State Codes and Statutes

Statutes > California > Edc > 33300-33319.5

EDUCATION CODE
SECTION 33300-33319.5



33300.  There is in the state government a State Department of
Education. Any reference to the Department of Education shall be
deemed to be a reference to the State Department of Education, unless
the context otherwise requires.


33301.  The Department of Education shall be administered through:
   (a) The State Board of Education which shall be the governing and
policy determining body of the department.
   (b) The Director of Education in whom all executive and
administrative functions of the department are vested and who is the
executive officer of the State Board of Education.



33302.  The Department of Education shall be conducted under the
control of an executive officer known as the Director of Education.



33303.  The Superintendent of Public Instruction is ex officio
Director of Education.



33304.  The provisions of Article 2 (commencing with Section 11180),
Chapter 2, Part 1, Division 3 of Title 2 of the Government Code,
shall govern and apply to the conduct of the Department of Education
in every respect as if such provisions were herein set forth at
length.



33305.  Wherever in Article 2 (commencing with Section 11180),
Chapter 2, Part 1, Division 3 of Title 2 of the Government Code, the
term "head of the department," or similar designation occurs, it
shall, for the purposes of Section 33304, of this code mean the
Director of Education.



33306.  The Department of Education is the successor to, and is
vested with all the duties, powers, purposes, responsibilities, and
jurisdiction of the State Board of Education as they existed on July
30, 1921, of the board of directors of the California School for the
Deaf and the Blind, and of the several officers, deputies, and
employees of such bodies and offices.



33307.  The Department of Education shall be in possession and
control of all records, books, papers, offices, equipment, supplies,
moneys, funds, appropriations, land, and other property, real or
personal, now or hereafter held for the benefit of the bodies,
offices, and officers whose duties, powers, purposes,
responsibilities, and jurisdiction are transferred to and vested in
the Department of Education.



33308.  The Department of Education shall administer and enforce all
laws now or hereafter imposing any duty, power, or function upon any
of the bodies, offices, officers, deputies, or employees transferred
to the Department of Education under the provisions of Section
33306.



33308.1.  The State Department of Education shall adopt guidelines
to be disseminated to parents or guardians of pupils that describe
the procedures that a parent or guardian can follow in filing a
complaint of child abuse, as defined in Section 11165.6 of the Penal
Code, with the school or a child protective services agency against a
school employee or other person that commits an act of child abuse,
as defined in Section 11165.6 of the Penal Code, against a pupil at a
schoolsite.



33308.5.  (a) Program guidelines issued by the State Department of
Education shall be designed to serve as a model or example, and shall
not be prescriptive. Program guidelines issued by the department
shall include written notification that the guidelines are merely
exemplary, and that compliance with the guidelines is not mandatory.
   (b) The Superintendent of Public Instruction shall review all
program guidelines prepared by the State Department of Education
prior to issuance to local education agencies. The superintendent
shall approve the proposed guidelines only if he or she determines
that all of the following conditions are met:
   (1) The guidelines are necessary.
   (2) The department has the authority to issue the guidelines.
   (3) The guidelines are clear and appropriately referenced to, and
consistent with, existing statutes and regulations.



33309.  In addition to the Division of Libraries of the Department
of Education, established by law, the State Board of Education may,
upon recommendation of the Director of Education, establish such
divisions as in the judgment of the board are necessary for the
proper transaction of the business of the department.



33310.  The State Department of Education may sell any educational
materials and directories related to its scope and duties.



33311.  When the Department of Education fixes the price of any
publication, it shall specify the class of persons or institutions
that may receive copies of the publication free of charge.



33312.  Any county, or any school district, in this state may
purchase the publications described in Sections 33309 to 33313,
inclusive, from the Department of Education.



33313.  All moneys received from the sale of materials pursuant to
Section 33310 of the Education Code shall be deposited in the State
Treasury to the credit of the fund against which the cost of printing
the publication was charged.


33314.  The State Board of Education may, upon recommendation of the
Director of Education, establish in the Department of Education a
school library consultant service to assist and advise local school
districts in the establishment, development, and improvement of
school libraries in the elementary and secondary schools of the
state.



33316.  The State Department of Education shall do all of the
following:
   (a) Revise and update budget manuals, forms and guidelines.
   (b) Cooperate with federal and state agencies in prescribing rules
and regulations, and instructions required by those agencies.
   (c) Assess the needs and methods of collecting and disseminating
financial information.
   (d) Conduct workshops and conferences for the purpose of training
school district and county personnel.
   (e) Provide consultant services to colleges and universities on
courses of instruction relative to school budgets and accounting
practices.
   (f) For purposes of Section 44421.5, report to the Commission on
Teacher Credentialing the identity of any certificated person who
knowingly and willfully reports false fiscal expenditure data
relative to the conduct of any educational program. This requirement
applies only if, in the course of his or her normal duties, a
representative of the State Department of Education discovers
information that gives him or her reasonable cause to believe that
false fiscal expenditure data relative to the conduct of any
educational program has been reported.



33317.  The Department of Education shall cooperate with the
Educational Management and Evaluation Commission and shall as
requested by the commission:
   (a) Prepare and compile agenda items and research materials for
the commission.
   (b) Prepare and direct the execution of any provisions of
agreements entered into by the commission for the formulation of a
program budgeting and accounting system.
   (c) Organize pilot projects for testing any program budgeting and
accounting system.
   (d) Recommend any change or revision of law necessary to
effectuate any program budgeting and accounting system.
   (e) Promote any program of budgeting and accounting system through
cooperative working arrangements with interested public and private
agencies and associations.
   (f) Coordinate the budgeting and accounting activities of
interested public and private agencies and associations.




33318.  (a) The Department of Education shall report the test
results of all state-mandated testing programs to the individual
school districts by not later than September 15th following the
testing.
   (b) The district superintendent may publicly report the results of
a state-mandated testing program as they affect the district at the
first regularly scheduled meeting of the governing board of the
district after the statewide results have been presented to the State
Board of Education.



33318.5.  (a) In addition to the dropout rate the department
compiles pursuant to the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.), the department shall compile an attrition
rate for high school pupils in the state pursuant to the formula
specified in subdivision (b).
   (b) The attrition rate is the difference between the number of
pupils who enrolled in grade 9 in a particular year and the number of
pupils who, four years later, receive a diploma of graduation from
high school, divided by the number of pupils who enrolled in grade 9
in the particular year.



33319.  The State Department of Education shall encourage and assist
school districts to improve and monitor the health of their pupils.
The department shall provide guidance and assist school districts to
secure the voluntary assistance of local health professionals,
schools of medicine, schools of public health, schools of nursing,
voluntary health agencies, and other appropriate entities in order to
provide pupil health screening and appropriate medical referrals as
well as to provide valuable health information to pupils and their
parents. The department shall encourage school districts to contact
and cooperate with the State Maternal, Child, and Adolescent Health
Board, with local maternal, child, and adolescent health boards, and
child health and disability prevention programs established pursuant
to Article 6 (commencing with Section 124025) of Chapter 3 of Part 2
of Division 106 of the Health and Safety Code.
   As part of this assistance, the State Department of Education
shall provide information and guidance to schools that request the
information and guidance, to establish "Health Days" in order to
provide screenings for common health problems among pupils as well as
to provide information to pupils and parents on prevention of
illness, proper nutrition, and other aspects of good health. The
Health Days should be organized and staffed by school nurses working
in cooperation with volunteers from schools of medicine, schools of
public health, schools of nursing, voluntary health agencies, health
professionals, local maternal, child, and adolescent health boards,
and other appropriate entities. All medical screenings and services
conducted pursuant to this section shall be conducted in accordance
with Chapter 9 (commencing with Section 49400) of Part 27.



33319.3.  The State Department of Education shall prepare materials
on driver attitude and motivation that focus on the reduction of
driving violations with particular emphasis on aggressive driving
behavior and behavior commonly known as "road rage" and shall make
these materials available to school districts to use in connection
with programs of automobile driving education, at the option of the
school district.



33319.5.  The State Department of Education may encourage among
school districts, county boards of education, and county
superintendents of schools the implementation of the authority
granted to those agencies by Section 35160, including the rendering
to those agencies, upon request, advisory opinions on whether a
program, activity, or course of action is authorized by Section
35160. The department may publish and disseminate those opinions.


State Codes and Statutes

Statutes > California > Edc > 33300-33319.5

EDUCATION CODE
SECTION 33300-33319.5



33300.  There is in the state government a State Department of
Education. Any reference to the Department of Education shall be
deemed to be a reference to the State Department of Education, unless
the context otherwise requires.


33301.  The Department of Education shall be administered through:
   (a) The State Board of Education which shall be the governing and
policy determining body of the department.
   (b) The Director of Education in whom all executive and
administrative functions of the department are vested and who is the
executive officer of the State Board of Education.



33302.  The Department of Education shall be conducted under the
control of an executive officer known as the Director of Education.



33303.  The Superintendent of Public Instruction is ex officio
Director of Education.



33304.  The provisions of Article 2 (commencing with Section 11180),
Chapter 2, Part 1, Division 3 of Title 2 of the Government Code,
shall govern and apply to the conduct of the Department of Education
in every respect as if such provisions were herein set forth at
length.



33305.  Wherever in Article 2 (commencing with Section 11180),
Chapter 2, Part 1, Division 3 of Title 2 of the Government Code, the
term "head of the department," or similar designation occurs, it
shall, for the purposes of Section 33304, of this code mean the
Director of Education.



33306.  The Department of Education is the successor to, and is
vested with all the duties, powers, purposes, responsibilities, and
jurisdiction of the State Board of Education as they existed on July
30, 1921, of the board of directors of the California School for the
Deaf and the Blind, and of the several officers, deputies, and
employees of such bodies and offices.



33307.  The Department of Education shall be in possession and
control of all records, books, papers, offices, equipment, supplies,
moneys, funds, appropriations, land, and other property, real or
personal, now or hereafter held for the benefit of the bodies,
offices, and officers whose duties, powers, purposes,
responsibilities, and jurisdiction are transferred to and vested in
the Department of Education.



33308.  The Department of Education shall administer and enforce all
laws now or hereafter imposing any duty, power, or function upon any
of the bodies, offices, officers, deputies, or employees transferred
to the Department of Education under the provisions of Section
33306.



33308.1.  The State Department of Education shall adopt guidelines
to be disseminated to parents or guardians of pupils that describe
the procedures that a parent or guardian can follow in filing a
complaint of child abuse, as defined in Section 11165.6 of the Penal
Code, with the school or a child protective services agency against a
school employee or other person that commits an act of child abuse,
as defined in Section 11165.6 of the Penal Code, against a pupil at a
schoolsite.



33308.5.  (a) Program guidelines issued by the State Department of
Education shall be designed to serve as a model or example, and shall
not be prescriptive. Program guidelines issued by the department
shall include written notification that the guidelines are merely
exemplary, and that compliance with the guidelines is not mandatory.
   (b) The Superintendent of Public Instruction shall review all
program guidelines prepared by the State Department of Education
prior to issuance to local education agencies. The superintendent
shall approve the proposed guidelines only if he or she determines
that all of the following conditions are met:
   (1) The guidelines are necessary.
   (2) The department has the authority to issue the guidelines.
   (3) The guidelines are clear and appropriately referenced to, and
consistent with, existing statutes and regulations.



33309.  In addition to the Division of Libraries of the Department
of Education, established by law, the State Board of Education may,
upon recommendation of the Director of Education, establish such
divisions as in the judgment of the board are necessary for the
proper transaction of the business of the department.



33310.  The State Department of Education may sell any educational
materials and directories related to its scope and duties.



33311.  When the Department of Education fixes the price of any
publication, it shall specify the class of persons or institutions
that may receive copies of the publication free of charge.



33312.  Any county, or any school district, in this state may
purchase the publications described in Sections 33309 to 33313,
inclusive, from the Department of Education.



33313.  All moneys received from the sale of materials pursuant to
Section 33310 of the Education Code shall be deposited in the State
Treasury to the credit of the fund against which the cost of printing
the publication was charged.


33314.  The State Board of Education may, upon recommendation of the
Director of Education, establish in the Department of Education a
school library consultant service to assist and advise local school
districts in the establishment, development, and improvement of
school libraries in the elementary and secondary schools of the
state.



33316.  The State Department of Education shall do all of the
following:
   (a) Revise and update budget manuals, forms and guidelines.
   (b) Cooperate with federal and state agencies in prescribing rules
and regulations, and instructions required by those agencies.
   (c) Assess the needs and methods of collecting and disseminating
financial information.
   (d) Conduct workshops and conferences for the purpose of training
school district and county personnel.
   (e) Provide consultant services to colleges and universities on
courses of instruction relative to school budgets and accounting
practices.
   (f) For purposes of Section 44421.5, report to the Commission on
Teacher Credentialing the identity of any certificated person who
knowingly and willfully reports false fiscal expenditure data
relative to the conduct of any educational program. This requirement
applies only if, in the course of his or her normal duties, a
representative of the State Department of Education discovers
information that gives him or her reasonable cause to believe that
false fiscal expenditure data relative to the conduct of any
educational program has been reported.



33317.  The Department of Education shall cooperate with the
Educational Management and Evaluation Commission and shall as
requested by the commission:
   (a) Prepare and compile agenda items and research materials for
the commission.
   (b) Prepare and direct the execution of any provisions of
agreements entered into by the commission for the formulation of a
program budgeting and accounting system.
   (c) Organize pilot projects for testing any program budgeting and
accounting system.
   (d) Recommend any change or revision of law necessary to
effectuate any program budgeting and accounting system.
   (e) Promote any program of budgeting and accounting system through
cooperative working arrangements with interested public and private
agencies and associations.
   (f) Coordinate the budgeting and accounting activities of
interested public and private agencies and associations.




33318.  (a) The Department of Education shall report the test
results of all state-mandated testing programs to the individual
school districts by not later than September 15th following the
testing.
   (b) The district superintendent may publicly report the results of
a state-mandated testing program as they affect the district at the
first regularly scheduled meeting of the governing board of the
district after the statewide results have been presented to the State
Board of Education.



33318.5.  (a) In addition to the dropout rate the department
compiles pursuant to the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.), the department shall compile an attrition
rate for high school pupils in the state pursuant to the formula
specified in subdivision (b).
   (b) The attrition rate is the difference between the number of
pupils who enrolled in grade 9 in a particular year and the number of
pupils who, four years later, receive a diploma of graduation from
high school, divided by the number of pupils who enrolled in grade 9
in the particular year.



33319.  The State Department of Education shall encourage and assist
school districts to improve and monitor the health of their pupils.
The department shall provide guidance and assist school districts to
secure the voluntary assistance of local health professionals,
schools of medicine, schools of public health, schools of nursing,
voluntary health agencies, and other appropriate entities in order to
provide pupil health screening and appropriate medical referrals as
well as to provide valuable health information to pupils and their
parents. The department shall encourage school districts to contact
and cooperate with the State Maternal, Child, and Adolescent Health
Board, with local maternal, child, and adolescent health boards, and
child health and disability prevention programs established pursuant
to Article 6 (commencing with Section 124025) of Chapter 3 of Part 2
of Division 106 of the Health and Safety Code.
   As part of this assistance, the State Department of Education
shall provide information and guidance to schools that request the
information and guidance, to establish "Health Days" in order to
provide screenings for common health problems among pupils as well as
to provide information to pupils and parents on prevention of
illness, proper nutrition, and other aspects of good health. The
Health Days should be organized and staffed by school nurses working
in cooperation with volunteers from schools of medicine, schools of
public health, schools of nursing, voluntary health agencies, health
professionals, local maternal, child, and adolescent health boards,
and other appropriate entities. All medical screenings and services
conducted pursuant to this section shall be conducted in accordance
with Chapter 9 (commencing with Section 49400) of Part 27.



33319.3.  The State Department of Education shall prepare materials
on driver attitude and motivation that focus on the reduction of
driving violations with particular emphasis on aggressive driving
behavior and behavior commonly known as "road rage" and shall make
these materials available to school districts to use in connection
with programs of automobile driving education, at the option of the
school district.



33319.5.  The State Department of Education may encourage among
school districts, county boards of education, and county
superintendents of schools the implementation of the authority
granted to those agencies by Section 35160, including the rendering
to those agencies, upon request, advisory opinions on whether a
program, activity, or course of action is authorized by Section
35160. The department may publish and disseminate those opinions.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 33300-33319.5

EDUCATION CODE
SECTION 33300-33319.5



33300.  There is in the state government a State Department of
Education. Any reference to the Department of Education shall be
deemed to be a reference to the State Department of Education, unless
the context otherwise requires.


33301.  The Department of Education shall be administered through:
   (a) The State Board of Education which shall be the governing and
policy determining body of the department.
   (b) The Director of Education in whom all executive and
administrative functions of the department are vested and who is the
executive officer of the State Board of Education.



33302.  The Department of Education shall be conducted under the
control of an executive officer known as the Director of Education.



33303.  The Superintendent of Public Instruction is ex officio
Director of Education.



33304.  The provisions of Article 2 (commencing with Section 11180),
Chapter 2, Part 1, Division 3 of Title 2 of the Government Code,
shall govern and apply to the conduct of the Department of Education
in every respect as if such provisions were herein set forth at
length.



33305.  Wherever in Article 2 (commencing with Section 11180),
Chapter 2, Part 1, Division 3 of Title 2 of the Government Code, the
term "head of the department," or similar designation occurs, it
shall, for the purposes of Section 33304, of this code mean the
Director of Education.



33306.  The Department of Education is the successor to, and is
vested with all the duties, powers, purposes, responsibilities, and
jurisdiction of the State Board of Education as they existed on July
30, 1921, of the board of directors of the California School for the
Deaf and the Blind, and of the several officers, deputies, and
employees of such bodies and offices.



33307.  The Department of Education shall be in possession and
control of all records, books, papers, offices, equipment, supplies,
moneys, funds, appropriations, land, and other property, real or
personal, now or hereafter held for the benefit of the bodies,
offices, and officers whose duties, powers, purposes,
responsibilities, and jurisdiction are transferred to and vested in
the Department of Education.



33308.  The Department of Education shall administer and enforce all
laws now or hereafter imposing any duty, power, or function upon any
of the bodies, offices, officers, deputies, or employees transferred
to the Department of Education under the provisions of Section
33306.



33308.1.  The State Department of Education shall adopt guidelines
to be disseminated to parents or guardians of pupils that describe
the procedures that a parent or guardian can follow in filing a
complaint of child abuse, as defined in Section 11165.6 of the Penal
Code, with the school or a child protective services agency against a
school employee or other person that commits an act of child abuse,
as defined in Section 11165.6 of the Penal Code, against a pupil at a
schoolsite.



33308.5.  (a) Program guidelines issued by the State Department of
Education shall be designed to serve as a model or example, and shall
not be prescriptive. Program guidelines issued by the department
shall include written notification that the guidelines are merely
exemplary, and that compliance with the guidelines is not mandatory.
   (b) The Superintendent of Public Instruction shall review all
program guidelines prepared by the State Department of Education
prior to issuance to local education agencies. The superintendent
shall approve the proposed guidelines only if he or she determines
that all of the following conditions are met:
   (1) The guidelines are necessary.
   (2) The department has the authority to issue the guidelines.
   (3) The guidelines are clear and appropriately referenced to, and
consistent with, existing statutes and regulations.



33309.  In addition to the Division of Libraries of the Department
of Education, established by law, the State Board of Education may,
upon recommendation of the Director of Education, establish such
divisions as in the judgment of the board are necessary for the
proper transaction of the business of the department.



33310.  The State Department of Education may sell any educational
materials and directories related to its scope and duties.



33311.  When the Department of Education fixes the price of any
publication, it shall specify the class of persons or institutions
that may receive copies of the publication free of charge.



33312.  Any county, or any school district, in this state may
purchase the publications described in Sections 33309 to 33313,
inclusive, from the Department of Education.



33313.  All moneys received from the sale of materials pursuant to
Section 33310 of the Education Code shall be deposited in the State
Treasury to the credit of the fund against which the cost of printing
the publication was charged.


33314.  The State Board of Education may, upon recommendation of the
Director of Education, establish in the Department of Education a
school library consultant service to assist and advise local school
districts in the establishment, development, and improvement of
school libraries in the elementary and secondary schools of the
state.



33316.  The State Department of Education shall do all of the
following:
   (a) Revise and update budget manuals, forms and guidelines.
   (b) Cooperate with federal and state agencies in prescribing rules
and regulations, and instructions required by those agencies.
   (c) Assess the needs and methods of collecting and disseminating
financial information.
   (d) Conduct workshops and conferences for the purpose of training
school district and county personnel.
   (e) Provide consultant services to colleges and universities on
courses of instruction relative to school budgets and accounting
practices.
   (f) For purposes of Section 44421.5, report to the Commission on
Teacher Credentialing the identity of any certificated person who
knowingly and willfully reports false fiscal expenditure data
relative to the conduct of any educational program. This requirement
applies only if, in the course of his or her normal duties, a
representative of the State Department of Education discovers
information that gives him or her reasonable cause to believe that
false fiscal expenditure data relative to the conduct of any
educational program has been reported.



33317.  The Department of Education shall cooperate with the
Educational Management and Evaluation Commission and shall as
requested by the commission:
   (a) Prepare and compile agenda items and research materials for
the commission.
   (b) Prepare and direct the execution of any provisions of
agreements entered into by the commission for the formulation of a
program budgeting and accounting system.
   (c) Organize pilot projects for testing any program budgeting and
accounting system.
   (d) Recommend any change or revision of law necessary to
effectuate any program budgeting and accounting system.
   (e) Promote any program of budgeting and accounting system through
cooperative working arrangements with interested public and private
agencies and associations.
   (f) Coordinate the budgeting and accounting activities of
interested public and private agencies and associations.




33318.  (a) The Department of Education shall report the test
results of all state-mandated testing programs to the individual
school districts by not later than September 15th following the
testing.
   (b) The district superintendent may publicly report the results of
a state-mandated testing program as they affect the district at the
first regularly scheduled meeting of the governing board of the
district after the statewide results have been presented to the State
Board of Education.



33318.5.  (a) In addition to the dropout rate the department
compiles pursuant to the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.), the department shall compile an attrition
rate for high school pupils in the state pursuant to the formula
specified in subdivision (b).
   (b) The attrition rate is the difference between the number of
pupils who enrolled in grade 9 in a particular year and the number of
pupils who, four years later, receive a diploma of graduation from
high school, divided by the number of pupils who enrolled in grade 9
in the particular year.



33319.  The State Department of Education shall encourage and assist
school districts to improve and monitor the health of their pupils.
The department shall provide guidance and assist school districts to
secure the voluntary assistance of local health professionals,
schools of medicine, schools of public health, schools of nursing,
voluntary health agencies, and other appropriate entities in order to
provide pupil health screening and appropriate medical referrals as
well as to provide valuable health information to pupils and their
parents. The department shall encourage school districts to contact
and cooperate with the State Maternal, Child, and Adolescent Health
Board, with local maternal, child, and adolescent health boards, and
child health and disability prevention programs established pursuant
to Article 6 (commencing with Section 124025) of Chapter 3 of Part 2
of Division 106 of the Health and Safety Code.
   As part of this assistance, the State Department of Education
shall provide information and guidance to schools that request the
information and guidance, to establish "Health Days" in order to
provide screenings for common health problems among pupils as well as
to provide information to pupils and parents on prevention of
illness, proper nutrition, and other aspects of good health. The
Health Days should be organized and staffed by school nurses working
in cooperation with volunteers from schools of medicine, schools of
public health, schools of nursing, voluntary health agencies, health
professionals, local maternal, child, and adolescent health boards,
and other appropriate entities. All medical screenings and services
conducted pursuant to this section shall be conducted in accordance
with Chapter 9 (commencing with Section 49400) of Part 27.



33319.3.  The State Department of Education shall prepare materials
on driver attitude and motivation that focus on the reduction of
driving violations with particular emphasis on aggressive driving
behavior and behavior commonly known as "road rage" and shall make
these materials available to school districts to use in connection
with programs of automobile driving education, at the option of the
school district.



33319.5.  The State Department of Education may encourage among
school districts, county boards of education, and county
superintendents of schools the implementation of the authority
granted to those agencies by Section 35160, including the rendering
to those agencies, upon request, advisory opinions on whether a
program, activity, or course of action is authorized by Section
35160. The department may publish and disseminate those opinions.