SECTIONS 54400-54407

54400.  This chapter may be cited as the McAteer Act.54401.  The Legislature finds and declares that because of home,community, environmental and other conditions which give rise tolanguage, cultural and economic disadvantages, the latent talents ofmany minors in the elementary and secondary schools in the stateremain undiscovered and are not adequately developed by the generaleducational programs afforded by the public school system and privateschools or school systems. It is the intent and purpose of theLegislature to encourage the establishment and development, by localofficers and agencies of the public school system, of programsdirected to identifying those pupils affected by language, cultural,and economic disadvantages who are potentially capable of completingthe regular courses of instruction leading to graduation from thepublic elementary and secondary schools, and by special services,techniques, and activities to stimulating their interest inintellectual and educational attainment. It is further recognized that to combat effectively the evils ofsuch disadvantage a comprehensive, communitywide and statewidecooperative effort will be required together with a marshaling of allpublic and private resources and aids which may be useful in theendeavor. Securing cooperation, unity of action, and theconcentration and effective direction of available outside resourcesand aids, public and private, should be an essential element of theprograms for compensatory education, at both the state and locallevels. The Legislature finds that such special undertakings are essentialto the conservation and development of the cultural, economic andintellectual resources of the state and nation. The provisions ofthis chapter shall be liberally construed to carry out these intentsand purposes. Nothing in this chapter shall be construed to sanction, perpetuateor promote the racial or ethnic segregation of pupils in the publicschools.54402.  For purposes of this chapter, a "disadvantaged minor" is aminor who is potentially academically able but scholasticallyunderachieving, and must compensate for inability to profit from thenormal educational program. He is a minor who: (a) Is three years of age or more, but under 18 years of age andhas not graduated from high school. (b) Is potentially capable of successfully completing a regulareducational program leading to graduation from the elementary orsecondary school in which he is enrolled or required to be enrolled. (c) Is, because of home and community environment, subject to suchlanguage, cultural, economic, and like disadvantages as will makeimprobable his completion of the regular program leading tograduation without special efforts on the part of school authorities,over, above, and, in addition to those involved in providing theregular educational programs, directed to the positive stimulation ofhis potential.54403.  A "program of compensatory education" is an undertaking byany school district maintaining any of grades kindergarten through12, in the form prescribed by Article 2 (commencing with Section54420) of this chapter, which is over, above, and in addition to theregular educational programs of the district, having the purpose ofproviding positive stimulation of the intellectual abilities ofdisadvantaged minors, and which embodies a positive plan for theidentification of such minors. Participation in a program ofcompensatory education under this chapter shall not preclude anindividual's participation in any other potentially beneficialprogram which may be offered in the public school system orotherwise.54404.  Each county superintendent of schools is authorized, uponrequest, to provide consultative and coordination services for theschool districts under his jurisdiction which have establishedprograms of compensatory education under this chapter. Such activityshall be financed through the county school service fund, and shallbe subject to budget review pursuant to Section 14050.54405.  (a) The State Board of Education may establish programs ofthe following types: (1) Establishment of new curricula or modification of existingcurricula in connection with the education and training ofprospective teachers, to incorporate instruction in methods andtechniques developed by competent authorities designed to enableteachers effectively to teach disadvantaged children. (2) Research and consultative work projects undertaken to assiststate and local public school agencies in carrying out theirresponsibilities under this chapter. (3) Independently, or in cooperation with any public or privateagency or organization, engaging in research and developmentundertakings directed to overcoming disadvantage, together withrelated activities involving evaluation, demonstration, anddissemination of findings having to do with programs of compensatoryeducation. (b) It is the intent and aim of the Legislature that theUniversity of California and the California State Universityparticipate to the extent practicable with local public schoolagencies and the State Board of Education in their endeavors underthis chapter. It is recommended that greater attention be devoted inthe training of teachers to their preparation in the techniques andskills required to cope with the problems of disadvantaged childrenat the preschool as well as the elementary and secondary level. TheUniversity of California and the California State University areurged to participate at the local level in the programs beingadministered by the local public school authorities and agencies, andto provide all technical and personnel services practicable.54406.  All compensatory preschool programs operated by schooldistricts, regardless of source of funds, shall be subject to theregulations of the State Board of Education. The State Board ofEducation is authorized to establish standards for all compensatorypreschool programs.54407.  The governing board of a school district, in itsapplication, may request waiver of the provisions of any section orsections of this code for any compensatory education program if suchwaiver is necessary to establish and operate a program for low-incomechildren. The need for a waiver shall be explained and justified inthe application. The Superintendent of Public Instruction, at thediscretion and upon recommendation of the Director of CompensatoryEducation, with the approval of the State Board of Education, maygrant, in whole, or in part, any such request.