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Statutes > California > Edc > 54740-54749.5

EDUCATION CODE
SECTION 54740-54749.5



54740.  This article shall be known and may be cited as the
California School Age Families Education Program (Cal-SAFE).



54741.  The Legislature hereby finds and declares all of the
following:
   (a) Adolescents, due to early pregnancy and childbearing,
experience significant educational losses leading to a lifelong loss
of schooling.
   (b) Although less than a quarter of California's pregnant and
parenting teen mothers use welfare as teenagers, over time they make
up a significant percentage of the AFDC caseload. Half of all
unmarried teen mothers go on welfare within four years of the birth
of their children and 42 percent of all AFDC mothers began families
as teenagers.
   (c) In 1995, there were 123,240 pregnant and parenting mothers age
18 years and younger.
   (d) Approximately one-quarter of teen mothers in California will
experience a second or subsequent birth while in their teen years.
   (e) The number one reason cited by females for dropping out of
school is pregnancy and parenting responsibilities, although existing
school data collection systems do not include the number of pregnant
and parenting pupils enrolled in school nor the number who drop out
of school due to pregnancy and parenting responsibilities.
   (f) Eighty percent of females who become mothers before the age of
18 do not finish high school, and 40 percent of females who give
birth by age 15 do not complete the 8th grade.
   (g) Young women with poor basic skills, regardless of ethnicity,
are five times as likely to become mothers before age 16 as are those
with average basic skills, and young women with poor or fair basic
skills are four times as likely as those with average basic skills to
have more than one child in their teens.
   (h) Teen fathers are at high risk of low educational achievement,
as they are more likely to drop out of school to secure low-paying,
unskilled jobs with little promise of future improvement.
   (i) Children of teenage mothers have a greater chance of
experiencing behavior problems during adolescence, engaging in
delinquent or criminal activities, becoming sexually active at a
young age, and becoming teen parents.
   (j) School-based programs for pregnant and parenting teens and
their children offering a wide range of educational and supportive
services, including child care and transportation, which begin during
pregnancy and continue after childbirth, have been successful in
increasing school enrollment and high school graduation rates, and
reducing the incidence of low birth weight babies and repeat
pregnancies.
   (k) School-based programs targeting pregnant and parenting teens
and their children are often nonexistent or fragmented, have
inequitable program funding, lack comprehensive integrated
school-linked services, lack useful school data, and often have not
been evaluated.



54742.  (a) It is the intent of the Legislature to establish a
comprehensive, continuous, and community linked school-based program
that focuses on youth development and dropout prevention for pregnant
and parenting pupils and on child care and development services for
their children for the purpose of improving results for approximately
60,000 pupils and their children.
   (b) The goals of the program are all of the following:
   (1) A significant number of eligible female and male pupils in
need of targeted supportive services related to school success will
be served.
   (2) Pupils shall have the opportunity to be continuously enrolled
in the Cal-SAFE program through graduation from high school.
   (3) Pupils served who receive program services for one or more
years will earn a high school diploma or its equivalent or
demonstrate progress towards completion of education goals.
   (4) Pupils served who graduate will transition to postsecondary
education, including a technical school, or into the world of work.
   (5) Pupils served and their children will not become welfare
dependent.
   (6) Pupils served will demonstrate effective parenting skills.
   (7) Pupils served will not have a repeat birth or father a repeat
pregnancy before graduating from high school.
   (8) Pregnant pupils served will not have a low birth weight baby.
   (9) Children of enrolled teen parents will receive child care and
development services based upon the assessed developmental and health
needs of each child.
   (10) Children of enrolled teen parents will receive health
screening and immunizations except when the custodial parent annually
provides a written request for an exemption pursuant to Section
49451 and Section 120365 of the Health and Safety Code.
   (11) Children of enrolled teen parents will have enhanced school
readiness, demonstrate progress towards meeting their assessed
developmental goals, or both.
   (c) It is the intent of the Legislature that if there are not
enough resources to serve all eligible pupils, the program shall
target services to pupils who are most in need or to pupils who are
least likely to access services on their own.
   (d) It is the intent of the Legislature that Cal-SAFE programs be
integrated with local Adolescent Family Life programs and Cal-Learn
programs in a manner that avoids duplication of services.



54743.  For the purposes of this chapter, the following definitions
shall apply:
   (a) "Case management" means a process that ensures that the pupil
and child receive identified needed services in an efficient,
supportive, and cost effective manner. The process is interactive,
pupil-centered, culturally appropriate, and goal-oriented.
   (b) "Child care and development program" means developmentally
appropriate learning activities for the children of enrolled teen
parents that are provided when the child's teen parent is, or parents
are, participating in a school-approved activity both during and
outside the schoolday.
   (c) "Intake process" means the interactive process upon entry into
the Cal-SAFE program through which academic and service needs are
inventoried and demographic data are collected.
   (d) "Interventions" means services needed to correct or ameliorate
a pupil's health, psychosocial, educational, vocational, daily
living, or economic problems, which may impede the pupil from
achieving the program goals.
   (e) "Local education agency" means a school district or county
office of education.
   (f) "Support services" means services, as referenced in
subdivision (b) of Section 54746, that will enhance the academic
ability of the enrolled pupil in order for her or him to earn a high
school diploma or its equivalent and for healthy development of their
children.
   (g) "Title IX of the Education Amendments of 1972 Regulations"
refers to federal Public Law 92-318 and the regulations set forth in
Section 106.1 and following of Title 34 of the Code of Federal
Regulations, which prohibit discrimination against pupils, among
other things, because of their pregnant or parenting status.
   (h) "Expectant parent" means a female who is pregnant or a male
who voluntarily identifies himself as the parent of an unborn child,
and who meets eligibility criteria specified in Section 54747.



54744.  (a) It is the intent of the Legislature that communities
implementing new programs or initiatives connect with existing
program strategies and build upon existing local collaboratives, when
possible, to provide a unified integrated system of service for
children and families.
   (b) No application for participation in the Cal-SAFE program is
complete unless each county superintendent of schools, in conjunction
with superintendents of school districts, the Adolescent Family Life
Program, the Cal-Learn program, the local child care and development
planning council as defined by Section 8499.5, and, as appropriate,
other existing organizations such as Healthy Start and local job
training councils, have developed a county service coordination plan
for providing educational and related support services to pregnant
and parenting teens and their children.
   (c) The county service coordination plan shall include, at a
minimum, all of the following information:
   (1) Incidence of live births to teen mothers by a method to be
determined by the State Department of Education.
   (2) Incidence of pregnant and parenting pupils receiving welfare
aid by a method to be determined by the State Department of
Education.
   (3) Incidence of low birth weight children born to teen mothers by
a method to be determined by the State Department of Education.
   (4) Educational alternatives for pregnant and parenting teens.
   (5) Child care and development resources for the children of teen
parents.
   (6) Public and private resources providing support services
necessary for pregnant and parenting teens to achieve academically.
   (7) Gaps and overlaps in educational and support services for
pregnant and parenting pupils and their children.
   (8) Proposed strategies to address identified gaps and overlaps in
services.
   (d) The county service coordination plan shall be submitted to the
State Department of Education no later than June 1, 2000.
   (e) If the county service coordination plan is not submitted to
the State Department of Education by June 1, 2000, a local education
agency may only operate a Cal-SAFE program on an interim basis until
January 1, 2001.
   (f) The county superintendent of schools, in conjunction with
superintendents of school districts, the Adolescent Family Life
Program, the Cal-Learn program, the local child care and development
planning council as defined by Section 8499.5, and, as appropriate,
other existing organizations such as Healthy Start and local job
training councils, shall annually review the county service
coordination plan, update the plan as needed, disseminate the revised
plan to superintendents of school districts within its jurisdiction,
and submit a copy of the revised plan to the State Department of
Education.


54745.  (a) In the administration of the Cal-SAFE program, the
following provisions apply:
   (1) Participation by a school district or county superintendent of
schools in the Cal-SAFE program is voluntary.
   (2) The governing board of a school district or county
superintendent of schools may submit an application to the State
Department of Education in the manner, form, and by the date
specified by the department to establish and maintain a Cal-SAFE
program.
   (3) A school district or county superintendent of schools approved
to implement the Cal-SAFE program shall be funded as one program to
be operated at one or multiple sites depending upon the need within
the service area.
   (4) Notwithstanding any other law, a school district or county
superintendent of schools operating, by October 1, 1999, a School Age
Parent and Infant Development Program pursuant to Article 17
(commencing with Section 8390) of Chapter 2 of Part 6, a Pregnant
Minors Program pursuant to Chapter 6 (commencing with Section 8900)
of Part 6 and Section 2551.3, or a Pregnant and Lactating Students
Program pursuant to Sections 49553 and 49559, as those provisions
existed prior to January 1, 1999, or any combination thereof, that
chooses to participate in the Cal-SAFE program shall have priority
for Cal-SAFE program funding for an amount up to the dollar amount
provided to each school district or county superintendent of schools
under those provisions in the fiscal year prior to participation in
the Cal-SAFE program, provided that an application is submitted and
approved.
   (5) If a school district or county superintendent of schools
operating a School Age Parent and Infant Development Program, a
Pregnant Minors Program, or a Pregnant and Lactating Students
Program, or any combination thereof, chooses not to participate in
the Cal-SAFE program, it is the intent of the Legislature that the
funding it would have received for the operation of those programs
shall be redirected to the Cal-SAFE program and the school district
or county superintendent of schools may apply in a subsequent school
year to operate a Cal-SAFE program.
   (6) A school district or county superintendent of schools that
terminates its Cal-SAFE program may reapply to establish a Cal-SAFE
program.
   (7) In order to continue implementation of the Cal-SAFE program
beyond the initial three years of funding, each funded agency shall
be reviewed by the department to determine progress towards achieving
the goals set forth in Section 54742. Thereafter, funded agencies
shall be reviewed and reauthorized every five years based upon a
process determined by the department to continue implementation of a
Cal-SAFE program.
   (b) All of the following requirements apply to an application for
the Cal-SAFE program:
   (1) The governing board of a participating local education agency
shall adopt a policy or resolution declaring its commitment to
provide a comprehensive, continuous, community-linked program for
expectant and parenting pupils and their children that reflects the
cultural and linguistic diversity of the community.
   (2) The local education agency shall provide assurance for
participation in the development of the County Service Coordination
Plan as described in Section 54744.
   (3) A school district or county superintendent of schools shall
agree to participate in the data collection and evaluation of the
Cal-SAFE program.
   (c) To implement a Cal-SAFE program, the funded school district,
or county superintendent of schools shall meet all of the following
criteria:
   (1) Be in compliance with the regulations adopted pursuant to
Title IX of the Education Amendments of 1972.
   (2) Ensure that enrolled pupils retain their right to participate
in any comprehensive school or educational alternative programs in
which they could otherwise enroll. School placement and instructional
strategies shall be based upon the needs and styles of learning of
the individual pupils. The classroom setting shall be the preferred
instructional strategy unless an alternative is necessary to meet the
needs of the individual parent, child, or both.
   (3) Enroll pupils into the Cal-SAFE program on an open entry and
open exit basis.
   (4) Provide a quality education program to pupils in a supportive
and accommodating learning environment with appropriate classroom
strategies to ensure school access and academic credit for all work
completed.
   (5) Provide parenting education and life skills instruction to
enrolled pupils.
   (6) Make maximum utilization of available programs and facilities
to serve expectant and parenting pupils and their children.
   (7) Provide a quality child care and development program for the
children of enrolled teen parents located on or near the schoolsite.
   (8) Make maximum utilization of its local school food service
program.
   (9) Provide special school nutrition supplements, as defined by
subdivision (b) of Section 49553, to pregnant and lactating pupils.
   (10) Enter into formal partnership agreements, as necessary, with
community-based organizations and other governmental agencies to
assist pupils in accessing support services or to provide child care
and development services.
   (11) Provide staff development and community outreach in order to
establish a positive learning environment and school policies
supportive of expectant and parenting pupils' academic achievement
and to promote the healthy development of their children.
   (12) Maintain an annual program budget and expenditure report to
document that funds are expended pursuant to Section 54749.
   (13) Assess no fees to enrolled pupils or their families for
services provided through the Cal-SAFE program.
   (14) Establish and maintain a database in the manner and form
prescribed by the State Department of Education for purposes of
program evaluation.
   (15) Coordinate to the maximum extent possible with Cal-Learn
program case managers provided pursuant to Section 11332.5 of the
Welfare and Institutions Code and Adolescent Family Life Program case
managers provided pursuant to Article 1 (commencing with Section
124175) of Chapter 4 of Part 2 of Division 106 of the Health and
Safety Code.


54746.  (a) In meeting the goals of the program and responding to
the individual needs and differences of pupils and their children to
be served, the funded agency shall complete an intake procedure
regarding each pupil and child upon entry into the program and
periodically as needed thereafter.
   (b) Based upon the information provided during the intake
procedure pursuant to subdivision (a), the funded agency shall
determine appropriate levels and types of services to be provided.
These services may not duplicate services currently provided to the
pupil by a local Adolescent Family Life Program or Cal-Learn program.
In addition to an academic program that meets district standards,
necessary support services for pupils shall be funded by the
calculation pursuant to paragraph (1) of subdivision (a) of Section
54749. Allowable expenditures for support services are as follows:
   (1) Parenting education and life skills instruction.
   (2) Perinatal education and care, including childbirth
preparation.
   (3) Safe home-to-school transportation.
   (4) Case management services.
   (5) Comprehensive health education, including reproductive health
care.
   (6) Nutrition education, counseling, and meal supplements.
   (7) School safety and violence prevention strategies targeted to
expectant and parenting teens and their children.
   (8) Academic support and youth development services, such as
tutoring, mentoring, and community service internships.
   (9) Career counseling, preemployment skills, and job training.
   (10) Substance abuse prevention education, counseling, and
treatment services.
   (11) Mental health assessment, interventions, and referrals.
   (12) Crisis intervention counseling services, including suicide
prevention.
   (13) Peer support groups and counseling.
   (14) Family support and development services, including individual
and family counseling.
   (15) Child and domestic abuse prevention education, counseling,
and services.
   (16) Enrichment and recreational activities, as appropriate.
   (17) Services that facilitate transition to postsecondary
education, training, or employment.
   (18) Support services for grandparents, siblings, and fathers of
babies who are not enrolled in the Cal-SAFE program.
   (19) Outreach activities to identify eligible pupils and to
educate the community about the realities of teen pregnancy and
parenting.
   (c) The funded agency shall provide child care and development
program services located on or near the schoolsite for the children
of teen parents enrolled in the Cal-SAFE program. Program services
shall be funded by the revenue generated pursuant to paragraph (4) of
subdivision (a) of Section 54749.
   (1) Participation in the child care and development component of
the Cal-SAFE program shall be voluntary.
   (2) There is no minimum age for enrollment, but the child shall be
eligible for enrollment in the child care and development component
until the age of five years or the child is enrolled in kindergarten,
whichever occurs first, as long as the teen parent is enrolled in
the Cal-SAFE program.
   (3) Each child shall have a health evaluation form signed by a
physician, or his or her designee, before the child is allowed on the
school campus or is enrolled in the child care and development
program. Health screening and immunizations shall not be required
when the custodial parent annually files a written request as
provided for in Section 49451 and Section 120365 of the Health and
Safety Code.
   (4) A developmental profile shall be maintained for each infant,
toddler, and child. This development profile shall be utilized by the
program staff to design a program that meets the infant's, toddler'
s, or child's developmental needs.
   (5) The arrangement of the child care site environment shall be
safe, healthy, and comfortable for children and staff, easily
maintained, and appropriate for meeting the developmental needs of
the individual child. Child care sites shall meet the health and
safety requirements specified in Chapter 1 (commencing with Section
101151) of, and Subchapter 2 (commencing with Section 101351) of,
Division 12 of Title 22 of the California Code of Regulations.
   (6) The child care and development component of the Cal-SAFE
program shall operate pursuant to applicable sections of Chapter 2
(commencing with Section 8200) of Part 6. In addition to meeting the
requirements of Section 8360, teachers shall have at least three
semester units, or the equivalent number of quarter units, of
coursework related to the care of infants and toddlers.
   (7) The child care site shall be available as a laboratory for
parenting or related courses that are offered by the funded agency
with priority given to pupils enrolled in the Cal-SAFE program.
   (d) In-service training for school staff on teen pregnancy and
parenting-related issues may be funded from revenue generated
pursuant to paragraphs (1) and (4) of subdivision (a) of Section
54749. However, use of these funds for this purpose shall supplement
and, not supplant, existing resources in these areas.
   (e) The database required pursuant to paragraph (14) of
subdivision (c) of Section 54745 may be funded from revenue
appropriated for purposes of subdivision (a) of Section 54749.




54746.5.  (a) Local education agencies that are applying to operate
a Cal-SAFE program pursuant to Section 54749 but which are not in
full compliance may submit a timeline and a corrective action plan
for approval by the Superintendent of Public Instruction on a
case-by-case basis to extend, to no later than June 30, 2002, a
waiver from implementation of the child care and development
requirements set forth in paragraph (7) of subdivision (c) of Section
54745 and in subdivision (c) of Section 54746.
   (b) Local education agencies that are applying to operate a
Cal-SAFE program pursuant to Section 2551.3 but are not in full
compliance may submit a timeline and a corrective action plan for
approval by the Superintendent of Public Instruction on a
case-by-case basis to extend, to no later than June 30, 2002, a
waiver from implementation of the child care and development physical
environment requirements pursuant to paragraph (5) of subdivision
(c) of Section 54746, and as set forth in subdivision (d) of Section
101238 of, Section 101238.2 of, subdivision (a) of Section 101238.3
of, subdivisions (b) and (c) of Section 101238.4 of, subdivisions
(e), (h), and (j) of Section 101239 of, and paragraph (2) of
subdivision (a) of Section 101239.2 of, Title 22 of the California
Code of Regulations.
   (c) If the Superintendent of Public Instruction finds that a local
education agency that has submitted a timeline and a corrective
action plan pursuant to this section has not complied with all
provisions of the corrective action plan as approved by the
Superintendent of Public Instruction, the local education agency
shall be ineligible for any funding pursuant to Section 2551.3 after
the date of mailing of the written notification of noncompliance to
the local education agency.
   (d) For teachers in Cal-SAFE child care programs operated pursuant
to Section 54749, the Superintendent of Public Instruction may waive
the qualification requirements of paragraph (6) of subdivision (c)
of Section 54746 for the 2001-02 fiscal year if the superintendent
determines that the existence of compelling need is appropriately
documented and the applicant is making satisfactory progress toward
securing a permit issued by the Commission on Teacher Credentialing.
   (e) For teachers in Cal-SAFE child care programs operated pursuant
to Section 2551.3, the Superintendent of Public Instruction may
waive the qualification requirements of paragraph (6) of subdivision
(c) of Section 54746 until June 30, 2002, if the superintendent
determines that the existence of compelling need is appropriately
documented and the applicant is making satisfactory progress toward
securing a permit issued by the Commission of Teacher Credentialing.




54747.  (a) A male or female pupil, 18 years of age or younger, may
enroll in the Cal-SAFE program and be eligible for all services
afforded to pupils enrolled if he or she is an expectant parent, the
custodial parent, or the noncustodial parent taking an active role in
the care and supervision of the child, and has not earned a high
school diploma or its equivalent.
   (b) A pupil who is an expectant parent, custodial parent, or
noncustodial parent taking an active role in the care and supervision
of his or her child, has not earned a high school diploma or its
equivalent, and has an active special education Individualized
Education Plan (IEP) shall be eligible as long as she or he has an
active IEP and meets the eligibility criteria as specified in
paragraph (4) of subdivision (c) of Section 56026, and shall continue
to receive services identified in the IEP while enrolled in the
Cal-SAFE program.
   (c) Pupils shall be eligible for enrollment on a voluntary basis
for as long as they meet eligibility criteria specified in
subdivisions (a) and (b) until they earn a high school diploma or its
equivalent.
   (d) A pupil may not be denied initial or continuous enrollment in
the Cal-SAFE program for any of the following reasons:
   (1) The pupil has had multiple pregnancies.
   (2) The pupil has more than one child.
   (3) The pupil's eligibility status changed from expectant to
parenting.
   (e) If an enrolled 18-year-old pupil reaches age 19 without
earning a high school diploma or its equivalent, the pupil may be
enrolled for one additional semester if the pupil has been
continuously enrolled in the Cal-SAFE program since before his or her
19th birthday.
   (f) Pupils receiving services under Article 3.5 (commencing with
Section 11331) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions Code are eligible for services under this chapter.
Child care provided under this article shall be the primary source of
child care for these recipients when participating in a Cal-SAFE
program operated by school districts or county superintendents of
schools.



54748.  The duties of the State Department of Education include all
of the following:
   (a) Provision of technical assistance, focused upon transition
into the Cal-SAFE program, to school districts and county
superintendents of schools currently operating a School Age Parent
and Infant Development Program, a Pregnant Minors Program, or a
Pregnant and Lactating Students Program, or any combination thereof.
   (b) Provision of technical assistance to school districts and
county superintendents of schools that do not currently operate a
School Age Parent and Infant Development Program, a Pregnant Minors
Program, or a Pregnant and Lactating Students Program as defined by
subdivision (a) of Section 54745.
   (c) Identification and sharing of information on best practices
across program sites.
   (d) Development of benchmarks to determine to what degree pupils
and children enrolled in the Cal-SAFE program attain the program
goals.
   (e) Consultation with local education agency representatives and
others, as appropriate, to develop strategies for implementation of
the Cal-SAFE program.
   (f) Determination of areas in the state where there are pupils who
are most in need or pupils who are least likely to access services
on their own if there are not enough resources to serve all eligible
pupils.
   (g) Development of an application process and approval of local
education agencies to implement a Cal-SAFE program.
   (h) Development of operating guidelines for implementing an
effective Cal-SAFE program.
   (i) Development of guidelines for fiscal reporting.
   (j) Coordination with other state agencies that administer teen
pregnancy prevention and intervention programs.
   (k) Development of procedures to conduct program evaluation and
monitoring, as appropriate.
   (l) Commencing March 1, 2005, and every five years thereafter,
preparation and submission of a report to the Joint Legislative
Budget Committee and appropriate policy and fiscal committees of the
Legislature. The report shall include data, analysis of data, and an
evaluation of the Cal-SAFE program.



54749.  (a) For the 2000-01 fiscal year and each fiscal year
thereafter, a school district or county superintendent of schools
participating in Cal-SAFE is eligible for state funding from funds
appropriated for services provided for the purposes of the program as
follows:
   (1) A support services allowance of two thousand two hundred
thirty-seven dollars ($2,237) for each unit of average daily
attendance generated by each pupil who has completed the intake
process pursuant to subdivision (a) of Section 54746 and is receiving
services pursuant to subdivision (b) of Section 54746. This
allowance shall be adjusted annually by the inflation factor set
forth in subdivision (b) of Section 42238.1. In no event shall more
than one support service allowance be generated by any pupil
concurrently enrolled in more than one educational program.
   (A) A support services allowance may not be claimed for units of
average daily attendance reported pursuant to the following:
   (i) Subdivision (b) of Section 1982 for pupils attending county
community schools operated pursuant to Chapter 6.5 of Part 2
(commencing with Section 1980).
   (ii) Pupils attending juvenile court schools operated pursuant to
Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27.
   (iii) Pupils attending community day schools operated pursuant to
Article 3 (commencing with Section 48660) of Chapter 4 of Part 27.
   (iv) Pupils attending a county operated Cal-SAFE program pursuant
to this article whose attendance is reported pursuant to Section
2551.3.
   (B) A support services allowance may not be used to supplant
average daily attendance and revenue limit funding provided pursuant
to paragraph (2) for the support of educational programs that
Cal-SAFE program pupils attend.
   (2) Average daily attendance and revenue limit funding for pupils
receiving services in the Cal-SAFE program shall be computed pursuant
to provisions and regulations applicable to the educational program
or programs that each pupil attends, except as provided in paragraph
(3).
   (3) For attendance not claimed pursuant to paragraph (2), a county
office of education may claim the statewide average revenue limit
per unit of average daily attendance for high school districts,
payable from Section A of the State School Fund, for the attendance
of pupils receiving services in the Cal-SAFE program, provided that
no other revenue limit funding is claimed for the same pupil and
pupil attendance of no less than 240 minutes per day and is computed
and maintained pursuant to Section 46300.
   (4) Except as provided in subdivision (c) of Section 54749.5,
operators of Cal-SAFE programs shall be reimbursed in accordance with
the amount specified in subdivision (b) of Section 8265 and the
amounts specified in subdivisions (a) and (b) of Section 8265.5 for
each child receiving services pursuant to the Cal-SAFE program who is
the child of teen parents enrolled in the Cal-SAFE program. To be
eligible for funding pursuant to this paragraph, the operational days
of child care and development programs are only those necessary to
provide child care services to children of pupils participating in
Cal-SAFE.
   (5) Notwithstanding paragraph (1), pupils for whom attendance is
reported pursuant to subdivision (b) of Section 1982, pupils
attending juvenile court schools, and pupils attending community day
schools may complete the intake process for the Cal-SAFE program and,
if the intake process is completed, shall receive services pursuant
to subdivision (b) of Section 54746. The children of pupils receiving
services in the Cal-SAFE program pursuant to subdivision (b) of
Section 54746 and attending juvenile court schools, county community
schools, or community day schools are eligible for funding pursuant
to paragraph (4) and no other provisions of this section.
   (b) Funds allocated pursuant to paragraph (1) of subdivision (a)
shall be accounted for separately and shall be expended only to
provide the supportive services enumerated in subdivision (b) of
Section 54746, to provide in-service training as specified in
subdivision (d) of Section 54746, and for the expenditures enumerated
in subdivision (d) of this section.
   (c) Funds allocated pursuant to paragraph (4) of subdivision (a)
shall be accounted for separately and shall be expended only to
provide developmentally appropriate child care and development
services pursuant to subdivision (c) of Section 54746 and staff
development of child development program staff pursuant to
subdivision (d) of Section 54746 for children of teen parents
enrolled in the Cal-SAFE program for the purpose of promoting the
children's development comparable to age norms, access to health and
preventive services, and enhanced school readiness.
   (d) Funds generated pursuant to Section 2551.3, subdivision (b) of
Section 54749.5, and this section shall be accounted for separately
and shall be expended only to provide the services enumerated in
Section 54746 and the following expenditures as defined by the
California State School Accounting Manual:
   (1) Expenditures defined as direct costs of instructional
programs.
   (2) Expenditures defined as documented direct support costs.
   (3) Expenditures defined as allocated direct support costs.
   (4) Expenditures for indirect charges.
   (5) Expenditures defined as facility costs, including the costs of
renting, leasing, lease-purchase, remodeling, or improving
buildings.
   (e) Indirect costs may not exceed the lesser of the approved
indirect cost rate or 10 percent.
   (f) Expenditures that represent contract payments to
community-based organizations and other governmental agencies
pursuant to paragraph (10) of subdivision (b) of Section 54745 for
the operation of a Cal-SAFE program shall be included in the Cal-SAFE
program account.
   (g) To the extent permitted by federal law, any funding made
available to a school district or county superintendent of schools is
subject to all of the following conditions:
   (1) The program is open to all eligible pupils without regard to
any pupil's religious beliefs or any other factor related to
religion.
   (2) No religious instruction is included in the program.
   (3) The space where the program is operated is not used in any
manner to foster religion during the time used for operation of the
program.
   (h) A school district or county superintendent of schools
implementing a Cal-SAFE program may establish a claims process to
recover federal funds available for any services provided that are
Medi-Cal eligible.
   (i) For purposes of serving pupils enrolled in the Cal-SAFE
program in a summer school program or enrolled in a school program
operating more than 180 days, eligibility for child care services
pursuant to subdivision (c) of Section 54746 shall be determined by
the parent's hours of enrollment and shall be for only those hours
necessary to further the completion of the parent's educational
program.
   (j) To meet startup costs for the opening of child care and
development sites, as defined in subdivision (ab) of Section 8208,
and applicable regulations, a school district or county office of
education may apply for a one-time 15-percent service level exemption
within the amount appropriated in the annual Budget Act for the
purposes of paragraph (4) of subdivision (a) for each site meeting
the criteria set forth in subdivision (ab) of Section 8208. To the
extent that Budget Act funding is insufficient to cover the full
costs of Cal-SAFE child care, reimbursements to all participating
programs shall be reduced on a pro rata basis. A school district or
county office of education shall submit claims pursuant to this
subdivision with other claims submitted pursuant to this section.
Funding provided for startup costs shall be utilized for approvable
startup costs enumerated in subdivision (a) of Section 8275.
   (k) To meet costs for the renovation, repair, or improvement of an
existing building to make the building suitable for licensure for
child care and development services and for the purchase of new
relocatable child care facilities for lease to school districts and
contracting agencies that provide child care and development
services, a school district or county office of education that
provides child care pursuant to this article may apply for and
receive funding pursuant to Section 8278.3.
   (l) Notwithstanding any other provision of this article, the
implementation of this article is contingent upon appropriations in
the annual Budget Act for the purpose of its administration and
evaluation by the department.
   (m) Notwithstanding any other law, a charter school may apply for
funding pursuant to this article and shall meet the requirements of
this article to be eligible for funding pursuant to this section.



54749.5.  (a) County superintendents who operated pregnant minors
programs in the 1979-80 fiscal year, or commenced operation during
the 1996-97 fiscal year, shall continue to operate pregnant minors
programs in the 1980-81 fiscal year, or the 1997-98 fiscal year, as
appropriate, and each fiscal year thereafter, and school districts
that increased their revenue limit in the 1981-82 fiscal year
pursuant to subdivision (d) of Section 42241 shall continue to
operate pregnant minors programs in subsequent fiscal years, unless
the program is transferred to another local education agency, or
unless the county superintendent or district superintendent
demonstrates that programs and services for pregnant minors, such as
continuation school, home instruction, or independent instruction,
are available from other local education agencies in the county,
pursuant to rules and regulations adopted by the Superintendent of
Public Instruction.
   (b) Pregnant minors programs that continue to operate pursuant to
subdivision (a) and that continue to operate as Cal-SAFE programs may
continue to claim funding pursuant to Section 2551.3 for an amount
of average daily attendance up to the amount certified at the 1998-99
annual apportionment for that program. Programs continuing under
this section may enroll pupils above the level of average daily
attendance certified at the 1998-99 annual apportionment, and that
additional average daily attendance shall be eligible for funding
pursuant to Section 54749 and provisions that apply to the
educational program that the pupil attends.
   (c) County offices of education that choose to retain their
pregnant minor program revenue limit rather than convert to the
Cal-SAFE revenue limit shall provide child care services from funds
provided in their pregnant minor program revenue limit pursuant to
Section 2551.3 for children of pupils comprising base year average
daily attendance as certified at the 1998-99 annual apportionment.
Growth funding for child care shall be equal to the proportionate
share of child care funding for the specific agency's program,
determined by dividing the certified growth in pupil average daily
attendance by the total certified average daily attendance.
   (d) Nothing in this section shall be construed as allowing a
county superintendent to receive funding pursuant to Sections 2551.3
and 54749 for the same average daily attendance, or for average daily
attendance generated by the same pupil on the same calendar day.


State Codes and Statutes

Statutes > California > Edc > 54740-54749.5

EDUCATION CODE
SECTION 54740-54749.5



54740.  This article shall be known and may be cited as the
California School Age Families Education Program (Cal-SAFE).



54741.  The Legislature hereby finds and declares all of the
following:
   (a) Adolescents, due to early pregnancy and childbearing,
experience significant educational losses leading to a lifelong loss
of schooling.
   (b) Although less than a quarter of California's pregnant and
parenting teen mothers use welfare as teenagers, over time they make
up a significant percentage of the AFDC caseload. Half of all
unmarried teen mothers go on welfare within four years of the birth
of their children and 42 percent of all AFDC mothers began families
as teenagers.
   (c) In 1995, there were 123,240 pregnant and parenting mothers age
18 years and younger.
   (d) Approximately one-quarter of teen mothers in California will
experience a second or subsequent birth while in their teen years.
   (e) The number one reason cited by females for dropping out of
school is pregnancy and parenting responsibilities, although existing
school data collection systems do not include the number of pregnant
and parenting pupils enrolled in school nor the number who drop out
of school due to pregnancy and parenting responsibilities.
   (f) Eighty percent of females who become mothers before the age of
18 do not finish high school, and 40 percent of females who give
birth by age 15 do not complete the 8th grade.
   (g) Young women with poor basic skills, regardless of ethnicity,
are five times as likely to become mothers before age 16 as are those
with average basic skills, and young women with poor or fair basic
skills are four times as likely as those with average basic skills to
have more than one child in their teens.
   (h) Teen fathers are at high risk of low educational achievement,
as they are more likely to drop out of school to secure low-paying,
unskilled jobs with little promise of future improvement.
   (i) Children of teenage mothers have a greater chance of
experiencing behavior problems during adolescence, engaging in
delinquent or criminal activities, becoming sexually active at a
young age, and becoming teen parents.
   (j) School-based programs for pregnant and parenting teens and
their children offering a wide range of educational and supportive
services, including child care and transportation, which begin during
pregnancy and continue after childbirth, have been successful in
increasing school enrollment and high school graduation rates, and
reducing the incidence of low birth weight babies and repeat
pregnancies.
   (k) School-based programs targeting pregnant and parenting teens
and their children are often nonexistent or fragmented, have
inequitable program funding, lack comprehensive integrated
school-linked services, lack useful school data, and often have not
been evaluated.



54742.  (a) It is the intent of the Legislature to establish a
comprehensive, continuous, and community linked school-based program
that focuses on youth development and dropout prevention for pregnant
and parenting pupils and on child care and development services for
their children for the purpose of improving results for approximately
60,000 pupils and their children.
   (b) The goals of the program are all of the following:
   (1) A significant number of eligible female and male pupils in
need of targeted supportive services related to school success will
be served.
   (2) Pupils shall have the opportunity to be continuously enrolled
in the Cal-SAFE program through graduation from high school.
   (3) Pupils served who receive program services for one or more
years will earn a high school diploma or its equivalent or
demonstrate progress towards completion of education goals.
   (4) Pupils served who graduate will transition to postsecondary
education, including a technical school, or into the world of work.
   (5) Pupils served and their children will not become welfare
dependent.
   (6) Pupils served will demonstrate effective parenting skills.
   (7) Pupils served will not have a repeat birth or father a repeat
pregnancy before graduating from high school.
   (8) Pregnant pupils served will not have a low birth weight baby.
   (9) Children of enrolled teen parents will receive child care and
development services based upon the assessed developmental and health
needs of each child.
   (10) Children of enrolled teen parents will receive health
screening and immunizations except when the custodial parent annually
provides a written request for an exemption pursuant to Section
49451 and Section 120365 of the Health and Safety Code.
   (11) Children of enrolled teen parents will have enhanced school
readiness, demonstrate progress towards meeting their assessed
developmental goals, or both.
   (c) It is the intent of the Legislature that if there are not
enough resources to serve all eligible pupils, the program shall
target services to pupils who are most in need or to pupils who are
least likely to access services on their own.
   (d) It is the intent of the Legislature that Cal-SAFE programs be
integrated with local Adolescent Family Life programs and Cal-Learn
programs in a manner that avoids duplication of services.



54743.  For the purposes of this chapter, the following definitions
shall apply:
   (a) "Case management" means a process that ensures that the pupil
and child receive identified needed services in an efficient,
supportive, and cost effective manner. The process is interactive,
pupil-centered, culturally appropriate, and goal-oriented.
   (b) "Child care and development program" means developmentally
appropriate learning activities for the children of enrolled teen
parents that are provided when the child's teen parent is, or parents
are, participating in a school-approved activity both during and
outside the schoolday.
   (c) "Intake process" means the interactive process upon entry into
the Cal-SAFE program through which academic and service needs are
inventoried and demographic data are collected.
   (d) "Interventions" means services needed to correct or ameliorate
a pupil's health, psychosocial, educational, vocational, daily
living, or economic problems, which may impede the pupil from
achieving the program goals.
   (e) "Local education agency" means a school district or county
office of education.
   (f) "Support services" means services, as referenced in
subdivision (b) of Section 54746, that will enhance the academic
ability of the enrolled pupil in order for her or him to earn a high
school diploma or its equivalent and for healthy development of their
children.
   (g) "Title IX of the Education Amendments of 1972 Regulations"
refers to federal Public Law 92-318 and the regulations set forth in
Section 106.1 and following of Title 34 of the Code of Federal
Regulations, which prohibit discrimination against pupils, among
other things, because of their pregnant or parenting status.
   (h) "Expectant parent" means a female who is pregnant or a male
who voluntarily identifies himself as the parent of an unborn child,
and who meets eligibility criteria specified in Section 54747.



54744.  (a) It is the intent of the Legislature that communities
implementing new programs or initiatives connect with existing
program strategies and build upon existing local collaboratives, when
possible, to provide a unified integrated system of service for
children and families.
   (b) No application for participation in the Cal-SAFE program is
complete unless each county superintendent of schools, in conjunction
with superintendents of school districts, the Adolescent Family Life
Program, the Cal-Learn program, the local child care and development
planning council as defined by Section 8499.5, and, as appropriate,
other existing organizations such as Healthy Start and local job
training councils, have developed a county service coordination plan
for providing educational and related support services to pregnant
and parenting teens and their children.
   (c) The county service coordination plan shall include, at a
minimum, all of the following information:
   (1) Incidence of live births to teen mothers by a method to be
determined by the State Department of Education.
   (2) Incidence of pregnant and parenting pupils receiving welfare
aid by a method to be determined by the State Department of
Education.
   (3) Incidence of low birth weight children born to teen mothers by
a method to be determined by the State Department of Education.
   (4) Educational alternatives for pregnant and parenting teens.
   (5) Child care and development resources for the children of teen
parents.
   (6) Public and private resources providing support services
necessary for pregnant and parenting teens to achieve academically.
   (7) Gaps and overlaps in educational and support services for
pregnant and parenting pupils and their children.
   (8) Proposed strategies to address identified gaps and overlaps in
services.
   (d) The county service coordination plan shall be submitted to the
State Department of Education no later than June 1, 2000.
   (e) If the county service coordination plan is not submitted to
the State Department of Education by June 1, 2000, a local education
agency may only operate a Cal-SAFE program on an interim basis until
January 1, 2001.
   (f) The county superintendent of schools, in conjunction with
superintendents of school districts, the Adolescent Family Life
Program, the Cal-Learn program, the local child care and development
planning council as defined by Section 8499.5, and, as appropriate,
other existing organizations such as Healthy Start and local job
training councils, shall annually review the county service
coordination plan, update the plan as needed, disseminate the revised
plan to superintendents of school districts within its jurisdiction,
and submit a copy of the revised plan to the State Department of
Education.


54745.  (a) In the administration of the Cal-SAFE program, the
following provisions apply:
   (1) Participation by a school district or county superintendent of
schools in the Cal-SAFE program is voluntary.
   (2) The governing board of a school district or county
superintendent of schools may submit an application to the State
Department of Education in the manner, form, and by the date
specified by the department to establish and maintain a Cal-SAFE
program.
   (3) A school district or county superintendent of schools approved
to implement the Cal-SAFE program shall be funded as one program to
be operated at one or multiple sites depending upon the need within
the service area.
   (4) Notwithstanding any other law, a school district or county
superintendent of schools operating, by October 1, 1999, a School Age
Parent and Infant Development Program pursuant to Article 17
(commencing with Section 8390) of Chapter 2 of Part 6, a Pregnant
Minors Program pursuant to Chapter 6 (commencing with Section 8900)
of Part 6 and Section 2551.3, or a Pregnant and Lactating Students
Program pursuant to Sections 49553 and 49559, as those provisions
existed prior to January 1, 1999, or any combination thereof, that
chooses to participate in the Cal-SAFE program shall have priority
for Cal-SAFE program funding for an amount up to the dollar amount
provided to each school district or county superintendent of schools
under those provisions in the fiscal year prior to participation in
the Cal-SAFE program, provided that an application is submitted and
approved.
   (5) If a school district or county superintendent of schools
operating a School Age Parent and Infant Development Program, a
Pregnant Minors Program, or a Pregnant and Lactating Students
Program, or any combination thereof, chooses not to participate in
the Cal-SAFE program, it is the intent of the Legislature that the
funding it would have received for the operation of those programs
shall be redirected to the Cal-SAFE program and the school district
or county superintendent of schools may apply in a subsequent school
year to operate a Cal-SAFE program.
   (6) A school district or county superintendent of schools that
terminates its Cal-SAFE program may reapply to establish a Cal-SAFE
program.
   (7) In order to continue implementation of the Cal-SAFE program
beyond the initial three years of funding, each funded agency shall
be reviewed by the department to determine progress towards achieving
the goals set forth in Section 54742. Thereafter, funded agencies
shall be reviewed and reauthorized every five years based upon a
process determined by the department to continue implementation of a
Cal-SAFE program.
   (b) All of the following requirements apply to an application for
the Cal-SAFE program:
   (1) The governing board of a participating local education agency
shall adopt a policy or resolution declaring its commitment to
provide a comprehensive, continuous, community-linked program for
expectant and parenting pupils and their children that reflects the
cultural and linguistic diversity of the community.
   (2) The local education agency shall provide assurance for
participation in the development of the County Service Coordination
Plan as described in Section 54744.
   (3) A school district or county superintendent of schools shall
agree to participate in the data collection and evaluation of the
Cal-SAFE program.
   (c) To implement a Cal-SAFE program, the funded school district,
or county superintendent of schools shall meet all of the following
criteria:
   (1) Be in compliance with the regulations adopted pursuant to
Title IX of the Education Amendments of 1972.
   (2) Ensure that enrolled pupils retain their right to participate
in any comprehensive school or educational alternative programs in
which they could otherwise enroll. School placement and instructional
strategies shall be based upon the needs and styles of learning of
the individual pupils. The classroom setting shall be the preferred
instructional strategy unless an alternative is necessary to meet the
needs of the individual parent, child, or both.
   (3) Enroll pupils into the Cal-SAFE program on an open entry and
open exit basis.
   (4) Provide a quality education program to pupils in a supportive
and accommodating learning environment with appropriate classroom
strategies to ensure school access and academic credit for all work
completed.
   (5) Provide parenting education and life skills instruction to
enrolled pupils.
   (6) Make maximum utilization of available programs and facilities
to serve expectant and parenting pupils and their children.
   (7) Provide a quality child care and development program for the
children of enrolled teen parents located on or near the schoolsite.
   (8) Make maximum utilization of its local school food service
program.
   (9) Provide special school nutrition supplements, as defined by
subdivision (b) of Section 49553, to pregnant and lactating pupils.
   (10) Enter into formal partnership agreements, as necessary, with
community-based organizations and other governmental agencies to
assist pupils in accessing support services or to provide child care
and development services.
   (11) Provide staff development and community outreach in order to
establish a positive learning environment and school policies
supportive of expectant and parenting pupils' academic achievement
and to promote the healthy development of their children.
   (12) Maintain an annual program budget and expenditure report to
document that funds are expended pursuant to Section 54749.
   (13) Assess no fees to enrolled pupils or their families for
services provided through the Cal-SAFE program.
   (14) Establish and maintain a database in the manner and form
prescribed by the State Department of Education for purposes of
program evaluation.
   (15) Coordinate to the maximum extent possible with Cal-Learn
program case managers provided pursuant to Section 11332.5 of the
Welfare and Institutions Code and Adolescent Family Life Program case
managers provided pursuant to Article 1 (commencing with Section
124175) of Chapter 4 of Part 2 of Division 106 of the Health and
Safety Code.


54746.  (a) In meeting the goals of the program and responding to
the individual needs and differences of pupils and their children to
be served, the funded agency shall complete an intake procedure
regarding each pupil and child upon entry into the program and
periodically as needed thereafter.
   (b) Based upon the information provided during the intake
procedure pursuant to subdivision (a), the funded agency shall
determine appropriate levels and types of services to be provided.
These services may not duplicate services currently provided to the
pupil by a local Adolescent Family Life Program or Cal-Learn program.
In addition to an academic program that meets district standards,
necessary support services for pupils shall be funded by the
calculation pursuant to paragraph (1) of subdivision (a) of Section
54749. Allowable expenditures for support services are as follows:
   (1) Parenting education and life skills instruction.
   (2) Perinatal education and care, including childbirth
preparation.
   (3) Safe home-to-school transportation.
   (4) Case management services.
   (5) Comprehensive health education, including reproductive health
care.
   (6) Nutrition education, counseling, and meal supplements.
   (7) School safety and violence prevention strategies targeted to
expectant and parenting teens and their children.
   (8) Academic support and youth development services, such as
tutoring, mentoring, and community service internships.
   (9) Career counseling, preemployment skills, and job training.
   (10) Substance abuse prevention education, counseling, and
treatment services.
   (11) Mental health assessment, interventions, and referrals.
   (12) Crisis intervention counseling services, including suicide
prevention.
   (13) Peer support groups and counseling.
   (14) Family support and development services, including individual
and family counseling.
   (15) Child and domestic abuse prevention education, counseling,
and services.
   (16) Enrichment and recreational activities, as appropriate.
   (17) Services that facilitate transition to postsecondary
education, training, or employment.
   (18) Support services for grandparents, siblings, and fathers of
babies who are not enrolled in the Cal-SAFE program.
   (19) Outreach activities to identify eligible pupils and to
educate the community about the realities of teen pregnancy and
parenting.
   (c) The funded agency shall provide child care and development
program services located on or near the schoolsite for the children
of teen parents enrolled in the Cal-SAFE program. Program services
shall be funded by the revenue generated pursuant to paragraph (4) of
subdivision (a) of Section 54749.
   (1) Participation in the child care and development component of
the Cal-SAFE program shall be voluntary.
   (2) There is no minimum age for enrollment, but the child shall be
eligible for enrollment in the child care and development component
until the age of five years or the child is enrolled in kindergarten,
whichever occurs first, as long as the teen parent is enrolled in
the Cal-SAFE program.
   (3) Each child shall have a health evaluation form signed by a
physician, or his or her designee, before the child is allowed on the
school campus or is enrolled in the child care and development
program. Health screening and immunizations shall not be required
when the custodial parent annually files a written request as
provided for in Section 49451 and Section 120365 of the Health and
Safety Code.
   (4) A developmental profile shall be maintained for each infant,
toddler, and child. This development profile shall be utilized by the
program staff to design a program that meets the infant's, toddler'
s, or child's developmental needs.
   (5) The arrangement of the child care site environment shall be
safe, healthy, and comfortable for children and staff, easily
maintained, and appropriate for meeting the developmental needs of
the individual child. Child care sites shall meet the health and
safety requirements specified in Chapter 1 (commencing with Section
101151) of, and Subchapter 2 (commencing with Section 101351) of,
Division 12 of Title 22 of the California Code of Regulations.
   (6) The child care and development component of the Cal-SAFE
program shall operate pursuant to applicable sections of Chapter 2
(commencing with Section 8200) of Part 6. In addition to meeting the
requirements of Section 8360, teachers shall have at least three
semester units, or the equivalent number of quarter units, of
coursework related to the care of infants and toddlers.
   (7) The child care site shall be available as a laboratory for
parenting or related courses that are offered by the funded agency
with priority given to pupils enrolled in the Cal-SAFE program.
   (d) In-service training for school staff on teen pregnancy and
parenting-related issues may be funded from revenue generated
pursuant to paragraphs (1) and (4) of subdivision (a) of Section
54749. However, use of these funds for this purpose shall supplement
and, not supplant, existing resources in these areas.
   (e) The database required pursuant to paragraph (14) of
subdivision (c) of Section 54745 may be funded from revenue
appropriated for purposes of subdivision (a) of Section 54749.




54746.5.  (a) Local education agencies that are applying to operate
a Cal-SAFE program pursuant to Section 54749 but which are not in
full compliance may submit a timeline and a corrective action plan
for approval by the Superintendent of Public Instruction on a
case-by-case basis to extend, to no later than June 30, 2002, a
waiver from implementation of the child care and development
requirements set forth in paragraph (7) of subdivision (c) of Section
54745 and in subdivision (c) of Section 54746.
   (b) Local education agencies that are applying to operate a
Cal-SAFE program pursuant to Section 2551.3 but are not in full
compliance may submit a timeline and a corrective action plan for
approval by the Superintendent of Public Instruction on a
case-by-case basis to extend, to no later than June 30, 2002, a
waiver from implementation of the child care and development physical
environment requirements pursuant to paragraph (5) of subdivision
(c) of Section 54746, and as set forth in subdivision (d) of Section
101238 of, Section 101238.2 of, subdivision (a) of Section 101238.3
of, subdivisions (b) and (c) of Section 101238.4 of, subdivisions
(e), (h), and (j) of Section 101239 of, and paragraph (2) of
subdivision (a) of Section 101239.2 of, Title 22 of the California
Code of Regulations.
   (c) If the Superintendent of Public Instruction finds that a local
education agency that has submitted a timeline and a corrective
action plan pursuant to this section has not complied with all
provisions of the corrective action plan as approved by the
Superintendent of Public Instruction, the local education agency
shall be ineligible for any funding pursuant to Section 2551.3 after
the date of mailing of the written notification of noncompliance to
the local education agency.
   (d) For teachers in Cal-SAFE child care programs operated pursuant
to Section 54749, the Superintendent of Public Instruction may waive
the qualification requirements of paragraph (6) of subdivision (c)
of Section 54746 for the 2001-02 fiscal year if the superintendent
determines that the existence of compelling need is appropriately
documented and the applicant is making satisfactory progress toward
securing a permit issued by the Commission on Teacher Credentialing.
   (e) For teachers in Cal-SAFE child care programs operated pursuant
to Section 2551.3, the Superintendent of Public Instruction may
waive the qualification requirements of paragraph (6) of subdivision
(c) of Section 54746 until June 30, 2002, if the superintendent
determines that the existence of compelling need is appropriately
documented and the applicant is making satisfactory progress toward
securing a permit issued by the Commission of Teacher Credentialing.




54747.  (a) A male or female pupil, 18 years of age or younger, may
enroll in the Cal-SAFE program and be eligible for all services
afforded to pupils enrolled if he or she is an expectant parent, the
custodial parent, or the noncustodial parent taking an active role in
the care and supervision of the child, and has not earned a high
school diploma or its equivalent.
   (b) A pupil who is an expectant parent, custodial parent, or
noncustodial parent taking an active role in the care and supervision
of his or her child, has not earned a high school diploma or its
equivalent, and has an active special education Individualized
Education Plan (IEP) shall be eligible as long as she or he has an
active IEP and meets the eligibility criteria as specified in
paragraph (4) of subdivision (c) of Section 56026, and shall continue
to receive services identified in the IEP while enrolled in the
Cal-SAFE program.
   (c) Pupils shall be eligible for enrollment on a voluntary basis
for as long as they meet eligibility criteria specified in
subdivisions (a) and (b) until they earn a high school diploma or its
equivalent.
   (d) A pupil may not be denied initial or continuous enrollment in
the Cal-SAFE program for any of the following reasons:
   (1) The pupil has had multiple pregnancies.
   (2) The pupil has more than one child.
   (3) The pupil's eligibility status changed from expectant to
parenting.
   (e) If an enrolled 18-year-old pupil reaches age 19 without
earning a high school diploma or its equivalent, the pupil may be
enrolled for one additional semester if the pupil has been
continuously enrolled in the Cal-SAFE program since before his or her
19th birthday.
   (f) Pupils receiving services under Article 3.5 (commencing with
Section 11331) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions Code are eligible for services under this chapter.
Child care provided under this article shall be the primary source of
child care for these recipients when participating in a Cal-SAFE
program operated by school districts or county superintendents of
schools.



54748.  The duties of the State Department of Education include all
of the following:
   (a) Provision of technical assistance, focused upon transition
into the Cal-SAFE program, to school districts and county
superintendents of schools currently operating a School Age Parent
and Infant Development Program, a Pregnant Minors Program, or a
Pregnant and Lactating Students Program, or any combination thereof.
   (b) Provision of technical assistance to school districts and
county superintendents of schools that do not currently operate a
School Age Parent and Infant Development Program, a Pregnant Minors
Program, or a Pregnant and Lactating Students Program as defined by
subdivision (a) of Section 54745.
   (c) Identification and sharing of information on best practices
across program sites.
   (d) Development of benchmarks to determine to what degree pupils
and children enrolled in the Cal-SAFE program attain the program
goals.
   (e) Consultation with local education agency representatives and
others, as appropriate, to develop strategies for implementation of
the Cal-SAFE program.
   (f) Determination of areas in the state where there are pupils who
are most in need or pupils who are least likely to access services
on their own if there are not enough resources to serve all eligible
pupils.
   (g) Development of an application process and approval of local
education agencies to implement a Cal-SAFE program.
   (h) Development of operating guidelines for implementing an
effective Cal-SAFE program.
   (i) Development of guidelines for fiscal reporting.
   (j) Coordination with other state agencies that administer teen
pregnancy prevention and intervention programs.
   (k) Development of procedures to conduct program evaluation and
monitoring, as appropriate.
   (l) Commencing March 1, 2005, and every five years thereafter,
preparation and submission of a report to the Joint Legislative
Budget Committee and appropriate policy and fiscal committees of the
Legislature. The report shall include data, analysis of data, and an
evaluation of the Cal-SAFE program.



54749.  (a) For the 2000-01 fiscal year and each fiscal year
thereafter, a school district or county superintendent of schools
participating in Cal-SAFE is eligible for state funding from funds
appropriated for services provided for the purposes of the program as
follows:
   (1) A support services allowance of two thousand two hundred
thirty-seven dollars ($2,237) for each unit of average daily
attendance generated by each pupil who has completed the intake
process pursuant to subdivision (a) of Section 54746 and is receiving
services pursuant to subdivision (b) of Section 54746. This
allowance shall be adjusted annually by the inflation factor set
forth in subdivision (b) of Section 42238.1. In no event shall more
than one support service allowance be generated by any pupil
concurrently enrolled in more than one educational program.
   (A) A support services allowance may not be claimed for units of
average daily attendance reported pursuant to the following:
   (i) Subdivision (b) of Section 1982 for pupils attending county
community schools operated pursuant to Chapter 6.5 of Part 2
(commencing with Section 1980).
   (ii) Pupils attending juvenile court schools operated pursuant to
Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27.
   (iii) Pupils attending community day schools operated pursuant to
Article 3 (commencing with Section 48660) of Chapter 4 of Part 27.
   (iv) Pupils attending a county operated Cal-SAFE program pursuant
to this article whose attendance is reported pursuant to Section
2551.3.
   (B) A support services allowance may not be used to supplant
average daily attendance and revenue limit funding provided pursuant
to paragraph (2) for the support of educational programs that
Cal-SAFE program pupils attend.
   (2) Average daily attendance and revenue limit funding for pupils
receiving services in the Cal-SAFE program shall be computed pursuant
to provisions and regulations applicable to the educational program
or programs that each pupil attends, except as provided in paragraph
(3).
   (3) For attendance not claimed pursuant to paragraph (2), a county
office of education may claim the statewide average revenue limit
per unit of average daily attendance for high school districts,
payable from Section A of the State School Fund, for the attendance
of pupils receiving services in the Cal-SAFE program, provided that
no other revenue limit funding is claimed for the same pupil and
pupil attendance of no less than 240 minutes per day and is computed
and maintained pursuant to Section 46300.
   (4) Except as provided in subdivision (c) of Section 54749.5,
operators of Cal-SAFE programs shall be reimbursed in accordance with
the amount specified in subdivision (b) of Section 8265 and the
amounts specified in subdivisions (a) and (b) of Section 8265.5 for
each child receiving services pursuant to the Cal-SAFE program who is
the child of teen parents enrolled in the Cal-SAFE program. To be
eligible for funding pursuant to this paragraph, the operational days
of child care and development programs are only those necessary to
provide child care services to children of pupils participating in
Cal-SAFE.
   (5) Notwithstanding paragraph (1), pupils for whom attendance is
reported pursuant to subdivision (b) of Section 1982, pupils
attending juvenile court schools, and pupils attending community day
schools may complete the intake process for the Cal-SAFE program and,
if the intake process is completed, shall receive services pursuant
to subdivision (b) of Section 54746. The children of pupils receiving
services in the Cal-SAFE program pursuant to subdivision (b) of
Section 54746 and attending juvenile court schools, county community
schools, or community day schools are eligible for funding pursuant
to paragraph (4) and no other provisions of this section.
   (b) Funds allocated pursuant to paragraph (1) of subdivision (a)
shall be accounted for separately and shall be expended only to
provide the supportive services enumerated in subdivision (b) of
Section 54746, to provide in-service training as specified in
subdivision (d) of Section 54746, and for the expenditures enumerated
in subdivision (d) of this section.
   (c) Funds allocated pursuant to paragraph (4) of subdivision (a)
shall be accounted for separately and shall be expended only to
provide developmentally appropriate child care and development
services pursuant to subdivision (c) of Section 54746 and staff
development of child development program staff pursuant to
subdivision (d) of Section 54746 for children of teen parents
enrolled in the Cal-SAFE program for the purpose of promoting the
children's development comparable to age norms, access to health and
preventive services, and enhanced school readiness.
   (d) Funds generated pursuant to Section 2551.3, subdivision (b) of
Section 54749.5, and this section shall be accounted for separately
and shall be expended only to provide the services enumerated in
Section 54746 and the following expenditures as defined by the
California State School Accounting Manual:
   (1) Expenditures defined as direct costs of instructional
programs.
   (2) Expenditures defined as documented direct support costs.
   (3) Expenditures defined as allocated direct support costs.
   (4) Expenditures for indirect charges.
   (5) Expenditures defined as facility costs, including the costs of
renting, leasing, lease-purchase, remodeling, or improving
buildings.
   (e) Indirect costs may not exceed the lesser of the approved
indirect cost rate or 10 percent.
   (f) Expenditures that represent contract payments to
community-based organizations and other governmental agencies
pursuant to paragraph (10) of subdivision (b) of Section 54745 for
the operation of a Cal-SAFE program shall be included in the Cal-SAFE
program account.
   (g) To the extent permitted by federal law, any funding made
available to a school district or county superintendent of schools is
subject to all of the following conditions:
   (1) The program is open to all eligible pupils without regard to
any pupil's religious beliefs or any other factor related to
religion.
   (2) No religious instruction is included in the program.
   (3) The space where the program is operated is not used in any
manner to foster religion during the time used for operation of the
program.
   (h) A school district or county superintendent of schools
implementing a Cal-SAFE program may establish a claims process to
recover federal funds available for any services provided that are
Medi-Cal eligible.
   (i) For purposes of serving pupils enrolled in the Cal-SAFE
program in a summer school program or enrolled in a school program
operating more than 180 days, eligibility for child care services
pursuant to subdivision (c) of Section 54746 shall be determined by
the parent's hours of enrollment and shall be for only those hours
necessary to further the completion of the parent's educational
program.
   (j) To meet startup costs for the opening of child care and
development sites, as defined in subdivision (ab) of Section 8208,
and applicable regulations, a school district or county office of
education may apply for a one-time 15-percent service level exemption
within the amount appropriated in the annual Budget Act for the
purposes of paragraph (4) of subdivision (a) for each site meeting
the criteria set forth in subdivision (ab) of Section 8208. To the
extent that Budget Act funding is insufficient to cover the full
costs of Cal-SAFE child care, reimbursements to all participating
programs shall be reduced on a pro rata basis. A school district or
county office of education shall submit claims pursuant to this
subdivision with other claims submitted pursuant to this section.
Funding provided for startup costs shall be utilized for approvable
startup costs enumerated in subdivision (a) of Section 8275.
   (k) To meet costs for the renovation, repair, or improvement of an
existing building to make the building suitable for licensure for
child care and development services and for the purchase of new
relocatable child care facilities for lease to school districts and
contracting agencies that provide child care and development
services, a school district or county office of education that
provides child care pursuant to this article may apply for and
receive funding pursuant to Section 8278.3.
   (l) Notwithstanding any other provision of this article, the
implementation of this article is contingent upon appropriations in
the annual Budget Act for the purpose of its administration and
evaluation by the department.
   (m) Notwithstanding any other law, a charter school may apply for
funding pursuant to this article and shall meet the requirements of
this article to be eligible for funding pursuant to this section.



54749.5.  (a) County superintendents who operated pregnant minors
programs in the 1979-80 fiscal year, or commenced operation during
the 1996-97 fiscal year, shall continue to operate pregnant minors
programs in the 1980-81 fiscal year, or the 1997-98 fiscal year, as
appropriate, and each fiscal year thereafter, and school districts
that increased their revenue limit in the 1981-82 fiscal year
pursuant to subdivision (d) of Section 42241 shall continue to
operate pregnant minors programs in subsequent fiscal years, unless
the program is transferred to another local education agency, or
unless the county superintendent or district superintendent
demonstrates that programs and services for pregnant minors, such as
continuation school, home instruction, or independent instruction,
are available from other local education agencies in the county,
pursuant to rules and regulations adopted by the Superintendent of
Public Instruction.
   (b) Pregnant minors programs that continue to operate pursuant to
subdivision (a) and that continue to operate as Cal-SAFE programs may
continue to claim funding pursuant to Section 2551.3 for an amount
of average daily attendance up to the amount certified at the 1998-99
annual apportionment for that program. Programs continuing under
this section may enroll pupils above the level of average daily
attendance certified at the 1998-99 annual apportionment, and that
additional average daily attendance shall be eligible for funding
pursuant to Section 54749 and provisions that apply to the
educational program that the pupil attends.
   (c) County offices of education that choose to retain their
pregnant minor program revenue limit rather than convert to the
Cal-SAFE revenue limit shall provide child care services from funds
provided in their pregnant minor program revenue limit pursuant to
Section 2551.3 for children of pupils comprising base year average
daily attendance as certified at the 1998-99 annual apportionment.
Growth funding for child care shall be equal to the proportionate
share of child care funding for the specific agency's program,
determined by dividing the certified growth in pupil average daily
attendance by the total certified average daily attendance.
   (d) Nothing in this section shall be construed as allowing a
county superintendent to receive funding pursuant to Sections 2551.3
and 54749 for the same average daily attendance, or for average daily
attendance generated by the same pupil on the same calendar day.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 54740-54749.5

EDUCATION CODE
SECTION 54740-54749.5



54740.  This article shall be known and may be cited as the
California School Age Families Education Program (Cal-SAFE).



54741.  The Legislature hereby finds and declares all of the
following:
   (a) Adolescents, due to early pregnancy and childbearing,
experience significant educational losses leading to a lifelong loss
of schooling.
   (b) Although less than a quarter of California's pregnant and
parenting teen mothers use welfare as teenagers, over time they make
up a significant percentage of the AFDC caseload. Half of all
unmarried teen mothers go on welfare within four years of the birth
of their children and 42 percent of all AFDC mothers began families
as teenagers.
   (c) In 1995, there were 123,240 pregnant and parenting mothers age
18 years and younger.
   (d) Approximately one-quarter of teen mothers in California will
experience a second or subsequent birth while in their teen years.
   (e) The number one reason cited by females for dropping out of
school is pregnancy and parenting responsibilities, although existing
school data collection systems do not include the number of pregnant
and parenting pupils enrolled in school nor the number who drop out
of school due to pregnancy and parenting responsibilities.
   (f) Eighty percent of females who become mothers before the age of
18 do not finish high school, and 40 percent of females who give
birth by age 15 do not complete the 8th grade.
   (g) Young women with poor basic skills, regardless of ethnicity,
are five times as likely to become mothers before age 16 as are those
with average basic skills, and young women with poor or fair basic
skills are four times as likely as those with average basic skills to
have more than one child in their teens.
   (h) Teen fathers are at high risk of low educational achievement,
as they are more likely to drop out of school to secure low-paying,
unskilled jobs with little promise of future improvement.
   (i) Children of teenage mothers have a greater chance of
experiencing behavior problems during adolescence, engaging in
delinquent or criminal activities, becoming sexually active at a
young age, and becoming teen parents.
   (j) School-based programs for pregnant and parenting teens and
their children offering a wide range of educational and supportive
services, including child care and transportation, which begin during
pregnancy and continue after childbirth, have been successful in
increasing school enrollment and high school graduation rates, and
reducing the incidence of low birth weight babies and repeat
pregnancies.
   (k) School-based programs targeting pregnant and parenting teens
and their children are often nonexistent or fragmented, have
inequitable program funding, lack comprehensive integrated
school-linked services, lack useful school data, and often have not
been evaluated.



54742.  (a) It is the intent of the Legislature to establish a
comprehensive, continuous, and community linked school-based program
that focuses on youth development and dropout prevention for pregnant
and parenting pupils and on child care and development services for
their children for the purpose of improving results for approximately
60,000 pupils and their children.
   (b) The goals of the program are all of the following:
   (1) A significant number of eligible female and male pupils in
need of targeted supportive services related to school success will
be served.
   (2) Pupils shall have the opportunity to be continuously enrolled
in the Cal-SAFE program through graduation from high school.
   (3) Pupils served who receive program services for one or more
years will earn a high school diploma or its equivalent or
demonstrate progress towards completion of education goals.
   (4) Pupils served who graduate will transition to postsecondary
education, including a technical school, or into the world of work.
   (5) Pupils served and their children will not become welfare
dependent.
   (6) Pupils served will demonstrate effective parenting skills.
   (7) Pupils served will not have a repeat birth or father a repeat
pregnancy before graduating from high school.
   (8) Pregnant pupils served will not have a low birth weight baby.
   (9) Children of enrolled teen parents will receive child care and
development services based upon the assessed developmental and health
needs of each child.
   (10) Children of enrolled teen parents will receive health
screening and immunizations except when the custodial parent annually
provides a written request for an exemption pursuant to Section
49451 and Section 120365 of the Health and Safety Code.
   (11) Children of enrolled teen parents will have enhanced school
readiness, demonstrate progress towards meeting their assessed
developmental goals, or both.
   (c) It is the intent of the Legislature that if there are not
enough resources to serve all eligible pupils, the program shall
target services to pupils who are most in need or to pupils who are
least likely to access services on their own.
   (d) It is the intent of the Legislature that Cal-SAFE programs be
integrated with local Adolescent Family Life programs and Cal-Learn
programs in a manner that avoids duplication of services.



54743.  For the purposes of this chapter, the following definitions
shall apply:
   (a) "Case management" means a process that ensures that the pupil
and child receive identified needed services in an efficient,
supportive, and cost effective manner. The process is interactive,
pupil-centered, culturally appropriate, and goal-oriented.
   (b) "Child care and development program" means developmentally
appropriate learning activities for the children of enrolled teen
parents that are provided when the child's teen parent is, or parents
are, participating in a school-approved activity both during and
outside the schoolday.
   (c) "Intake process" means the interactive process upon entry into
the Cal-SAFE program through which academic and service needs are
inventoried and demographic data are collected.
   (d) "Interventions" means services needed to correct or ameliorate
a pupil's health, psychosocial, educational, vocational, daily
living, or economic problems, which may impede the pupil from
achieving the program goals.
   (e) "Local education agency" means a school district or county
office of education.
   (f) "Support services" means services, as referenced in
subdivision (b) of Section 54746, that will enhance the academic
ability of the enrolled pupil in order for her or him to earn a high
school diploma or its equivalent and for healthy development of their
children.
   (g) "Title IX of the Education Amendments of 1972 Regulations"
refers to federal Public Law 92-318 and the regulations set forth in
Section 106.1 and following of Title 34 of the Code of Federal
Regulations, which prohibit discrimination against pupils, among
other things, because of their pregnant or parenting status.
   (h) "Expectant parent" means a female who is pregnant or a male
who voluntarily identifies himself as the parent of an unborn child,
and who meets eligibility criteria specified in Section 54747.



54744.  (a) It is the intent of the Legislature that communities
implementing new programs or initiatives connect with existing
program strategies and build upon existing local collaboratives, when
possible, to provide a unified integrated system of service for
children and families.
   (b) No application for participation in the Cal-SAFE program is
complete unless each county superintendent of schools, in conjunction
with superintendents of school districts, the Adolescent Family Life
Program, the Cal-Learn program, the local child care and development
planning council as defined by Section 8499.5, and, as appropriate,
other existing organizations such as Healthy Start and local job
training councils, have developed a county service coordination plan
for providing educational and related support services to pregnant
and parenting teens and their children.
   (c) The county service coordination plan shall include, at a
minimum, all of the following information:
   (1) Incidence of live births to teen mothers by a method to be
determined by the State Department of Education.
   (2) Incidence of pregnant and parenting pupils receiving welfare
aid by a method to be determined by the State Department of
Education.
   (3) Incidence of low birth weight children born to teen mothers by
a method to be determined by the State Department of Education.
   (4) Educational alternatives for pregnant and parenting teens.
   (5) Child care and development resources for the children of teen
parents.
   (6) Public and private resources providing support services
necessary for pregnant and parenting teens to achieve academically.
   (7) Gaps and overlaps in educational and support services for
pregnant and parenting pupils and their children.
   (8) Proposed strategies to address identified gaps and overlaps in
services.
   (d) The county service coordination plan shall be submitted to the
State Department of Education no later than June 1, 2000.
   (e) If the county service coordination plan is not submitted to
the State Department of Education by June 1, 2000, a local education
agency may only operate a Cal-SAFE program on an interim basis until
January 1, 2001.
   (f) The county superintendent of schools, in conjunction with
superintendents of school districts, the Adolescent Family Life
Program, the Cal-Learn program, the local child care and development
planning council as defined by Section 8499.5, and, as appropriate,
other existing organizations such as Healthy Start and local job
training councils, shall annually review the county service
coordination plan, update the plan as needed, disseminate the revised
plan to superintendents of school districts within its jurisdiction,
and submit a copy of the revised plan to the State Department of
Education.


54745.  (a) In the administration of the Cal-SAFE program, the
following provisions apply:
   (1) Participation by a school district or county superintendent of
schools in the Cal-SAFE program is voluntary.
   (2) The governing board of a school district or county
superintendent of schools may submit an application to the State
Department of Education in the manner, form, and by the date
specified by the department to establish and maintain a Cal-SAFE
program.
   (3) A school district or county superintendent of schools approved
to implement the Cal-SAFE program shall be funded as one program to
be operated at one or multiple sites depending upon the need within
the service area.
   (4) Notwithstanding any other law, a school district or county
superintendent of schools operating, by October 1, 1999, a School Age
Parent and Infant Development Program pursuant to Article 17
(commencing with Section 8390) of Chapter 2 of Part 6, a Pregnant
Minors Program pursuant to Chapter 6 (commencing with Section 8900)
of Part 6 and Section 2551.3, or a Pregnant and Lactating Students
Program pursuant to Sections 49553 and 49559, as those provisions
existed prior to January 1, 1999, or any combination thereof, that
chooses to participate in the Cal-SAFE program shall have priority
for Cal-SAFE program funding for an amount up to the dollar amount
provided to each school district or county superintendent of schools
under those provisions in the fiscal year prior to participation in
the Cal-SAFE program, provided that an application is submitted and
approved.
   (5) If a school district or county superintendent of schools
operating a School Age Parent and Infant Development Program, a
Pregnant Minors Program, or a Pregnant and Lactating Students
Program, or any combination thereof, chooses not to participate in
the Cal-SAFE program, it is the intent of the Legislature that the
funding it would have received for the operation of those programs
shall be redirected to the Cal-SAFE program and the school district
or county superintendent of schools may apply in a subsequent school
year to operate a Cal-SAFE program.
   (6) A school district or county superintendent of schools that
terminates its Cal-SAFE program may reapply to establish a Cal-SAFE
program.
   (7) In order to continue implementation of the Cal-SAFE program
beyond the initial three years of funding, each funded agency shall
be reviewed by the department to determine progress towards achieving
the goals set forth in Section 54742. Thereafter, funded agencies
shall be reviewed and reauthorized every five years based upon a
process determined by the department to continue implementation of a
Cal-SAFE program.
   (b) All of the following requirements apply to an application for
the Cal-SAFE program:
   (1) The governing board of a participating local education agency
shall adopt a policy or resolution declaring its commitment to
provide a comprehensive, continuous, community-linked program for
expectant and parenting pupils and their children that reflects the
cultural and linguistic diversity of the community.
   (2) The local education agency shall provide assurance for
participation in the development of the County Service Coordination
Plan as described in Section 54744.
   (3) A school district or county superintendent of schools shall
agree to participate in the data collection and evaluation of the
Cal-SAFE program.
   (c) To implement a Cal-SAFE program, the funded school district,
or county superintendent of schools shall meet all of the following
criteria:
   (1) Be in compliance with the regulations adopted pursuant to
Title IX of the Education Amendments of 1972.
   (2) Ensure that enrolled pupils retain their right to participate
in any comprehensive school or educational alternative programs in
which they could otherwise enroll. School placement and instructional
strategies shall be based upon the needs and styles of learning of
the individual pupils. The classroom setting shall be the preferred
instructional strategy unless an alternative is necessary to meet the
needs of the individual parent, child, or both.
   (3) Enroll pupils into the Cal-SAFE program on an open entry and
open exit basis.
   (4) Provide a quality education program to pupils in a supportive
and accommodating learning environment with appropriate classroom
strategies to ensure school access and academic credit for all work
completed.
   (5) Provide parenting education and life skills instruction to
enrolled pupils.
   (6) Make maximum utilization of available programs and facilities
to serve expectant and parenting pupils and their children.
   (7) Provide a quality child care and development program for the
children of enrolled teen parents located on or near the schoolsite.
   (8) Make maximum utilization of its local school food service
program.
   (9) Provide special school nutrition supplements, as defined by
subdivision (b) of Section 49553, to pregnant and lactating pupils.
   (10) Enter into formal partnership agreements, as necessary, with
community-based organizations and other governmental agencies to
assist pupils in accessing support services or to provide child care
and development services.
   (11) Provide staff development and community outreach in order to
establish a positive learning environment and school policies
supportive of expectant and parenting pupils' academic achievement
and to promote the healthy development of their children.
   (12) Maintain an annual program budget and expenditure report to
document that funds are expended pursuant to Section 54749.
   (13) Assess no fees to enrolled pupils or their families for
services provided through the Cal-SAFE program.
   (14) Establish and maintain a database in the manner and form
prescribed by the State Department of Education for purposes of
program evaluation.
   (15) Coordinate to the maximum extent possible with Cal-Learn
program case managers provided pursuant to Section 11332.5 of the
Welfare and Institutions Code and Adolescent Family Life Program case
managers provided pursuant to Article 1 (commencing with Section
124175) of Chapter 4 of Part 2 of Division 106 of the Health and
Safety Code.


54746.  (a) In meeting the goals of the program and responding to
the individual needs and differences of pupils and their children to
be served, the funded agency shall complete an intake procedure
regarding each pupil and child upon entry into the program and
periodically as needed thereafter.
   (b) Based upon the information provided during the intake
procedure pursuant to subdivision (a), the funded agency shall
determine appropriate levels and types of services to be provided.
These services may not duplicate services currently provided to the
pupil by a local Adolescent Family Life Program or Cal-Learn program.
In addition to an academic program that meets district standards,
necessary support services for pupils shall be funded by the
calculation pursuant to paragraph (1) of subdivision (a) of Section
54749. Allowable expenditures for support services are as follows:
   (1) Parenting education and life skills instruction.
   (2) Perinatal education and care, including childbirth
preparation.
   (3) Safe home-to-school transportation.
   (4) Case management services.
   (5) Comprehensive health education, including reproductive health
care.
   (6) Nutrition education, counseling, and meal supplements.
   (7) School safety and violence prevention strategies targeted to
expectant and parenting teens and their children.
   (8) Academic support and youth development services, such as
tutoring, mentoring, and community service internships.
   (9) Career counseling, preemployment skills, and job training.
   (10) Substance abuse prevention education, counseling, and
treatment services.
   (11) Mental health assessment, interventions, and referrals.
   (12) Crisis intervention counseling services, including suicide
prevention.
   (13) Peer support groups and counseling.
   (14) Family support and development services, including individual
and family counseling.
   (15) Child and domestic abuse prevention education, counseling,
and services.
   (16) Enrichment and recreational activities, as appropriate.
   (17) Services that facilitate transition to postsecondary
education, training, or employment.
   (18) Support services for grandparents, siblings, and fathers of
babies who are not enrolled in the Cal-SAFE program.
   (19) Outreach activities to identify eligible pupils and to
educate the community about the realities of teen pregnancy and
parenting.
   (c) The funded agency shall provide child care and development
program services located on or near the schoolsite for the children
of teen parents enrolled in the Cal-SAFE program. Program services
shall be funded by the revenue generated pursuant to paragraph (4) of
subdivision (a) of Section 54749.
   (1) Participation in the child care and development component of
the Cal-SAFE program shall be voluntary.
   (2) There is no minimum age for enrollment, but the child shall be
eligible for enrollment in the child care and development component
until the age of five years or the child is enrolled in kindergarten,
whichever occurs first, as long as the teen parent is enrolled in
the Cal-SAFE program.
   (3) Each child shall have a health evaluation form signed by a
physician, or his or her designee, before the child is allowed on the
school campus or is enrolled in the child care and development
program. Health screening and immunizations shall not be required
when the custodial parent annually files a written request as
provided for in Section 49451 and Section 120365 of the Health and
Safety Code.
   (4) A developmental profile shall be maintained for each infant,
toddler, and child. This development profile shall be utilized by the
program staff to design a program that meets the infant's, toddler'
s, or child's developmental needs.
   (5) The arrangement of the child care site environment shall be
safe, healthy, and comfortable for children and staff, easily
maintained, and appropriate for meeting the developmental needs of
the individual child. Child care sites shall meet the health and
safety requirements specified in Chapter 1 (commencing with Section
101151) of, and Subchapter 2 (commencing with Section 101351) of,
Division 12 of Title 22 of the California Code of Regulations.
   (6) The child care and development component of the Cal-SAFE
program shall operate pursuant to applicable sections of Chapter 2
(commencing with Section 8200) of Part 6. In addition to meeting the
requirements of Section 8360, teachers shall have at least three
semester units, or the equivalent number of quarter units, of
coursework related to the care of infants and toddlers.
   (7) The child care site shall be available as a laboratory for
parenting or related courses that are offered by the funded agency
with priority given to pupils enrolled in the Cal-SAFE program.
   (d) In-service training for school staff on teen pregnancy and
parenting-related issues may be funded from revenue generated
pursuant to paragraphs (1) and (4) of subdivision (a) of Section
54749. However, use of these funds for this purpose shall supplement
and, not supplant, existing resources in these areas.
   (e) The database required pursuant to paragraph (14) of
subdivision (c) of Section 54745 may be funded from revenue
appropriated for purposes of subdivision (a) of Section 54749.




54746.5.  (a) Local education agencies that are applying to operate
a Cal-SAFE program pursuant to Section 54749 but which are not in
full compliance may submit a timeline and a corrective action plan
for approval by the Superintendent of Public Instruction on a
case-by-case basis to extend, to no later than June 30, 2002, a
waiver from implementation of the child care and development
requirements set forth in paragraph (7) of subdivision (c) of Section
54745 and in subdivision (c) of Section 54746.
   (b) Local education agencies that are applying to operate a
Cal-SAFE program pursuant to Section 2551.3 but are not in full
compliance may submit a timeline and a corrective action plan for
approval by the Superintendent of Public Instruction on a
case-by-case basis to extend, to no later than June 30, 2002, a
waiver from implementation of the child care and development physical
environment requirements pursuant to paragraph (5) of subdivision
(c) of Section 54746, and as set forth in subdivision (d) of Section
101238 of, Section 101238.2 of, subdivision (a) of Section 101238.3
of, subdivisions (b) and (c) of Section 101238.4 of, subdivisions
(e), (h), and (j) of Section 101239 of, and paragraph (2) of
subdivision (a) of Section 101239.2 of, Title 22 of the California
Code of Regulations.
   (c) If the Superintendent of Public Instruction finds that a local
education agency that has submitted a timeline and a corrective
action plan pursuant to this section has not complied with all
provisions of the corrective action plan as approved by the
Superintendent of Public Instruction, the local education agency
shall be ineligible for any funding pursuant to Section 2551.3 after
the date of mailing of the written notification of noncompliance to
the local education agency.
   (d) For teachers in Cal-SAFE child care programs operated pursuant
to Section 54749, the Superintendent of Public Instruction may waive
the qualification requirements of paragraph (6) of subdivision (c)
of Section 54746 for the 2001-02 fiscal year if the superintendent
determines that the existence of compelling need is appropriately
documented and the applicant is making satisfactory progress toward
securing a permit issued by the Commission on Teacher Credentialing.
   (e) For teachers in Cal-SAFE child care programs operated pursuant
to Section 2551.3, the Superintendent of Public Instruction may
waive the qualification requirements of paragraph (6) of subdivision
(c) of Section 54746 until June 30, 2002, if the superintendent
determines that the existence of compelling need is appropriately
documented and the applicant is making satisfactory progress toward
securing a permit issued by the Commission of Teacher Credentialing.




54747.  (a) A male or female pupil, 18 years of age or younger, may
enroll in the Cal-SAFE program and be eligible for all services
afforded to pupils enrolled if he or she is an expectant parent, the
custodial parent, or the noncustodial parent taking an active role in
the care and supervision of the child, and has not earned a high
school diploma or its equivalent.
   (b) A pupil who is an expectant parent, custodial parent, or
noncustodial parent taking an active role in the care and supervision
of his or her child, has not earned a high school diploma or its
equivalent, and has an active special education Individualized
Education Plan (IEP) shall be eligible as long as she or he has an
active IEP and meets the eligibility criteria as specified in
paragraph (4) of subdivision (c) of Section 56026, and shall continue
to receive services identified in the IEP while enrolled in the
Cal-SAFE program.
   (c) Pupils shall be eligible for enrollment on a voluntary basis
for as long as they meet eligibility criteria specified in
subdivisions (a) and (b) until they earn a high school diploma or its
equivalent.
   (d) A pupil may not be denied initial or continuous enrollment in
the Cal-SAFE program for any of the following reasons:
   (1) The pupil has had multiple pregnancies.
   (2) The pupil has more than one child.
   (3) The pupil's eligibility status changed from expectant to
parenting.
   (e) If an enrolled 18-year-old pupil reaches age 19 without
earning a high school diploma or its equivalent, the pupil may be
enrolled for one additional semester if the pupil has been
continuously enrolled in the Cal-SAFE program since before his or her
19th birthday.
   (f) Pupils receiving services under Article 3.5 (commencing with
Section 11331) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions Code are eligible for services under this chapter.
Child care provided under this article shall be the primary source of
child care for these recipients when participating in a Cal-SAFE
program operated by school districts or county superintendents of
schools.



54748.  The duties of the State Department of Education include all
of the following:
   (a) Provision of technical assistance, focused upon transition
into the Cal-SAFE program, to school districts and county
superintendents of schools currently operating a School Age Parent
and Infant Development Program, a Pregnant Minors Program, or a
Pregnant and Lactating Students Program, or any combination thereof.
   (b) Provision of technical assistance to school districts and
county superintendents of schools that do not currently operate a
School Age Parent and Infant Development Program, a Pregnant Minors
Program, or a Pregnant and Lactating Students Program as defined by
subdivision (a) of Section 54745.
   (c) Identification and sharing of information on best practices
across program sites.
   (d) Development of benchmarks to determine to what degree pupils
and children enrolled in the Cal-SAFE program attain the program
goals.
   (e) Consultation with local education agency representatives and
others, as appropriate, to develop strategies for implementation of
the Cal-SAFE program.
   (f) Determination of areas in the state where there are pupils who
are most in need or pupils who are least likely to access services
on their own if there are not enough resources to serve all eligible
pupils.
   (g) Development of an application process and approval of local
education agencies to implement a Cal-SAFE program.
   (h) Development of operating guidelines for implementing an
effective Cal-SAFE program.
   (i) Development of guidelines for fiscal reporting.
   (j) Coordination with other state agencies that administer teen
pregnancy prevention and intervention programs.
   (k) Development of procedures to conduct program evaluation and
monitoring, as appropriate.
   (l) Commencing March 1, 2005, and every five years thereafter,
preparation and submission of a report to the Joint Legislative
Budget Committee and appropriate policy and fiscal committees of the
Legislature. The report shall include data, analysis of data, and an
evaluation of the Cal-SAFE program.



54749.  (a) For the 2000-01 fiscal year and each fiscal year
thereafter, a school district or county superintendent of schools
participating in Cal-SAFE is eligible for state funding from funds
appropriated for services provided for the purposes of the program as
follows:
   (1) A support services allowance of two thousand two hundred
thirty-seven dollars ($2,237) for each unit of average daily
attendance generated by each pupil who has completed the intake
process pursuant to subdivision (a) of Section 54746 and is receiving
services pursuant to subdivision (b) of Section 54746. This
allowance shall be adjusted annually by the inflation factor set
forth in subdivision (b) of Section 42238.1. In no event shall more
than one support service allowance be generated by any pupil
concurrently enrolled in more than one educational program.
   (A) A support services allowance may not be claimed for units of
average daily attendance reported pursuant to the following:
   (i) Subdivision (b) of Section 1982 for pupils attending county
community schools operated pursuant to Chapter 6.5 of Part 2
(commencing with Section 1980).
   (ii) Pupils attending juvenile court schools operated pursuant to
Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27.
   (iii) Pupils attending community day schools operated pursuant to
Article 3 (commencing with Section 48660) of Chapter 4 of Part 27.
   (iv) Pupils attending a county operated Cal-SAFE program pursuant
to this article whose attendance is reported pursuant to Section
2551.3.
   (B) A support services allowance may not be used to supplant
average daily attendance and revenue limit funding provided pursuant
to paragraph (2) for the support of educational programs that
Cal-SAFE program pupils attend.
   (2) Average daily attendance and revenue limit funding for pupils
receiving services in the Cal-SAFE program shall be computed pursuant
to provisions and regulations applicable to the educational program
or programs that each pupil attends, except as provided in paragraph
(3).
   (3) For attendance not claimed pursuant to paragraph (2), a county
office of education may claim the statewide average revenue limit
per unit of average daily attendance for high school districts,
payable from Section A of the State School Fund, for the attendance
of pupils receiving services in the Cal-SAFE program, provided that
no other revenue limit funding is claimed for the same pupil and
pupil attendance of no less than 240 minutes per day and is computed
and maintained pursuant to Section 46300.
   (4) Except as provided in subdivision (c) of Section 54749.5,
operators of Cal-SAFE programs shall be reimbursed in accordance with
the amount specified in subdivision (b) of Section 8265 and the
amounts specified in subdivisions (a) and (b) of Section 8265.5 for
each child receiving services pursuant to the Cal-SAFE program who is
the child of teen parents enrolled in the Cal-SAFE program. To be
eligible for funding pursuant to this paragraph, the operational days
of child care and development programs are only those necessary to
provide child care services to children of pupils participating in
Cal-SAFE.
   (5) Notwithstanding paragraph (1), pupils for whom attendance is
reported pursuant to subdivision (b) of Section 1982, pupils
attending juvenile court schools, and pupils attending community day
schools may complete the intake process for the Cal-SAFE program and,
if the intake process is completed, shall receive services pursuant
to subdivision (b) of Section 54746. The children of pupils receiving
services in the Cal-SAFE program pursuant to subdivision (b) of
Section 54746 and attending juvenile court schools, county community
schools, or community day schools are eligible for funding pursuant
to paragraph (4) and no other provisions of this section.
   (b) Funds allocated pursuant to paragraph (1) of subdivision (a)
shall be accounted for separately and shall be expended only to
provide the supportive services enumerated in subdivision (b) of
Section 54746, to provide in-service training as specified in
subdivision (d) of Section 54746, and for the expenditures enumerated
in subdivision (d) of this section.
   (c) Funds allocated pursuant to paragraph (4) of subdivision (a)
shall be accounted for separately and shall be expended only to
provide developmentally appropriate child care and development
services pursuant to subdivision (c) of Section 54746 and staff
development of child development program staff pursuant to
subdivision (d) of Section 54746 for children of teen parents
enrolled in the Cal-SAFE program for the purpose of promoting the
children's development comparable to age norms, access to health and
preventive services, and enhanced school readiness.
   (d) Funds generated pursuant to Section 2551.3, subdivision (b) of
Section 54749.5, and this section shall be accounted for separately
and shall be expended only to provide the services enumerated in
Section 54746 and the following expenditures as defined by the
California State School Accounting Manual:
   (1) Expenditures defined as direct costs of instructional
programs.
   (2) Expenditures defined as documented direct support costs.
   (3) Expenditures defined as allocated direct support costs.
   (4) Expenditures for indirect charges.
   (5) Expenditures defined as facility costs, including the costs of
renting, leasing, lease-purchase, remodeling, or improving
buildings.
   (e) Indirect costs may not exceed the lesser of the approved
indirect cost rate or 10 percent.
   (f) Expenditures that represent contract payments to
community-based organizations and other governmental agencies
pursuant to paragraph (10) of subdivision (b) of Section 54745 for
the operation of a Cal-SAFE program shall be included in the Cal-SAFE
program account.
   (g) To the extent permitted by federal law, any funding made
available to a school district or county superintendent of schools is
subject to all of the following conditions:
   (1) The program is open to all eligible pupils without regard to
any pupil's religious beliefs or any other factor related to
religion.
   (2) No religious instruction is included in the program.
   (3) The space where the program is operated is not used in any
manner to foster religion during the time used for operation of the
program.
   (h) A school district or county superintendent of schools
implementing a Cal-SAFE program may establish a claims process to
recover federal funds available for any services provided that are
Medi-Cal eligible.
   (i) For purposes of serving pupils enrolled in the Cal-SAFE
program in a summer school program or enrolled in a school program
operating more than 180 days, eligibility for child care services
pursuant to subdivision (c) of Section 54746 shall be determined by
the parent's hours of enrollment and shall be for only those hours
necessary to further the completion of the parent's educational
program.
   (j) To meet startup costs for the opening of child care and
development sites, as defined in subdivision (ab) of Section 8208,
and applicable regulations, a school district or county office of
education may apply for a one-time 15-percent service level exemption
within the amount appropriated in the annual Budget Act for the
purposes of paragraph (4) of subdivision (a) for each site meeting
the criteria set forth in subdivision (ab) of Section 8208. To the
extent that Budget Act funding is insufficient to cover the full
costs of Cal-SAFE child care, reimbursements to all participating
programs shall be reduced on a pro rata basis. A school district or
county office of education shall submit claims pursuant to this
subdivision with other claims submitted pursuant to this section.
Funding provided for startup costs shall be utilized for approvable
startup costs enumerated in subdivision (a) of Section 8275.
   (k) To meet costs for the renovation, repair, or improvement of an
existing building to make the building suitable for licensure for
child care and development services and for the purchase of new
relocatable child care facilities for lease to school districts and
contracting agencies that provide child care and development
services, a school district or county office of education that
provides child care pursuant to this article may apply for and
receive funding pursuant to Section 8278.3.
   (l) Notwithstanding any other provision of this article, the
implementation of this article is contingent upon appropriations in
the annual Budget Act for the purpose of its administration and
evaluation by the department.
   (m) Notwithstanding any other law, a charter school may apply for
funding pursuant to this article and shall meet the requirements of
this article to be eligible for funding pursuant to this section.



54749.5.  (a) County superintendents who operated pregnant minors
programs in the 1979-80 fiscal year, or commenced operation during
the 1996-97 fiscal year, shall continue to operate pregnant minors
programs in the 1980-81 fiscal year, or the 1997-98 fiscal year, as
appropriate, and each fiscal year thereafter, and school districts
that increased their revenue limit in the 1981-82 fiscal year
pursuant to subdivision (d) of Section 42241 shall continue to
operate pregnant minors programs in subsequent fiscal years, unless
the program is transferred to another local education agency, or
unless the county superintendent or district superintendent
demonstrates that programs and services for pregnant minors, such as
continuation school, home instruction, or independent instruction,
are available from other local education agencies in the county,
pursuant to rules and regulations adopted by the Superintendent of
Public Instruction.
   (b) Pregnant minors programs that continue to operate pursuant to
subdivision (a) and that continue to operate as Cal-SAFE programs may
continue to claim funding pursuant to Section 2551.3 for an amount
of average daily attendance up to the amount certified at the 1998-99
annual apportionment for that program. Programs continuing under
this section may enroll pupils above the level of average daily
attendance certified at the 1998-99 annual apportionment, and that
additional average daily attendance shall be eligible for funding
pursuant to Section 54749 and provisions that apply to the
educational program that the pupil attends.
   (c) County offices of education that choose to retain their
pregnant minor program revenue limit rather than convert to the
Cal-SAFE revenue limit shall provide child care services from funds
provided in their pregnant minor program revenue limit pursuant to
Section 2551.3 for children of pupils comprising base year average
daily attendance as certified at the 1998-99 annual apportionment.
Growth funding for child care shall be equal to the proportionate
share of child care funding for the specific agency's program,
determined by dividing the certified growth in pupil average daily
attendance by the total certified average daily attendance.
   (d) Nothing in this section shall be construed as allowing a
county superintendent to receive funding pursuant to Sections 2551.3
and 54749 for the same average daily attendance, or for average daily
attendance generated by the same pupil on the same calendar day.