s program and expenditure reports to determine if any candidate has failed to meet the candidate’s commitment pursuant to subdivision (j). (

m) If the commission determines or is informed that a sponsored candidate failed to earn a preliminary credential or meet the sponsored candidate’s commitment to teach pursuant to subdivision (j), the commission shall confirm with the grant recipient the applicable grant amount to be recovered from the candidate and the grant recipient. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at the sponsoring grant recipient. (

n) Upon confirming the amount to be recovered from the grant recipient pursuant to subdivision (m), the commission shall notify the grant recipient of the amount to be repaid within days. The grant recipient shall have days from the date of the notification to make the required repayment to the commission. If the grant recipient fails to make the required payment within days, the commission shall notify the Controller and the grant recipient of the failure to repay the amount owed.

The Controller shall deduct an amount equal to the amount owed to the commission from the grant recipient’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by

Section of

Article IX of the California Constitution. If the grant recipient is a regional occupational center or a program operated by a joint powers authority that does not receive principal apportionment or apportionments of state funds, or a consortia of local educational agencies, the commission shall notify the Controller of the local educational agency where the candidate taught and the Controller shall deduct the amount owed from the applicable local educational agency’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by

Section of

Article IX of the California Constitution. (

o) An amount recovered by the commission or deducted by the Controller pursuant to subdivision (

n) shall be deposited into the Proposition Reversion Account. (

p) Grant recipients may recover from a sponsored candidate who fails to earn a preliminary credential or complete the period of placement the amount of grant funding invested in the candidate’s residency training. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at the sponsoring grant recipient. (

q) Grant recipients shall not charge a teacher resident a fee to participate in the Teacher Residency Grant Program. (r)

(1) Notwithstanding paragraphs (2) and (3) of subdivision (a), the commission may allocate up to one million five hundred thousand dollars ($1,500,000) of the amount appropriated pursuant to subdivision (

a) to capacity grants that shall be awarded on a competitive basis to local educational agencies or consortia, described in subparagraphs (

A) to (D), inclusive, of paragraph (2) of subdivision (b), partnering with institutions of higher education to expand or create teacher residency programs that lead to more credentialed special education, or bilingual education, science, technology, engineering, or mathematics, teachers. (2) (

A) The commission shall determine the number of capacity grants to be awarded and the amount of the applicable grants. (

B) Individual capacity grants shall not exceed seventy-five thousand dollars ($75,000) per grant recipient. (

s) For purposes of making the computations required by

Section of

Article XVI of the California Constitution, the appropriation made by subdivision (

a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (

c) of

Section 41202, for the 2017–18 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to

Article XIII B,” as defined in subdivision (

e) of

Section 41202, for the 2017–18 fiscal year.

SEC.

Section 48645.5 of the Education Code is amended to read: 48645.5. (

a) Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic school or agency, as defined in Sections and 56035, pursuant to an individualized education program. The coursework shall be transferred by means of the standard state transcript.

If a pupil completes the graduation requirements of the pupil’s school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma. (

b) A pupil shall not be denied enrollment or readmission to a public school solely on the basis that the pupil has had contact with the juvenile justice system, including, but not limited to:

(1) Arrest.

(2) Adjudication by a juvenile court.

(3) Formal or informal supervision by a probation officer.

(4) Detention for any length of time in a juvenile facility or enrollment in a juvenile court school. (

c) Pursuant to subparagraph (

B) of paragraph (8) of subdivision (

f) of

Section 48853.5, a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school. (d)

(1) If a pupil transfers into a juvenile court school any time after the completion of the pupil’s second year of high school and completes the statewide coursework requirements for graduation specified in

Section 51225.3 while attending a juvenile court school, and the pupil is in their third or fourth year of high school, the county office of education shall exempt the pupil from all coursework or other requirements of the county office of education that are in addition to the statewide coursework specified in

Section 51225.3, unless the county office of education makes a finding that the pupil is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.

(2) To determine whether a juvenile court school pupil is in the third or fourth year of high school, the number of credits the pupil has earned to the date of transfer, the length of the pupil’s school enrollment, or, for pupils with significant gaps in school attendance, the pupil’s age as compared to the average age of pupils in the third or fourth year of high school, may be used, whichever will qualify the pupil for the exemption.

(3) Within calendar days of the date that a pupil who may qualify for the exemption from local graduation requirements pursuant to this

section transfers into a juvenile court school for an enrollment period in the juvenile court school of at least days, the county office of education shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker and probation officer of the availability of the exemption and whether the pupil qualifies for the exemption. If the county office of education fails to provide timely notice pursuant to this section, the pupil shall be eligible for the exemption from local graduation requirements pursuant to this

section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.

(4) The county office of education shall comply with all of the requirements of

Section 48645.7. (

e) If a juvenile court school pupil is exempted from local graduation requirements pursuant to this

section and completes the statewide coursework requirements specified in

Section 51225.3 before the end of the pupil’s fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, the county office of education shall not require or request that the pupil graduate before the end of the pupil’s fourth year of high school. (

f) For purposes of this section, “local graduation requirements” means the coursework and other requirements for high school graduation adopted by the county board of education.

SEC. 5.

Section of the Education Code is amended to read: 48853. (

a) A pupil described in subdivision (

a) of

Section 48853.5 who is placed in a licensed children’s institution or foster family home as defined in

Section 56155.5, shall attend programs operated by the local educational agency, unless one of the following applies:

(1) The pupil is entitled to remain in the pupil’s school of origin pursuant to paragraph (1) of subdivision (

f) of

Section 48853.5.

(2) The pupil has an individualized education program requiring placement in a nonpublic school, as defined in

Section 56034, or in another local educational agency.

(3) The parent or guardian, or other person holding the right to make educational decisions for the pupil pursuant to

Section or of the Welfare and Institutions Code or

Section 56055, determines that it is in the best interests of the pupil to be placed in another educational program, in which case the parent or guardian or other person holding the right to make educational decisions for the pupil shall provide a written statement that they have made that determination to the local educational agency. This statement shall include a declaration that the parent, guardian, or other person holding the right to make educational decisions for the pupil is aware of all of the following: (

A) The pupil has a right to attend a regular public school in the least restrictive environment. (

B) The alternate education program is a special education program, if applicable. (

C) The decision to unilaterally remove the pupil from the regular public school and to place the pupil in an alternate education program may not be financed by the local educational agency. (

D) Any attempt to seek reimbursement for the alternate education program may be at the expense of the parent, guardian, or other person holding the right to make educational decisions for the pupil. (

b) For purposes of ensuring a parent, guardian, or other person holding the right to make educational decisions for the pupil is aware of the information described in subparagraphs (

A) to (D), inclusive, of paragraph (3) of subdivision (a), the local educational agency may provide that information in writing. (

c) Before any decision is made to place a pupil in a juvenile court school as defined by

Section 48645.1, a community school as described in Sections and 48660, or other alternative educational setting, the parent or guardian, or person holding the right to make educational decisions for the pupil pursuant to

Section or of the Welfare and Institutions Code or

Section 56055, shall first consider placement in the regular public school. (

d) If any dispute arises as to the school placement of a pupil subject to this section, the pupil has the right to remain in the pupil’s school of origin, as defined in subdivision (

g) of

Section 48853.5, pending resolution of the dispute. The dispute shall be resolved in accordance with the existing dispute resolution process available to any pupil served by the local educational agency. (

e) This

section does not supersede other laws that govern pupil expulsion. (

f) This

section does not supersede any other law governing the educational placement in a juvenile court school, as defined by

Section 48645.1, of a pupil detained in a county juvenile hall, or committed to a county juvenile ranch, camp, forestry camp, or regional facility. (g)

(1) Foster children living in emergency shelters, as referenced in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.

Sec. 11301 et seq.), may receive educational services at the emergency shelter as necessary for short periods of time for either of the following reasons: (

A) For health and safety emergencies. (

B) To provide temporary, special, and supplementary services to meet the child’s unique needs if a decision regarding whether it is in the child’s best interests to attend the school of origin cannot be made promptly, it is not practical to transport the child to the school of origin, and the child would otherwise not receive educational services.

(2) The educational services may be provided at the shelter pending a determination by the person holding the right regarding the educational placement of the child. (

h) All educational and school placement decisions shall be made to ensure that the child is placed in the least restrictive educational programs and has access to academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child. (i)

(1) A complaint of noncompliance with the requirements of this

section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in

Chapter 5.1 (commencing with

Section 4600) of Division of Title of the California Code of Regulations.

(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to

Chapter 5.1 (commencing with

Section 4600) of Division of Title of the California Code of Regulations and shall receive a written decision regarding the appeal within days of the department’s receipt of the appeal.

(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.

(4) Information regarding the requirements of this

section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to

Section of Title of the California Code of Regulations.

SEC.

Section 48853.5 of the Education Code is amended to read: 48853.5. (

a) This

section applies to a foster child. “Foster child” means any of the following:

(1) A child who has been removed from their home pursuant to

Section of the Welfare and Institutions Code.

(2) A child who is the subject of a petition filed under

Section or of the Welfare and Institutions Code, whether or not the child has been removed from their home.

(3) A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law.

(4) A child who is the subject of a voluntary placement agreement, as defined in subdivision (

p) of

Section of the Welfare and Institutions Code. (

b) The department, in consultation with the California Foster Youth Education Task Force, shall develop a standardized notice of the educational rights of foster children, as specified in Sections to this section, inclusive, and Sections 48911, 48915.5, 49069.5, 49076, 51225.1, and 51225.2. The notice shall include complaint process information, as applicable. The department shall make the notice available to educational liaisons for foster children for dissemination by posting the notice on its internet website. Any version of this notice prepared for use by foster children shall also include, to the greatest extent practicable, the rights established pursuant to

Section 16001.9 of the Welfare and Institutions Code. In developing the notice that includes the rights in

Section 16001.9 of the Welfare and Institutions Code, the department shall consult with the Office of the State Foster Care Ombudsperson. (

c) Each local educational agency shall designate a staff person as the educational liaison for foster children. In a school district that operates a foster children services program pursuant to

Chapter 11.3 (commencing with

Section 42920) of Part of Division 3, the educational liaison shall be affiliated with the local foster children services program. The educational liaison shall do both of the following:

(1) Ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children.

(2) Assist foster children when transferring from one school to another school or from one school district to another school district in ensuring proper transfer of credits, records, and grades. (

d) A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s, as defined in

Section 224.1 of the Welfare and Institutions Code, tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information. (

e) This

section does not grant authority to the educational liaison that supersedes the authority granted under state and federal law to a parent or legal guardian retaining educational rights, a responsible adult appointed by the court to represent the child pursuant to

Section or of the Welfare and Institutions Code, a surrogate parent, or a foster parent exercising the authority granted under

Section 56055. The role of the educational liaison is advisory with respect to placement decisions and determination of the school of origin. (f)

(1) At the initial detention or placement, or any subsequent change in placement of a foster child, the local educational agency serving the foster child shall allow the foster child to continue the foster child’s education in the school of origin for the duration of the jurisdiction of the court.

(2) If the jurisdiction of the court is terminated before the end of an academic year, the local educational agency shall allow a former foster child who is in kindergarten or any of grades to 8, inclusive, to continue the former foster child’s education in the school of origin through the duration of the academic school year. (3) (

A) If the jurisdiction of the court is terminated while a foster child is in high school, the local educational agency shall allow the former foster child to continue the former foster child’s education in the school of origin through graduation. (

B) For purposes of this paragraph, a school district is not required to provide transportation to a former foster child who has an individualized education program that does not require transportation as a related service and who changes residence but remains in the former foster child’s school of origin pursuant to this paragraph, unless the individualized education program team determines that transportation is a necessary related service.

(4) To ensure that the foster child has the benefit of matriculating with the foster child’s peers in accordance with the established feeder patterns of school districts, if the foster child is transitioning between school grade levels, the local educational agency shall allow the foster child to continue in the school district of origin in the same attendance area, or, if the foster child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, to the school designated for matriculation in that school district. (5) (A) Paragraphs (2), (3), and (4) do not require a school district to provide transportation services to allow a foster child to attend a school or school district, unless there is an agreement with a local child welfare agency that the school district assumes part or all of the transportation costs in accordance with

Section 6312(c)(5) of Title of the United States Code, or unless otherwise required under federal law. This paragraph does not prohibit a school district from, at its discretion, providing transportation services to allow a foster child to attend a school or school district. (

B) In accordance with

Section 6312(c)(5) of Title of the United States Code, local educational agencies shall collaborate with local child welfare agencies to develop and implement clear written procedures to address the transportation needs of foster youth to maintain them in their school of origin, when it is in the best interest of the foster youth.

(6) The educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, may recommend, in accordance with the foster child’s best interests, that the foster child’s right to attend the school of origin be waived and the foster child be enrolled in a public school that pupils living in the attendance area in which the foster child resides are eligible to attend.

(7) Before making a recommendation to move a foster child from the foster child’s school of origin, the educational liaison shall provide the foster child and the person holding the right to make educational decisions for the foster child with a written explanation stating the basis for the recommendation and how the recommendation serves the foster child’s best interests. (8) (

A) If the educational liaison, in consultation with the foster child and the person holding the right to make educational decisions for the foster child, agrees that the best interests of the foster child would best be served by the foster child’s transfer to a school other than the school of origin, the foster child shall immediately be enrolled in the new school. (

B) The new school shall immediately enroll the foster child even if the foster child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to

Chapter 1 (commencing with

Section 120325) of Part of Division of the Health and Safety Code, proof of residency, other documentation, or school uniforms. (

C) Within two business days of the foster child’s request for enrollment, the educational liaison for the new school shall contact the school last attended by the foster child to obtain all academic and other records. The last school attended by the foster child shall provide all required records to the new school regardless of any outstanding fees, fines, textbooks, or other items or moneys owed to the school last attended. The educational liaison for the school last attended shall provide all records to the new school within two business days of receiving the request.

(9) If a dispute arises regarding the request of a foster child to remain in the school of origin, the foster child has the right to remain in the school of origin pending resolution of the dispute. The dispute shall be resolved in accordance with the existing dispute resolution process available to a pupil served by the local educational agency.

(10) The local educational agency and the county placing agency are encouraged to collaborate to ensure maximum use of available federal moneys, explore public-private partnerships, and access any other funding sources to promote the well-being of foster children through educational stability. (11) (

A) If a local educational agency operates an intersession program, the local educational agency shall grant priority access to a foster child. (

B) Notwithstanding any other law, if the foster child will be moving during an intersession period, the pupil’s educational rights holder, or Indian custodian in the case of an Indian child, shall determine which school the pupil attends for the intersession period, if applicable.

(12) It is the intent of the Legislature that this subdivision shall not supersede or exceed other laws governing special education services for eligible foster children. (

g) For purposes of this section, the following

definitions shall apply: (1) “Indian custodian” as it is defined in

Section of Title of the United States Code. (2) (A) “Intersession program” means an expanded learning program offered by a local educational agency on nonschooldays, including, but not limited to, summer school. (

B) An intersession program does not include an extended school year program for individuals with exceptional needs established pursuant to

Section of Title of the California Code of Regulations and

Section 300.106 of Title of the Code of Federal Regulations. (3) (A) “School of origin” means the school that the foster child attended when permanently housed or the school in which the foster child was last enrolled.

If the school the foster child attended when permanently housed is different from the school in which the foster child was last enrolled, or if there is some other school that the foster child attended with which the foster child is connected and that the foster child attended within the immediately preceding months, the educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, shall determine, in the best interests of the foster child, the school that shall be deemed the school of origin. (

B) For a foster child who is an individual with exceptional needs as defined in

Section 56026, “school” as used in the definition of “school of origin” in subparagraph (

A) includes a placement in a nonpublic school, as defined in

Section 56034, subject to the requirements of

Section 56325. (

h) This

section does not supersede other law governing the educational placements in juvenile court schools, as described in

Section 48645.1, by the juvenile court under

Section of the Welfare and Institutions Code. (i)

(1) A complaint of noncompliance with the requirements of this

section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in

Chapter 5.1 (commencing with

Section 4600) of Division of Title of the California Code of Regulations.

(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to

Chapter 5.1 (commencing with

Section 4600) of Division of Title of the California Code of Regulations and shall receive a written decision regarding the appeal within days of the department’s receipt of the appeal.

(3) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.

(4) Information regarding the requirements of this

section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to

Section of Title of the California Code of Regulations.

SEC. 7.

Section of the Education Code is amended to read: 48854. A licensed children’s institution or nonpublic school or agency, as defined in Sections and 56035, may not require as a condition of placement or a provision of services that educational authority for a child, as defined in

Section be designated to that institution, school, or agency.

SEC. 8.

Section of the Education Code is amended to read: 48856. A local educational agency shall invite at least one noneducational agency representative that has placement responsibility for a pupil residing in a licensed children’s institution to collaborate with the local educational agency in the monitoring of a placement in a nonpublic school, as defined in

Section 56034, or a provision of services by a nonpublic agency, as defined in

Section 56035.

SEC.

Section 48911.5 of the Education Code is amended to read: 48911.5. The site principal of a contracting nonpublic school, as defined in

Section 56034, providing services to individuals with exceptional needs under Sections and 56366, shall have the same duties and responsibilities with respect to the suspension of pupils with previously identified exceptional needs prescribed for the suspension of pupils under

Section 48911.

SEC. 10.

Section of the Education Code is amended to read: 48986. (a)

(1) A local educational agency shall inform, through a notice in the manner prescribed in this section, the parents or guardians of each enrolled pupil of California’s child access prevention laws and laws relating to the safe storage of firearms, including, but not limited to, Division 4 (commencing with

Section 25000) of Title of Part of the Penal Code.

(2) The notice shall be provided annually at the beginning of the first semester or quarter of the regular school term.

(3) The notice shall be informed by the most updated model language developed pursuant to subdivision (c). (b)

(1) The notice described in subdivision (

a) shall be made using any of the methods described in

Section that apply and may be provided as a single notice for multiple pupils living in the same household.

(2) A school district shall provide the notice as part of the annual notification required pursuant to

Section 48980. (c)

(1) On or before July 1, 2023, the department shall develop, in consultation with the Department of Justice, model language for the notice described in subdivision (a).

(2) On or before July 1, 2024, and each July thereafter, the department shall update as necessary for any change in the law, in consultation with the Department of Justice, the model language developed pursuant to paragraph (1).

(3) The department shall share the model language developed and updated pursuant to paragraphs (1) and (2) in both of the following manners: (

A) With all local educational agencies for the purposes described in subdivision (a). (

B) Upon request, with any private school for distribution or potential distribution by the private school. (

d) A local educational agency, a private school, and the department are immune from civil liability for any damages allegedly caused by, arising out of, or relating to the notice if the entity provided the notice using the model language provided to it by the department. (

e) For purposes of this section, the following

definitions apply: (1) “Local educational agency” means a school district, county office of education, or charter school. (2) “Nonpublic school” has the same meaning as defined in

Section 56034. (3) “Private school” means a person, firm, association, partnership, or corporation offering or conducting private school instruction in the state. (4) “Private school instruction” means instruction at the elementary or high school level for one or more pupils who are to years of age, inclusive. Private school instruction includes, but is not limited to, instruction by conventional or traditional private schools, private school satellite programs, private online or virtual schools, and certified nonpublic schools. (f)

(1) If a local educational agency provides a notice required by

Section 49392, the local educational agency shall be deemed to have complied with the requirements of subdivisions (

a) and (b), as applicable.

(2) If the department develops model language pursuant to

Section 49391, the department shall be deemed to have complied with the requirements of subdivision (c).

(3) This subdivision shall only become operative if Senate Bill of the 2021–22 Regular Session is enacted and becomes effective on or before January 1, 2023, and adds Sections and to the Education Code.

SEC. 11.

Section of the Education Code is amended to read: 49001. (

a) For the purposes of this section, “corporal punishment” means the willful infliction of, or willfully causing the infliction of, physical pain on a pupil. An amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury to persons or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section.

Physical pain or discomfort caused by athletic competition or other such recreational activity, voluntarily engaged in by the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section. (

b) No person employed by or engaged in a public school shall inflict, or cause to be inflicted corporal punishment upon a pupil. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or authorizing the infliction of corporal punishment upon a pupil attending a public school is void and unenforceable. (

c) For purposes of this section, the following

definitions apply: (1) “Public school” includes a school operated by a school district or a county office of education, a charter school, a nonpublic school, and a state special school for the blind or the deaf. (2) “Nonpublic school” has the same meaning as defined in

Section 56034.

SEC.

Section 51225.2 of the Education Code is amended to read: 51225.2. (

a) For purposes of this section, the following

definitions apply: (1) “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school. (2) “Local educational agency” means a school district, county office of education, or charter school. (3) “Newcomer pupil” has the same meaning as “immigrant children and youth,” as defined in

Section 7011(5) of Title of the United States Code. (4) “Nonpublic school” has the same meaning as defined in

Section 56034. (5) “Partial coursework satisfactorily completed” includes any portion of an individual course, even if the pupil did not complete the entire course. (6) “Pupil in foster care” has the same meaning as “foster child,” as that term is defined in subdivision (

a) of

Section 48853.5. (7) “Pupil who is a child of a military family” means a pupil who meets the definition of “children of military families” under

Section 49701. (8) “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless children and youths” in

Section 11434a(2) of Title of the United States Code. (9) “Pupil who is a migratory child” means a pupil who meets the definition of “currently migratory child” under subdivision (

a) of

Section 54441. (b)

(1) Notwithstanding any other law, a local educational agency shall issue, and the new local educational agency shall accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic school.

(2) The transferring local educational agency shall issue the full and partial credits on an official transcript for the pupil and shall ensure the transcript includes all of the following: (

A) All full and partial credits and grades earned based on any measure of full or partial coursework being satisfactorily completed, including a determination of the days of enrollment or seat time, or both, if applicable, at a school of that local educational agency or a prior local educational agency, or any other public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic school. (

B) The credits and grades for each school and local educational agency listed separately so it is clear where they were earned. (

C) A complete record of the pupil’s seat time, including both period attendance and days of enrollment.

(3) The new local educational agency shall transfer the credits and grades onto an official transcript of the new local educational agency for the pupil in the same manner as described in subparagraph (

B) of paragraph (2) and pursuant to the requirements of subdivision (c).

(4) If the new school or new local educational agency has knowledge that the transcript from the transferring local educational agency may not include certain credits or grades for the pupil, it shall contact the prior local educational agency within two business days to request that the prior local educational agency issue full or partial credits pursuant to this paragraph. The prior local educational agency shall issue appropriate credits and provide all academic and other records to the new local educational agency within two business days of the request.

(5) For purposes of coursework completed by a pupil who is a child of a military family, “public school” includes schools operated by the United States Department of Defense. (c)

(1) The credits accepted pursuant to subdivision (

b) shall be applied for enrollment purposes as specified in subdivision (

d) to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic school.

(2) For purposes of the official transcript, the credits accepted pursuant to subdivision (

b) shall be added to the credits earned from the same or equivalent course for purposes of calculating the total credits earned for the course but shall separately identify the school and local educational agency in which the credits were earned. (

d) A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic school.

If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school.

When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course. (

e) A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California. (f)

(1) A complaint of noncompliance with the requirements of this

section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in

Chapter 5.1 (commencing with

Section 4600) of Division of Title of the California Code of Regulations.

(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to

Chapter 5.1 (commencing with

Section 4600) of Division of Title of the California Code of Regulations and shall receive a written decision regarding the appeal within days of the department’s receipt of the appeal.

(3) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.

(4) Information regarding the requirements of this

section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to

Section of Title of the California Code of Regulations.

SEC. 13.

Section of the Education Code is amended to read: 52052. (a)

(1) The single multiple measures public school accountability system authorized by

Article 4.5 (commencing with

Section 52059.5) shall measure the overall performance of numerically significant pupil subgroups in schools, including charter schools, school districts, and county offices of education.

(2) For purposes of this section, numerically significant pupil subgroups include all of the following: (

A) Ethnic subgroups. (

B) Socioeconomically disadvantaged pupils. (

C) English learners and, separately, long-term English learners, defined as a pupil who has not attained English language proficiency within seven years of initial classification as an English learner. (

D) Pupils with disabilities. (

E) Foster youth. (

F) Homeless youth. (3) (

A) For purposes of this section, a numerically significant pupil subgroup is one that consists of at least pupils. (

B) Notwithstanding subparagraph (A), for a subgroup of pupils who are foster youth, homeless youth, or long-term English learners, a numerically significant pupil subgroup is one that consists of at least pupils. (

b) To complement the multiple measures system, the Superintendent, with the approval of the state board, may develop and implement a program of school quality review that features locally convened panels to visit schools, observe teachers, interview pupils, and examine pupil work. (

c) The Superintendent shall annually provide to local educational agencies and the public a transparent and understandable explanation of the individual components of the multiple measures system. (

d) For purposes of the statewide system of support established pursuant to

Article 4.5 (commencing with

Section 52059.5), or any successor system, alternative schools include schools under the jurisdiction of a county board of education or a county superintendent of schools, community day schools, nonpublic schools pursuant to

Section 56366, and alternative schools serving high-risk pupils, including continuation high schools, dropout recovery high schools, and opportunity schools. (

e) For purposes of this section, the following terms shall have the following meanings: (1) “Dropout recovery high school” means a school offering instruction in any of grades to 12, inclusive, in which percent or more of its pupils are either designated as dropouts pursuant to the exit and withdrawal codes developed by the department or left a school and were not otherwise enrolled in a school for a period of at least days and the school provides instruction in partnership with any of the following: (

A) The federal Workforce Innovation and Opportunity Act (Public Law 113-128). (

B) Federally affiliated Youthbuild programs (29 U.S.C.

Sec. 3226 et seq.). (

C) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider. (

D) The California Conservation Corps or local conservation corps certified by the California Conservation Corps pursuant to

Section or 14507.5 of the Public Resources Code. (2) “Homeless youth” has the same meaning as in

Section 11434a(2) of Title of the United States Code. (

f) For any program identified in law that utilized a calculation pursuant to the former Academic Performance Index established pursuant to this section, as this

section read on January 1, 2018, the growth calculation shall be applied for those purposes. For purposes of paragraphs (1) to (3), inclusive, of subdivision (

b) of

Section 47607, alternative measures that show increases in pupil academic achievement for all groups of pupils schoolwide and among numerically significant pupil subgroups shall be used.

SEC. 14.

Section of the Education Code is amended to read: 56001. It is the intent of the Legislature that special education programs provide all of the following: (

a) Each individual with exceptional needs is assured an education appropriate to their needs in publicly supported programs through the completion of their prescribed course of study or until the time that they have met proficiency standards prescribed. (

b) Early educational opportunities shall be available to all children between the ages of three and five years who require special education and services. (

c) Early educational opportunities shall be made available to children younger than three years of age pursuant to

Chapter 4.4 (commencing with

Section 56425), appropriate sections of this part, and the California Early Intervention Services Act (Title 14 (commencing with

Section 95000) of the Government Code). (

d) Any child younger than three years of age, potentially eligible for special education, shall be afforded the protections provided pursuant to the California Early Intervention Services Act (Title 14 (commencing with

Section 95000) of the Government Code) and

Section of Title of the United States Code and implementing regulations. (

e) Each individual with exceptional needs shall have their educational goals, objectives, and special education and related services specified in a written individualized education program. (

f) Education programs are provided under an approved local plan for special education that sets forth the elements of the programs in accordance with this part. This plan for special education shall be developed cooperatively with input from the community advisory committee and appropriate representation from special and regular teachers and administrators selected by the groups they represent to ensure effective participation and communication. (

g) Individuals with exceptional needs are offered special assistance programs that promote maximum interaction with the general school population in a manner that is appropriate to the needs of both, taking into consideration, for hard-of-hearing or deaf children, the individual’s needs for a sufficient number of age and language mode peers and for special education teachers who are proficient in the individual’s primary language mode. (

h) Pupils are transferred out of special education programs when special education services are no longer needed. (

i) The unnecessary use of labels is avoided in providing special education and related services for individuals with exceptional needs. (

j) Procedures and materials for assessment and placement of individuals with exceptional needs shall be selected and administered so as not to be racially, culturally, or sexually discriminatory. No single assessment instrument shall be the sole criterion for determining the placement of a pupil. The procedures and materials for assessment and placement shall be in the individual’s mode of communication. Procedures and materials for use with pupils of limited-English proficiency, as defined in subdivision (

m) of

Section and in paragraph (18) of

Section of Title of the United States Code, shall be in the individual’s native language, as defined in paragraph (20) of

Section of Title of the United States Code. All assessment materials and procedures shall be selected and administered pursuant to

Section 56320. (

k) Educational programs are coordinated with other public and private agencies, including preschools, child development programs, nonpublic schools, regional occupational centers and programs, and postsecondary and adult programs for individuals with exceptional needs. (

l) Psychological and health services for individuals with exceptional needs shall be available to each schoolsite. (

m) Continuous evaluation of the effectiveness of these special education programs by the local educational agencies shall be made to ensure the highest quality educational offerings. (

n) Appropriate qualified staff are employed, consistent with credentialing requirements, to fulfill the responsibilities of the local plan and positive efforts are made to employ qualified disabled individuals. (

o) Regular and special education personnel are adequately prepared to provide educational instruction and services to individuals with exceptional needs.

SEC. 15.

Section of the Education Code is amended to read: 56028. (a) “Parent” means any of the following:

(1) A biological or adoptive parent of a child.

(2) A foster parent if the authority of the biological or adoptive parents to make educational decisions on the child’s behalf specifically has been limited by court order in accordance with

Section 300.30(b)(1) or (2) of Title of the Code of Federal Regulations.

(3) A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections and of the Welfare and Institutions Code.

(4) An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child’s welfare.

(5) A surrogate parent who has been appointed pursuant to

Section 7579.5 or 7579.6 of the Government Code, and in accordance with

Section 300.519 of Title of the Code of Federal Regulations and

Section 1439(a)(5) of Title of the United States Code. (b)

(1) Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (

a) to act as a parent, shall be presumed to be the parent for purposes of this

section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.

(2) If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (4), inclusive, of subdivision (

a) to act as the “parent” of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the “parent” for purposes of this part,

Article 1 (commencing with

Section 48200) of

Chapter of Part of Division 4,

Chapter 26.5 (commencing with

Section 7570) of Division of Title of the Government Code, and Sections and of the Welfare and Institutions Code. (c) “Parent” does not include the state or any political subdivision of government. (d) “Parent” does not include a nonpublic school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.

SEC. 16.

Section of the Education Code is amended to read: 56034. “Nonpublic school” means a private school that enrolls individuals with exceptional needs pursuant to an individualized education program and is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, or a public university or college. A nonpublic school also shall meet standards prescribed by the Superintendent and the state board.

SEC. 17.

Section of the Education Code is amended to read: 56035. “Nonpublic agency” means a private establishment or individual that provides related services necessary for an individual with exceptional needs to benefit educationally from the pupils’ educational program pursuant to an individualized education program and that is certified by the department.

It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, a public university or college, or a public hospital. The nonpublic agency shall also meet standards prescribed by the Superintendent and the state board.

SEC.

Section 56040.6 of the Education Code is amended to read: 56040.6. (

a) Consistent with state and federal law, implementing inclusion and universal design for learning initiatives for pupils to years of age, inclusive, a local educational agency shall consider all of the following with respect to the full language access needs of pupils who are deaf, hard of hearing, or deaf-blind, as described in paragraph (2) of subdivision (

a) of

Section 56326.5 and subdivision (

d) of

Section 56345:

(1) The legislative findings and declarations in subdivision (

b) of

Section 56000.5.

(2) Section 300.114(a)(2)(ii) of Title of the Code of Federal Regulations, which requires each public agency to ensure that special classes, separate schooling, or other removal of pupils with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(3) Section 300.324(a)(2)(iv) of Title of the Code of Federal Regulations, and paragraph (4) of subdivision (

b) of

Section 56341.1, which requires an individualized family service plan and individualized education program teams in the case of a pupil who is deaf, hard of hearing, or deaf-blind, to consider the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode.

(4) Section 300.324(a)(2)(iii) of Title of the Code of Federal Regulations, which requires in the case of a pupil who is blind or visually impaired, to provide for instruction in braille and the use of braille unless the individualized education program team determines, after an evaluation of the pupil’s reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the pupil’s future needs for instruction in braille or the use of braille, that instruction in braille or the use of braille is not appropriate for the pupil.

(5) Federal guidance, as set forth in Federal Register 49274 (October 30, 1992), which states that meeting the unique communication and related needs of a pupil who is deaf, hard of hearing, or deaf-blind is a fundamental part of providing a free appropriate public education to the pupil.

(6) Federal guidance, as set forth in Federal Register 49274 (October 30, 1992), which states that the decision as to what placement will provide a free appropriate public education for an individual pupil who is deaf, hard of hearing, or deaf-blind, includes a determination as to the least restrictive environment in which appropriate services can be made available to the pupil, must be made only after a full and complete individualized family service plan or individualized education program has been developed that addresses the full range of the pupil’s needs.

(7) Subdivision (

c) of

Section 56341.1, which requires an individualized education program team to, if the team determines that a pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive a free appropriate public education, include a statement to that effect in the pupil’s individualized education program.

(8) The importance of obtaining stakeholder input from deaf, hard of hearing, or deaf-blind individuals and experts from nonprofit organizations serving deaf and hard of hearing individuals.

(9) The importance of actively involving and respecting the input and choices of the parents or guardians of pupils, by including all of the following: (

A) Considering a pupil’s language development as specified in paragraph (2) of subdivision (

a) of

Section 56326.5 and subdivision (

d) of

Section 56345. (

B) Considering a pupil’s academic progress. (

C) Considering a parent’s or guardian’s knowledge and understanding of their child’s unique needs, including their insights into the child’s language and communication preferences. (

D) Facilitating meaningful participation of a parent or guardian in all team meetings and decisionmaking processes, ensuring their choices are documented and considered in the development and review of the individualized family service plan or the individualized education program. (

b) When an individualized family service plan or individualized education program team is determining the least restrictive environment for a deaf, hard of hearing, or deaf-blind pupil to years of age, inclusive, the individualized family service plan and individualized education program team shall do both of the following:

(1) Consider the language needs, as described in paragraph (2) of subdivision (

a) of

Section 56326.5 and subdivision (

d) of

Section 56345, of the pupil, including the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode consistent with, but not limited to, the requirements of

Section 56341.1 and the findings and declarations in

Section 56000.5.

(2) Consider reviewing placements and services available to the pupil, including those provided by a school district, a county office of education, a regional program, a nonpublic school or an agency certified by the state, and the California School for the Deaf. (

c) The department shall, on or before July 1, 2025, communicate the requirements of this

section to all local educational agencies and charter schools, as well as notify nonpublic schools or agencies certified by the state, special education local plan areas, the California School for the Deaf, and the California School for the Blind regarding this section. (

d) Nothing in this

section shall be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, to a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.), the development of an individualized education program, as defined in

Section 56032, or the individualized education program team’s determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title of the Code of Federal Regulations, and

Section 56345, aids to ensure effective communication pursuant to

Section 35.160 of Title of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361. (

e) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

SEC. 19.

Section of the Education Code is amended to read: 56042. Notwithstanding any other provision of law, an attorney or advocate for a parent of an individual with exceptional needs shall not recommend placement in a nonpublic school with which the attorney or advocate is employed or contracted, or otherwise has a conflict of interest or from which the attorney or advocate receives a benefit.

SEC. 20.

Section of the Education Code is amended to read: 56101. (

a) A public agency, as defined in

Section 56028.5, may request the state board to grant a waiver of any provision of this code or regulations adopted pursuant to that provision if the waiver is necessary or beneficial to the content and implementation of a pupil’s individualized education program and does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.), or affect the compliance of a local educational agency with the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.),

Section of the federal Rehabilitation Act of 1973 (29 U.S.C.

Sec. 794), and federal regulations relating thereto. (

b) The state board may grant, in whole or in part, any request pursuant to subdivision (

a) when the facts indicate that failure to do so would hinder implementation of the pupil’s individualized education program or compliance by a local educational agency with federal mandates for a free appropriate public education for children or youth with disabilities. (c)

(1) A waiver submitted on or after January 1, 2027, by a public agency pursuant to this

section that is related to the placement of a pupil other than at a local educational agency to waive any requirements in

Section 56365, 56366, or 56366.1 shall not be approved unless it includes all of the following: (1)<xhtml:span class="EnSpace"/>Includes sufficient</xhtml:p>"?> (

A) Sufficient documentation to demonstrate that the waiver is necessary to the content and implementation of a specific pupil’s individualized education program and the pupil’s current placement. (2)<xhtml:span class="EnSpace"/>Includes the</xhtml:p>"?> (

B) The period of time that the waiver will be effective during any one school year. (3)<xhtml:span class="EnSpace"/>Includes documentation</xhtml:p>"?> (

C) Documentation and assurance that the waiver does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under state or federal law, and does not hinder the compliance of a local educational agency with the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.),

Section of the federal Rehabilitation Act of 1973 (29 U.S.C.

Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12101 et seq.), and federal regulations relating to those acts. (4)<xhtml:span class="EnSpace"/>Include a</xhtml:p>"?> (

D) A description of how the public agency requesting the waiver will oversee and evaluate the pupil’s placement, consistent with subparagraph (

B) of paragraph (2) of

Section and paragraph (4) of subdivision (

e) of

Section 56366.1.

(2) The state board shall not approve a waiver pursuant to this subdivision unless all of the following conditions are met: (5)<xhtml:span class="EnSpace"/>Require that the nonpublic school</xhtml:p>"?> (

A) The school of placement meets the requirements pursuant to subdivision (

m) of

Section 56365, paragraphs (2), (3), (6), and (8) of subdivision (

a) of

Section 56366.1, and subdivision (

b) of

Section 56366.10. (6)<xhtml:span class="EnSpace"/>Require that the</xhtml:p>"?> (

B) The funds expended meet the requirements of subdivisions (d), (e), and (

f) of

Section 56365. (7)<xhtml:span class="EnSpace"/>Require that the nonpublic school provide</xhtml:p>"?> (

C) The school of placement provides assurances of compliance with

Article 5 (commencing with

Section 49000) of, and

Article 5.2 (commencing with

Section 49005) of,

Chapter of

Part 27, and Sections 56521.1 and 56521.2.

SEC. 21.

Section of the Education Code is amended to read: 56124. The Superintendent shall promote innovation and improvement in the field of special education at the public and nonpublic school, district, county, and state levels.

SEC. 22.

Section of the Education Code is amended to read: 56157. (

a) In providing appropriate programs to individuals with exceptional needs residing in licensed children’s institutions or foster family homes, the local educational agency shall first consider services in programs operated by public educational agencies for individuals with exceptional needs. If those programs are not appropriate, special education and related services shall be provided by contract with a nonpublic school. (b)

(1) An individual with exceptional needs residing in a licensed children’s institution or foster family home shall not be referred to, or placed in, a nonpublic school unless the individual’s individualized education program specifies that the placement is appropriate.

(2) If special education and related services are provided by contract with a nonpublic school, or with a licensed children’s institution under this article, the terms of the contract shall be developed in accordance with

Section 56366. (

c) If an individual with exceptional needs residing in a licensed children’s institution or foster family home is placed in a nonpublic school, the local educational agency that made the placement shall conduct an annual evaluation, in accordance with federal law as part of the annual individualized education program process, of whether the placement is the least restrictive environment that is appropriate to meet the pupil’s needs. (

d) If an individual with exceptional needs residing in a licensed children’s institution or foster family home is placed in a nonpublic school, the nonpublic school shall report to the local educational agency that made the placement, on a quarterly or trimester basis, as appropriate, the educational progress demonstrated by the individual with exceptional needs towards the attainment of the goals and objectives specified in the individual’s individualized education program. Pursuant to federal law, a local educational agency shall not refer a pupil to a nonpublic school unless the services required by the individualized education program of the pupil can be ensured.

SEC. 23.

Section of the Education Code is amended to read: 56168. (

a) A public hospital, state licensed children’s hospital, psychiatric hospital, proprietary hospital, or a health facility for medical purposes located either within and outside of this state that did not provide special education to individuals with exceptional needs who satisfy the criteria set forth in paragraph (2) of subdivision (

c) of

Section pursuant to a waiver granted under

Section 56366.2 for the 1994–95 school year, is ineligible for certification as a nonpublic school pursuant to

Section and Sections to 56366.5, inclusive, to provide special education to individuals with exceptional needs. Districts, special education local plan areas, or county offices shall have until September 1, 1994, to find an appropriate alternative placement for any children currently served in one of these programs. (

b) Pursuant to

Section 56167, the local educational agency in which the hospital or health facility is located has the educational responsibility for individuals with exceptional needs who reside in these facilities. (

c) A hospital or health facility is eligible for certification as a nonpublic agency pursuant to

Section and Sections to 56366.5, inclusive, to provide designated instruction and services to individuals with exceptional needs whether the child attends a public or nonpublic school or is enrolled in both a public and nonpublic school program as specified in

Section 56361.5.

SEC. 24.

Section of the Education Code is amended to read: 56170. As used in this part, “private school children with disabilities” means children with disabilities enrolled by a parent in private schools or facilities that meet the definition of “elementary school” in

Section 300.13 of Title of the Code of Federal Regulations or “secondary school” in

Section 300.36 of Title of the Code of Federal Regulations, in accordance with

Section 300.130 of Title of the Code of Federal Regulations, other than individuals with exceptional needs placed by a local educational agency in a nonpublic school pursuant to

Section 56365.

SEC.

Section 56195.8 of the Education Code is amended to read: 56195.8. (

a) Each entity providing special education under this part shall adopt policies for the programs and services it operates, consistent with agreements adopted pursuant to subdivision (

b) or (

c) of

Section 56195.1 or

Section 56195.7. The policies need not be submitted to the Superintendent. (

b) The policies shall include, but not be limited to, all of the following:

(1) Nonpublic services, including those provided pursuant to Sections and 56366.

(2) Review, at a general education or special education teacher’s request, of the assignment of an individual with exceptional needs to the individual’s class and a mandatory meeting of the individualized education program team if the review indicates a change in the pupil’s placement, instruction, related services, or any combination thereof. The procedures shall indicate which personnel are responsible for the reviews and a timetable for completion of the review.

(3) Procedural safeguards pursuant to

Chapter 5 (commencing with

Section 56500).

(4) Resource specialists pursuant to

Section 56362.

(5) Transportation, where appropriate, which describes how special education transportation is coordinated with regular home-to-school transportation. The policy shall set forth criteria for meeting the transportation needs of special education pupils. The policy shall include procedures to ensure compatibility between mobile seating devices, when used, and the securement systems required by Federal Motor Vehicle Safety Standard No. 222 (49 C.F.R. 571.222) and to ensure that schoolbus drivers are trained in the proper installation of mobile seating devices in the securement systems.

(6) Information on the number of individuals with exceptional needs who are being provided special education and related services.

(7) Caseloads pursuant to

Chapter 4.45 (commencing with

Section 56440). The policies, with respect to caseloads, shall not be developed until guidelines or proposed regulations are issued pursuant to

Section 56441.7. The guidelines or proposed regulations shall be considered when developing the caseload policy. A statement of justification shall be attached if the local caseload policy exceeds state guidelines or proposed regulations. (

c) The policies may include, but are not limited to, provisions for involvement of district and county governing board members in any due process hearing procedure activities conducted pursuant to, and consistent with, state and federal law.

SEC. 26.

Section of the Education Code is amended to read: 56205. (

a) Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure, in conformity with Sections 1412(

a) and 1413(a)(1) of Title of the United States Code, and in accordance with

Section 300.201 of Title of the Code of Federal Regulations, that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing the following:

(1) Free appropriate public education.

(2) Full educational opportunity.

(3) Child find and referral.

(4) Individualized education programs, including development, implementation, review, and revision.

(5) Least restrictive environment.

(6) Procedural safeguards.

(7) Annual and triennial assessments.

(8) Confidentiality.

(9) Transition from Subchapter III (commencing with

Section 1431) of Title of the United States Code to the preschool program.

(10) Children in private schools.

(11) Compliance assurances, including general compliance with the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.),

Section of the federal Rehabilitation Act of 1973 (29 U.S.C.

Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12101 et seq.), federal regulations relating thereto, and this part. (12) (

A) A description of the governance and administration of the local plan, including identification of the governing body of a multidistrict local plan or the individual responsible for administration in a single district local plan, and of the elected officials to whom the governing body or individual is responsible. (

B) A description of the regionalized operations and services listed in

Section 56836.23 and the direct instructional support provided by program specialists in accordance with

Section to be provided through the local plan. (

C) Verification that a community advisory committee has been established pursuant to

Section 56190. (

D) Multidistrict local plans, submitted pursuant to subdivision (

b) or (

c) of

Section 56195.1, shall do the following: (

i) Specify the responsibilities of each participating county office and district governing board in the policymaking process, the responsibilities of the superintendents of each participating district and county in the implementation of the local plan, and the responsibilities of district and county administrators of special education in coordinating the administration of the local plan. (ii) Identify the respective roles of the administrative unit and the administrator of the special education local plan area and the individual local educational agencies within the special education local plan area in relation to the following: (

I) The hiring, supervision, evaluation, and discipline of the administrator of the special education local plan area and staff employed by the administrative unit in support of the local plan. (II) The allocation from the state of federal and state funds to the special education local plan area administrative unit or to local educational agencies within the special education local plan area. (III) The operation of special education programs. (IV) Monitoring the appropriate use of federal, state, and local funds allocated for special education programs. (

V) The preparation of program and fiscal reports required of the special education local plan area by the state. (iii) Include copies of joint powers agreements or contractual agreements, as appropriate, for districts and counties that elect to enter into those agreements pursuant to subdivision (

b) or (

c) of

Section 56195.1. (

E) The description of the governance and administration of the local plan, and the policymaking process, shall be consistent with subdivision (

f) of

Section 56001, subdivision (

a) of

Section 56195.3, and

Section 56195.9, and shall reflect a

schedule of regular consultations regarding policy and budget development with representatives of special education and regular education teachers and administrators selected by the groups they represent and parent members of the community advisory committee established pursuant to

Article 7 (commencing with

Section 56190) of

Chapter 2.

(13) Personnel qualifications to ensure that personnel, including special education teachers and personnel and paraprofessionals providing related services, necessary to implement this part are appropriately and adequately prepared and trained in accordance with Sections and and Sections 1412(a)(14) and 1413(a)(3) of Title of the United States Code.

(14) Performance goals and indicators.

(15) Participation in state and districtwide assessments, including assessments described under

Section of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C.

Sec. 6301 et seq.) and alternate assessments in accordance with

Section 1412(a)(16) of Title of the United States Code, and reports relating to assessments.

(16) Supplementation of state, local, and other federal funds, including nonsupplantation of funds.

(17) Maintenance of financial effort.

(18) Opportunities for public participation before adoption of policies and procedures.

(19) Suspension and expulsion rates.

(20) Access to instructional materials by blind individuals with exceptional needs and others with print disabilities in accordance with

Section 1412(a)(23) of Title of the United States Code.

(21) Overidentification and disproportionate representation by race and ethnicity of children as individuals with exceptional needs, including children with disabilities with a particular impairment described in

Section of Title of the United States Code and in accordance with

Section 1412(a)(24) of Title of the United States Code.

(22) Prohibition of mandatory medication use pursuant to

Section 56040.5 and in accordance with

Section 1412(a)(25) of Title of the United States Code. (

b) Each local plan submitted to the Superintendent under this part shall also contain all the following:

(1) An annual budget plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the local plan area at least days before the hearing. The annual budget plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (

D) and (

E) of paragraph (12) of subdivision (

a) and consistent with subdivision (

f) of

Section and

Section 56195.9. The annual budget plan shall identify expected expenditures for all items required by this part which shall include, but not be limited to, the following: (

A) A description of the special education local plan area’s allocation plan in accordance with

Chapter 7.2 (commencing with

Section 56836), including funds apportioned to the administrative unit of the special education local plan area. (

B) All revenues by revenue source received by the special education local plan area specifically for the purpose of special education, including any property taxes allocated to the special education local plan area as designated in

Section 2572. (

C) A breakdown of the distribution of funds to each local educational agency within the special education local plan area. (

D) A description of projected total special education expenditures by local educational agency, including supplemental aids and services to meet the individual needs of pupils placed in regular education classrooms and environments and special education services to pupils with low incidence disabilities. (

E) A description of projected total expenditures by the special education local plan area and the local educational agencies within the special education local plan area by standardized account code structure object code. (

F) A description of projected funding to be received specifically for regionalized operations and a breakdown of projected special education local plan area operating expenditures by standardized account code structure object code.

(2) An annual service plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least days before the hearing. The annual service plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (

D) and (

E) of paragraph (12) of subdivision (

a) and consistent with subdivision (

f) of

Section and with

Section 56195.9. The annual service plan shall include a description of services to be provided by each local educational agency, including the nature of the services and the physical location at which the services will be provided, including alternative schools, opportunity schools and classes, community day schools operated by districts, community schools operated by county offices, and juvenile court schools, regardless of whether the local educational agency is participating in the local plan.

This description shall demonstrate that all individuals with exceptional needs shall have access to services and instruction appropriate to meet their needs as specified in their individualized education programs.

(3) An annual assurances support plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least days before the hearing. The annual assurances support plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (

D) and (

E) of paragraph (12) of subdivision (

a) and consistent with subdivision (

f) of

Section and with

Section 56195.9. The annual assurances support plan shall meet the requirements of subdivision (

c) of

Section 56122.

(4) A description of programs for early childhood special education from birth through five years of age.

(5) A description of the method by which members of the public, including parents or guardians of individuals with exceptional needs who are receiving services under the local plan, may address questions or concerns to the governing body or individual identified in subparagraph (

A) of paragraph (12) of subdivision (a).

(6) A description of a dispute resolution process, including mediation and final and binding arbitration to resolve disputes over the distribution of funding, the responsibility for service provision, and the other governance activities specified within the local plan.

(7) Verification that the local plan has been reviewed by the community advisory committee and that the committee had at least days to conduct this review before submission of the local plan to the Superintendent.

(8) A description of the process being utilized to meet the requirements of

Section 56303. (

c) A description of the process being utilized to oversee and evaluate placements in nonpublic schools and the method of ensuring that all requirements of each pupil’s individualized education program are being met. The description shall include a method for evaluating whether the pupil is making appropriate educational progress. (

d) The local plan, budget plan, annual service plan, and annual assurances support plan shall adhere to the guidelines established pursuant to

Section 56122, and shall be written in language that is understandable to the general public.

SEC. 27.

Section of the Education Code is amended to read: 56325. (a)

(1) As required by subclause (

I) of clause (

i) of subparagraph (

C) of paragraph (2) of subsection (

d) of

Section of Title of the United States Code, the following shall apply to special education programs for individuals with exceptional needs who transfer from district to district within the state.

In the case of an individual with exceptional needs who has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which the individual with exceptional needs was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, for a period not to exceed days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law.

(2) In the case of an individual with exceptional needs who has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which the individual with exceptional needs was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with federal and state law. (3) (

A) As required by subclause (II) of clause (

i) of subparagraph (

C) of paragraph (2) of subsection (

d) of

Section of Title of the United States Code, the following shall apply to special education programs for individuals with exceptional needs who transfer from an educational agency located outside the State of California to a district within California.

In the case of an individual with exceptional needs who transfers from district to district within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, until the local educational agency conducts an assessment pursuant to paragraph (1) of subsection (

a) of

Section of Title of the United States Code, if determined to be necessary by the local educational agency, and develops a new individualized education program, if appropriate, that is consistent with federal and state law. (B) (

i) For purposes of subparagraph (A), a local educational agency shall, within days of receipt of official or unofficial records, either adopt and implement the individualized education program previously adopted for the pupil or develop, adopt, and implement a new individualized education program for the pupil that is consistent with federal and state law, if applicable. (ii) For purposes of clause (i), “unofficial records” has the same meaning as described in subdivision (

A) of

Article IV of the Interstate Compact on Educational Opportunity for Military Children, as specified in

Section 49701. (b)

(1) To facilitate the transition for an individual with exceptional needs described in subdivision (a), the new school in which the individual with exceptional needs enrolls shall take reasonable steps to promptly obta