35181. The governing board of each school district may convene
hearings, make findings, and adopt and issue policy statements
setting forth the responsibilities of the pupils of that school
district regarding academic performance, attendance, in-school
behavior, and any other aspects of school life which the school
district governing board may deem relevant to this task.
35182. The governing board of any school district may market or
license any noneducational mainframe electronic data-processing
software developed by the school district to any person or any public
or private corporation or agency. Proceeds from the marketing or
licensing of noneducational mainframe electronic data-processing
software under this section shall be used exclusively for educational
purposes.
35182.5. (a) The Legislature finds and declares all of the
following:
(1) State and federal laws require all schools participating in
meal programs to provide nutritious food and beverages to pupils.
(2) State and federal laws restrict the sale of food and beverages
in competition with meal programs to enhance the nutritional goals
for pupils, and to protect the fiscal and nutritional integrity of
the school food service programs.
(3) Parents, pupils, and community members should have the
opportunity to ensure, through the review of food and beverage
contracts, that food and beverages sold on school campuses provide
nutritious sustenance to pupils, promote good health, help pupils
learn, provide energy, and model fit living for life.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Nonnutritious beverages" means any beverage that is not any
of the following:
(A) Drinking water.
(B) Milk, including, but not limited to, chocolate milk, soy milk,
rice milk, and other similar dairy or nondairy milk.
(C) An electrolyte replacement beverage that contains 42 grams or
less of added sweetener per 20 ounce serving.
(D) A 100 percent fruit juice, or fruit-based drink that is
composed of 50 percent or more fruit juice and that has no added
sweeteners.
(2) "Added sweetener" means any additive that enhances the
sweetness of the beverage, including, but not limited to, added
sugar, but does not include the natural sugar or sugars that are
contained within any fruit juice that is a component of the beverage.
(3) "Nonnutritious food" means food that is not sold as part of
the school breakfast or lunch program as a full meal, and that meets
any of the following standards:
(A) More than 35 percent of its total calories are from fat.
(B) More than 10 percent of its total calories are from saturated
fat.
(C) More than 35 percent of its total weight is composed of sugar.
This subparagraph does not apply to the sale of fruits or
vegetables.
(c) The governing board of a school district may not do any of the
following:
(1) Enter into or renew a contract or permit a school within the
district to enter into or renew a contract that grants exclusive or
nonexclusive advertising or grants the right to the exclusive or
nonexclusive sale of carbonated beverages or nonnutritious beverages
or nonnutritious food within the district to a person, business, or
corporation, unless the governing board of the school district does
all of the following:
(A) Adopts a policy after a public hearing of the governing board
to ensure that the district has internal controls in place to protect
the integrity of the public funds and to ensure that funds raised
benefit public education, and that the contracts are entered into on
a competitive basis pursuant to procedures contained in Section 20111
of the Public Contract Code or through the issuance of a Request for
Proposal.
(B) Provides to parents, guardians, pupils, and members of the
public the opportunity to comment on the contract by holding a public
hearing on the contract during a regularly scheduled board meeting.
The governing board shall clearly, and in a manner recognizable to
the general public, identify in the agenda the contract to be
discussed at the meeting.
(2) Enter into a contract that prohibits a school district
employee from disparaging the goods or services of the party
contracting with the school board.
(3) Enter into a contract or permit a school within the district
to enter into a contract for electronic products or services that
requires the dissemination of advertising to pupils, unless the
governing board of the school district does all of the following:
(A) Enters into the contract at a noticed public hearing of the
governing board.
(B) Makes a finding that the electronic product or service in
question is or would be an integral component of the education of
pupils.
(C) Makes a finding that the school district cannot afford to
provide the electronic product or service unless it contracts to
permit dissemination of advertising to pupils.
(D) Provides written notice to the parents or guardians of pupils
that the advertising will be used in the classroom or other learning
centers. This notice shall be part of the district's normal ongoing
communication to parents or guardians.
(E) Offers the parents the opportunity to request in writing that
the pupil not be exposed to the program that contains the
advertising. Any request shall be honored for the school year in
which it is submitted, or longer if specified, but may be withdrawn
by the parents or guardians at any time.
(d) A governing board may meet the public hearing requirement set
forth in subparagraph (B) of paragraph (1) of subdivision (c) for
those contracts that grant the right to the exclusive or nonexclusive
sale of carbonated beverages or nonnutritious beverages or
nonnutritious food within the district, by either of the following:
(1) Review of the contract at a public hearing by a Child
Nutrition and Physical Activity Advisory Committee established
pursuant to Section 49433 that has contract review authority for the
sale of food and beverages.
(2) (A) An annual public hearing to review and discuss existing
and potential contracts for the sale of food and beverages on
campuses, including food and beverages sold as full meals, through
competitive sales, as fundraisers, and through vending machines.
(B) The public hearing shall include, but not be limited to, a
discussion of all of the following:
(i) The nutritional value of food and beverages sold within the
district.
(ii) The availability of fresh fruit, vegetables, and grains in
school meals and snacks, including, but not limited to, locally grown
and organic produce.
(iii) The amount of fat, sugar, and additives in the food and
beverages discussed.
(iv) Barriers to pupil participation in school breakfast and lunch
programs.
(C) A school district that holds an annual public hearing
consistent with this paragraph is not released from the public
hearing requirements set forth in subparagraph (B) of paragraph (1)
of subdivision (c) for those contracts not discussed at the annual
public hearing.
(e) The governing board of the school district shall make
accessible to the public any contract entered into pursuant to
paragraph (1) of subdivision (c) and may not include in that contract
a confidentiality clause that would prevent a school or school
district from making any part of the contract public.
(f) The governing board of a school district may sell advertising,
products, or services on a nonexclusive basis.
(g) The governing board of a school district may post public signs
indicating the district's appreciation for the support of a person
or business for the district's education program.
(h) Contracts entered into prior to January 1, 2004, may remain in
effect, but may not be renewed if they are in conflict with this
section.
35183. (a) The Legislature finds and declares each of the
following:
(1) The children of this state have the right to an effective
public school education. Both students and staff of the primary,
elementary, junior and senior high school campuses have the
constitutional right to be safe and secure in their persons at
school. However, children in many of our public schools are forced to
focus on the threat of violence and the messages of violence
contained in many aspects of our society, particularly reflected in
gang regalia that disrupts the learning environment.
(2) "Gang-related apparel" is hazardous to the health and safety
of the school environment.
(3) Instructing teachers and administrators on the subtleties of
identifying constantly changing gang regalia and gang affiliation
takes an increasing amount of time away from educating our children.
(4) Weapons, including firearms and knives, have become common
place upon even our elementary school campuses. Students often
conceal weapons by wearing clothing, such as jumpsuits and overcoats,
and by carrying large bags.
(5) The adoption of a schoolwide uniform policy is a reasonable
way to provide some protection for students. A required uniform may
protect students from being associated with any particular gang.
Moreover, by requiring schoolwide uniforms teachers and
administrators may not need to occupy as much of their time learning
the subtleties of gang regalia.
(6) To control the environment in public schools to facilitate and
maintain an effective learning environment and to keep the focus of
the classroom on learning and not personal safety, schools need the
authorization to implement uniform clothing requirements for our
public school children.
(7) Many educators believe that school dress significantly
influences pupil behavior. This influence is evident on school
dressup days and color days. Schools that have adopted school
uniforms experience a "coming together feeling," greater school
pride, and better behavior in and out of the classroom.
(b) The governing board of any school district may adopt or
rescind a reasonable dress code policy that requires pupils to wear a
schoolwide uniform or prohibits pupils from wearing "gang-related
apparel" if the governing board of the school district approves a
plan that may be initiated by an individual school's principal,
staff, and parents and determines that the policy is necessary for
the health and safety of the school environment. Individual schools
may include the reasonable dress code policy as part of its school
safety plan, pursuant to Section 32281.
(c) Adoption and enforcement of a reasonable dress code policy
pursuant to subdivision (b) is not a violation of Section 48950. For
purposes of this section, Section 48950 shall apply to elementary,
high school, and unified school districts. If a schoolwide uniform is
required, the specific uniform selected shall be determined by the
principal, staff, and parents of the individual school.
(d) A dress code policy that requires pupils to wear a schoolwide
uniform shall not be implemented with less than six months' notice to
parents and the availability of resources to assist economically
disadvantaged pupils.
(e) The governing board shall provide a method whereby parents may
choose not to have their children comply with an adopted school
uniform policy.
(f) If a governing board chooses to adopt a policy pursuant to
this section, the policy shall include a provision that no pupil
shall be penalized academically or otherwise discriminated against
nor denied attendance to school if the pupil's parents chose not to
have the pupil comply with the school uniform policy. The governing
board shall continue to have responsibility for the appropriate
education of those pupils.
(g) A policy adopted pursuant to this section shall not preclude
pupils that participate in a nationally recognized youth organization
from wearing organization uniforms on days that the organization has
a scheduled meeting.
35183.3. Notwithstanding any other provision of law, a person shall
have the right to wear a dress uniform issued to him or her by a
branch of the United States Armed Forces while participating in the
graduation ceremony for his or her high school if that person meets
both of the following requirements:
(a) He or she has fulfilled all of the requirements of this code
for receiving a diploma of graduation from high school, and is
otherwise eligible to participate in the graduation ceremony.
(b) He or she has completed basic training for, and is an active
member of, a branch of the United States Armed Forces.
35183.5. (a) (1) Each schoolsite shall allow for outdoor use during
the schoolday, articles of sun-protective clothing, including, but
not limited to, hats.
(2) Each schoolsite may set a policy related to the type of
sun-protective clothing, including, but not limited to, hats, that
pupils will be allowed to use outdoors pursuant to paragraph (1).
Specific clothing and hats determined by the school district or
schoolsite to be gang-related or inappropriate apparel may be
prohibited by the dress code policy.
(b) (1) Each schoolsite shall allow pupils the use of sunscreen
during the schoolday without a physician's note or prescription.
(2) Each schoolsite may set a policy related to the use of
sunscreen by pupils during the schoolday.
(3) For purposes of this subdivision, sunscreen is not an
over-the-counter medication.
(4) Nothing in this subdivision requires school personnel to
assist pupils in applying sunscreen.
35184. (a) Notwithstanding any other provision of law, the
governing board of a high school district may enter into a contract
with the governing board of any of its feeder elementary school
districts to provide instruction at the schools of the high school
district to all or a portion of the pupils enrolled in the sixth
grade at the contracting elementary school district.
(b) For the purpose of computing allowances and apportionments
pursuant to Chapter 4 (commencing with Section 41600) and Article 2
(commencing with Section 42230) of Chapter 7 of Part 24, the
contracting elementary school shall continue to report average daily
attendance for those sixth grade pupils. Upon receipt of any funds
allocated to the elementary school district based upon the average
daily attendance reported for those sixth grade pupils, the
contracting elementary school district shall transfer those moneys to
the contracting high school district.
35185. A school district may require proof of registration pursuant
to Article 8.2 (commencing with Section 12620) of Chapter 6 of
Division 3 of Title 2 of the Government Code, as a condition to
agreement to enroll that student.
35186. (a) A school district shall use the uniform complaint
process it has adopted as required by Chapter 5.1 (commencing with
Section 4600) of Title 5 of the California Code of Regulations, with
modifications, as necessary, to help identify and resolve any
deficiencies related to instructional materials, emergency or urgent
facilities conditions that pose a threat to the health and safety of
pupils or staff, teacher vacancy or misassignment, and intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12.
(1) A complaint may be filed anonymously. A complainant who
identifies himself or herself is entitled to a response if he or she
indicates that a response is requested. A complaint form shall
include a space to mark to indicate whether a response is requested.
If Section 48985 is otherwise applicable, the response, if requested,
and report shall be written in English and the primary language in
which the complaint was filed. All complaints and responses are
public records.
(2) The complaint form shall specify the location for filing a
complaint. A complainant may add as much text to explain the
complaint as he or she wishes.
(3) Except as provided pursuant to paragraph (4), a complaint
shall be filed with the principal of the school or his or her
designee. A complaint about problems beyond the authority of the
school principal shall be forwarded in a timely manner but not to
exceed 10 working days to the appropriate school district official
for resolution.
(4) A complaint regarding any deficiencies related to intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12 shall be submitted to
the district official designated by the district superintendent. A
complaint may be filed at the school district office, or it may be
filed at the schoolsite and shall be immediately forwarded to the
designee of the district superintendent.
(b) The principal or the designee of the district superintendent,
as applicable, shall make all reasonable efforts to investigate any
problem within his or her authority. The principal or designee of the
district superintendent shall remedy a valid complaint within a
reasonable time period but not to exceed 30 working days from the
date the complaint was received. The principal or designee of the
district superintendent shall report to the complainant the
resolution of the complaint within 45 working days of the initial
filing. If the principal makes this report, the principal shall also
report the same information in the same timeframe to the designee of
the district superintendent.
(c) A complainant not satisfied with the resolution of the
principal or the designee of the district superintendent has the
right to describe the complaint to the governing board of the school
district at a regularly scheduled hearing of the governing board. As
to complaints involving a condition of a facility that poses an
emergency or urgent threat, as defined in paragraph (1) of
subdivision (c) of Section 17592.72, a complainant who is not
satisfied with the resolution proffered by the principal or the
designee of the district superintendent has the right to file an
appeal to the Superintendent, who shall provide a written report to
the state board describing the basis for the complaint and, as
appropriate, a proposed remedy for the issue described in the
complaint.
(d) A school district shall report summarized data on the nature
and resolution of all complaints on a quarterly basis to the county
superintendent of schools and the governing board of the school
district. The summaries shall be publicly reported on a quarterly
basis at a regularly scheduled meeting of the governing board of the
school district. The report shall include the number of complaints by
general subject area with the number of resolved and unresolved
complaints. The complaints and written responses shall be available
as public records.
(e) The procedure required pursuant to this section is intended to
address all of the following:
(1) A complaint related to instructional materials as follows:
(A) A pupil, including an English learner, does not have
standards-aligned textbooks or instructional materials or
state-adopted or district-adopted textbooks or other required
instructional material to use in class.
(B) A pupil does not have access to instructional materials to use
at home or after school.
(C) Textbooks or instructional materials are in poor or unusable
condition, have missing pages, or are unreadable due to damage.
(2) A complaint related to teacher vacancy or misassignment as
follows:
(A) A semester begins and a teacher vacancy exists.
(B) A teacher who lacks credentials or training to teach English
learners is assigned to teach a class with more than 20-percent
English learner pupils in the class. This subparagraph does not
relieve a school district from complying with state or federal law
regarding teachers of English learners.
(C) A teacher is assigned to teach a class for which the teacher
lacks subject matter competency.
(3) A complaint related to the condition of facilities that pose
an emergency or urgent threat to the health or safety of pupils or
staff as defined in paragraph (1) of subdivision (c) of Section
17592.72 and any other emergency conditions the school district
determines appropriate and the requirements established pursuant to
subdivision (a) of Section 35292.5.
(4) A complaint related to the provision of intensive instruction
and services pursuant to paragraphs (4) and (5) of subdivision (d) of
Section 37254.
(f) In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom in each school in the school
district notifying parents, guardians, pupils, and teachers of the
following:
(1) There should be sufficient textbooks and instructional
materials. For there to be sufficient textbooks and instructional
materials each pupil, including English learners, must have a
textbook or instructional materials, or both, to use in class and to
take home.
(2) School facilities must be clean, safe, and maintained in good
repair.
(3) There should be no teacher vacancies or misassignments as
defined in paragraphs (2) and (3) of subdivision (h).
(4) Pupils who have not passed the high school exit examination by
the end of grade 12 are entitled to receive intensive instruction
and services for up to two consecutive academic years after
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first, pursuant to
paragraphs (4) and (5) of subdivision (d) of Section 37254. The
information in this paragraph, which is to be included in the notice
required pursuant to this subdivision, shall only be included in
notices posted in classrooms in schools with grades 10 to 12,
inclusive.
(5) The location at which to obtain a form to file a complaint in
case of a shortage. Posting a notice downloadable from the Internet
Web site of the department shall satisfy this requirement.
(g) A local educational agency shall establish local policies and
procedures, post notices, and implement this section on or before
January 1, 2005.
(h) For purposes of this section, the following definitions apply:
(1) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
(2) "Misassignment" means the placement of a certificated employee
in a teaching or services position for which the employee does not
hold a legally recognized certificate or credential or the placement
of a certificated employee in a teaching or services position that
the employee is not otherwise authorized by statute to hold.
(3) "Teacher vacancy" means a position to which a single
designated certificated employee has not been assigned at the
beginning of the year for an entire year or, if the position is for a
one-semester course, a position to which a single designated
certificated employee has not been assigned at the beginning of a
semester for an entire semester.
35181. The governing board of each school district may convene
hearings, make findings, and adopt and issue policy statements
setting forth the responsibilities of the pupils of that school
district regarding academic performance, attendance, in-school
behavior, and any other aspects of school life which the school
district governing board may deem relevant to this task.
35182. The governing board of any school district may market or
license any noneducational mainframe electronic data-processing
software developed by the school district to any person or any public
or private corporation or agency. Proceeds from the marketing or
licensing of noneducational mainframe electronic data-processing
software under this section shall be used exclusively for educational
purposes.
35182.5. (a) The Legislature finds and declares all of the
following:
(1) State and federal laws require all schools participating in
meal programs to provide nutritious food and beverages to pupils.
(2) State and federal laws restrict the sale of food and beverages
in competition with meal programs to enhance the nutritional goals
for pupils, and to protect the fiscal and nutritional integrity of
the school food service programs.
(3) Parents, pupils, and community members should have the
opportunity to ensure, through the review of food and beverage
contracts, that food and beverages sold on school campuses provide
nutritious sustenance to pupils, promote good health, help pupils
learn, provide energy, and model fit living for life.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Nonnutritious beverages" means any beverage that is not any
of the following:
(A) Drinking water.
(B) Milk, including, but not limited to, chocolate milk, soy milk,
rice milk, and other similar dairy or nondairy milk.
(C) An electrolyte replacement beverage that contains 42 grams or
less of added sweetener per 20 ounce serving.
(D) A 100 percent fruit juice, or fruit-based drink that is
composed of 50 percent or more fruit juice and that has no added
sweeteners.
(2) "Added sweetener" means any additive that enhances the
sweetness of the beverage, including, but not limited to, added
sugar, but does not include the natural sugar or sugars that are
contained within any fruit juice that is a component of the beverage.
(3) "Nonnutritious food" means food that is not sold as part of
the school breakfast or lunch program as a full meal, and that meets
any of the following standards:
(A) More than 35 percent of its total calories are from fat.
(B) More than 10 percent of its total calories are from saturated
fat.
(C) More than 35 percent of its total weight is composed of sugar.
This subparagraph does not apply to the sale of fruits or
vegetables.
(c) The governing board of a school district may not do any of the
following:
(1) Enter into or renew a contract or permit a school within the
district to enter into or renew a contract that grants exclusive or
nonexclusive advertising or grants the right to the exclusive or
nonexclusive sale of carbonated beverages or nonnutritious beverages
or nonnutritious food within the district to a person, business, or
corporation, unless the governing board of the school district does
all of the following:
(A) Adopts a policy after a public hearing of the governing board
to ensure that the district has internal controls in place to protect
the integrity of the public funds and to ensure that funds raised
benefit public education, and that the contracts are entered into on
a competitive basis pursuant to procedures contained in Section 20111
of the Public Contract Code or through the issuance of a Request for
Proposal.
(B) Provides to parents, guardians, pupils, and members of the
public the opportunity to comment on the contract by holding a public
hearing on the contract during a regularly scheduled board meeting.
The governing board shall clearly, and in a manner recognizable to
the general public, identify in the agenda the contract to be
discussed at the meeting.
(2) Enter into a contract that prohibits a school district
employee from disparaging the goods or services of the party
contracting with the school board.
(3) Enter into a contract or permit a school within the district
to enter into a contract for electronic products or services that
requires the dissemination of advertising to pupils, unless the
governing board of the school district does all of the following:
(A) Enters into the contract at a noticed public hearing of the
governing board.
(B) Makes a finding that the electronic product or service in
question is or would be an integral component of the education of
pupils.
(C) Makes a finding that the school district cannot afford to
provide the electronic product or service unless it contracts to
permit dissemination of advertising to pupils.
(D) Provides written notice to the parents or guardians of pupils
that the advertising will be used in the classroom or other learning
centers. This notice shall be part of the district's normal ongoing
communication to parents or guardians.
(E) Offers the parents the opportunity to request in writing that
the pupil not be exposed to the program that contains the
advertising. Any request shall be honored for the school year in
which it is submitted, or longer if specified, but may be withdrawn
by the parents or guardians at any time.
(d) A governing board may meet the public hearing requirement set
forth in subparagraph (B) of paragraph (1) of subdivision (c) for
those contracts that grant the right to the exclusive or nonexclusive
sale of carbonated beverages or nonnutritious beverages or
nonnutritious food within the district, by either of the following:
(1) Review of the contract at a public hearing by a Child
Nutrition and Physical Activity Advisory Committee established
pursuant to Section 49433 that has contract review authority for the
sale of food and beverages.
(2) (A) An annual public hearing to review and discuss existing
and potential contracts for the sale of food and beverages on
campuses, including food and beverages sold as full meals, through
competitive sales, as fundraisers, and through vending machines.
(B) The public hearing shall include, but not be limited to, a
discussion of all of the following:
(i) The nutritional value of food and beverages sold within the
district.
(ii) The availability of fresh fruit, vegetables, and grains in
school meals and snacks, including, but not limited to, locally grown
and organic produce.
(iii) The amount of fat, sugar, and additives in the food and
beverages discussed.
(iv) Barriers to pupil participation in school breakfast and lunch
programs.
(C) A school district that holds an annual public hearing
consistent with this paragraph is not released from the public
hearing requirements set forth in subparagraph (B) of paragraph (1)
of subdivision (c) for those contracts not discussed at the annual
public hearing.
(e) The governing board of the school district shall make
accessible to the public any contract entered into pursuant to
paragraph (1) of subdivision (c) and may not include in that contract
a confidentiality clause that would prevent a school or school
district from making any part of the contract public.
(f) The governing board of a school district may sell advertising,
products, or services on a nonexclusive basis.
(g) The governing board of a school district may post public signs
indicating the district's appreciation for the support of a person
or business for the district's education program.
(h) Contracts entered into prior to January 1, 2004, may remain in
effect, but may not be renewed if they are in conflict with this
section.
35183. (a) The Legislature finds and declares each of the
following:
(1) The children of this state have the right to an effective
public school education. Both students and staff of the primary,
elementary, junior and senior high school campuses have the
constitutional right to be safe and secure in their persons at
school. However, children in many of our public schools are forced to
focus on the threat of violence and the messages of violence
contained in many aspects of our society, particularly reflected in
gang regalia that disrupts the learning environment.
(2) "Gang-related apparel" is hazardous to the health and safety
of the school environment.
(3) Instructing teachers and administrators on the subtleties of
identifying constantly changing gang regalia and gang affiliation
takes an increasing amount of time away from educating our children.
(4) Weapons, including firearms and knives, have become common
place upon even our elementary school campuses. Students often
conceal weapons by wearing clothing, such as jumpsuits and overcoats,
and by carrying large bags.
(5) The adoption of a schoolwide uniform policy is a reasonable
way to provide some protection for students. A required uniform may
protect students from being associated with any particular gang.
Moreover, by requiring schoolwide uniforms teachers and
administrators may not need to occupy as much of their time learning
the subtleties of gang regalia.
(6) To control the environment in public schools to facilitate and
maintain an effective learning environment and to keep the focus of
the classroom on learning and not personal safety, schools need the
authorization to implement uniform clothing requirements for our
public school children.
(7) Many educators believe that school dress significantly
influences pupil behavior. This influence is evident on school
dressup days and color days. Schools that have adopted school
uniforms experience a "coming together feeling," greater school
pride, and better behavior in and out of the classroom.
(b) The governing board of any school district may adopt or
rescind a reasonable dress code policy that requires pupils to wear a
schoolwide uniform or prohibits pupils from wearing "gang-related
apparel" if the governing board of the school district approves a
plan that may be initiated by an individual school's principal,
staff, and parents and determines that the policy is necessary for
the health and safety of the school environment. Individual schools
may include the reasonable dress code policy as part of its school
safety plan, pursuant to Section 32281.
(c) Adoption and enforcement of a reasonable dress code policy
pursuant to subdivision (b) is not a violation of Section 48950. For
purposes of this section, Section 48950 shall apply to elementary,
high school, and unified school districts. If a schoolwide uniform is
required, the specific uniform selected shall be determined by the
principal, staff, and parents of the individual school.
(d) A dress code policy that requires pupils to wear a schoolwide
uniform shall not be implemented with less than six months' notice to
parents and the availability of resources to assist economically
disadvantaged pupils.
(e) The governing board shall provide a method whereby parents may
choose not to have their children comply with an adopted school
uniform policy.
(f) If a governing board chooses to adopt a policy pursuant to
this section, the policy shall include a provision that no pupil
shall be penalized academically or otherwise discriminated against
nor denied attendance to school if the pupil's parents chose not to
have the pupil comply with the school uniform policy. The governing
board shall continue to have responsibility for the appropriate
education of those pupils.
(g) A policy adopted pursuant to this section shall not preclude
pupils that participate in a nationally recognized youth organization
from wearing organization uniforms on days that the organization has
a scheduled meeting.
35183.3. Notwithstanding any other provision of law, a person shall
have the right to wear a dress uniform issued to him or her by a
branch of the United States Armed Forces while participating in the
graduation ceremony for his or her high school if that person meets
both of the following requirements:
(a) He or she has fulfilled all of the requirements of this code
for receiving a diploma of graduation from high school, and is
otherwise eligible to participate in the graduation ceremony.
(b) He or she has completed basic training for, and is an active
member of, a branch of the United States Armed Forces.
35183.5. (a) (1) Each schoolsite shall allow for outdoor use during
the schoolday, articles of sun-protective clothing, including, but
not limited to, hats.
(2) Each schoolsite may set a policy related to the type of
sun-protective clothing, including, but not limited to, hats, that
pupils will be allowed to use outdoors pursuant to paragraph (1).
Specific clothing and hats determined by the school district or
schoolsite to be gang-related or inappropriate apparel may be
prohibited by the dress code policy.
(b) (1) Each schoolsite shall allow pupils the use of sunscreen
during the schoolday without a physician's note or prescription.
(2) Each schoolsite may set a policy related to the use of
sunscreen by pupils during the schoolday.
(3) For purposes of this subdivision, sunscreen is not an
over-the-counter medication.
(4) Nothing in this subdivision requires school personnel to
assist pupils in applying sunscreen.
35184. (a) Notwithstanding any other provision of law, the
governing board of a high school district may enter into a contract
with the governing board of any of its feeder elementary school
districts to provide instruction at the schools of the high school
district to all or a portion of the pupils enrolled in the sixth
grade at the contracting elementary school district.
(b) For the purpose of computing allowances and apportionments
pursuant to Chapter 4 (commencing with Section 41600) and Article 2
(commencing with Section 42230) of Chapter 7 of Part 24, the
contracting elementary school shall continue to report average daily
attendance for those sixth grade pupils. Upon receipt of any funds
allocated to the elementary school district based upon the average
daily attendance reported for those sixth grade pupils, the
contracting elementary school district shall transfer those moneys to
the contracting high school district.
35185. A school district may require proof of registration pursuant
to Article 8.2 (commencing with Section 12620) of Chapter 6 of
Division 3 of Title 2 of the Government Code, as a condition to
agreement to enroll that student.
35186. (a) A school district shall use the uniform complaint
process it has adopted as required by Chapter 5.1 (commencing with
Section 4600) of Title 5 of the California Code of Regulations, with
modifications, as necessary, to help identify and resolve any
deficiencies related to instructional materials, emergency or urgent
facilities conditions that pose a threat to the health and safety of
pupils or staff, teacher vacancy or misassignment, and intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12.
(1) A complaint may be filed anonymously. A complainant who
identifies himself or herself is entitled to a response if he or she
indicates that a response is requested. A complaint form shall
include a space to mark to indicate whether a response is requested.
If Section 48985 is otherwise applicable, the response, if requested,
and report shall be written in English and the primary language in
which the complaint was filed. All complaints and responses are
public records.
(2) The complaint form shall specify the location for filing a
complaint. A complainant may add as much text to explain the
complaint as he or she wishes.
(3) Except as provided pursuant to paragraph (4), a complaint
shall be filed with the principal of the school or his or her
designee. A complaint about problems beyond the authority of the
school principal shall be forwarded in a timely manner but not to
exceed 10 working days to the appropriate school district official
for resolution.
(4) A complaint regarding any deficiencies related to intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12 shall be submitted to
the district official designated by the district superintendent. A
complaint may be filed at the school district office, or it may be
filed at the schoolsite and shall be immediately forwarded to the
designee of the district superintendent.
(b) The principal or the designee of the district superintendent,
as applicable, shall make all reasonable efforts to investigate any
problem within his or her authority. The principal or designee of the
district superintendent shall remedy a valid complaint within a
reasonable time period but not to exceed 30 working days from the
date the complaint was received. The principal or designee of the
district superintendent shall report to the complainant the
resolution of the complaint within 45 working days of the initial
filing. If the principal makes this report, the principal shall also
report the same information in the same timeframe to the designee of
the district superintendent.
(c) A complainant not satisfied with the resolution of the
principal or the designee of the district superintendent has the
right to describe the complaint to the governing board of the school
district at a regularly scheduled hearing of the governing board. As
to complaints involving a condition of a facility that poses an
emergency or urgent threat, as defined in paragraph (1) of
subdivision (c) of Section 17592.72, a complainant who is not
satisfied with the resolution proffered by the principal or the
designee of the district superintendent has the right to file an
appeal to the Superintendent, who shall provide a written report to
the state board describing the basis for the complaint and, as
appropriate, a proposed remedy for the issue described in the
complaint.
(d) A school district shall report summarized data on the nature
and resolution of all complaints on a quarterly basis to the county
superintendent of schools and the governing board of the school
district. The summaries shall be publicly reported on a quarterly
basis at a regularly scheduled meeting of the governing board of the
school district. The report shall include the number of complaints by
general subject area with the number of resolved and unresolved
complaints. The complaints and written responses shall be available
as public records.
(e) The procedure required pursuant to this section is intended to
address all of the following:
(1) A complaint related to instructional materials as follows:
(A) A pupil, including an English learner, does not have
standards-aligned textbooks or instructional materials or
state-adopted or district-adopted textbooks or other required
instructional material to use in class.
(B) A pupil does not have access to instructional materials to use
at home or after school.
(C) Textbooks or instructional materials are in poor or unusable
condition, have missing pages, or are unreadable due to damage.
(2) A complaint related to teacher vacancy or misassignment as
follows:
(A) A semester begins and a teacher vacancy exists.
(B) A teacher who lacks credentials or training to teach English
learners is assigned to teach a class with more than 20-percent
English learner pupils in the class. This subparagraph does not
relieve a school district from complying with state or federal law
regarding teachers of English learners.
(C) A teacher is assigned to teach a class for which the teacher
lacks subject matter competency.
(3) A complaint related to the condition of facilities that pose
an emergency or urgent threat to the health or safety of pupils or
staff as defined in paragraph (1) of subdivision (c) of Section
17592.72 and any other emergency conditions the school district
determines appropriate and the requirements established pursuant to
subdivision (a) of Section 35292.5.
(4) A complaint related to the provision of intensive instruction
and services pursuant to paragraphs (4) and (5) of subdivision (d) of
Section 37254.
(f) In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom in each school in the school
district notifying parents, guardians, pupils, and teachers of the
following:
(1) There should be sufficient textbooks and instructional
materials. For there to be sufficient textbooks and instructional
materials each pupil, including English learners, must have a
textbook or instructional materials, or both, to use in class and to
take home.
(2) School facilities must be clean, safe, and maintained in good
repair.
(3) There should be no teacher vacancies or misassignments as
defined in paragraphs (2) and (3) of subdivision (h).
(4) Pupils who have not passed the high school exit examination by
the end of grade 12 are entitled to receive intensive instruction
and services for up to two consecutive academic years after
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first, pursuant to
paragraphs (4) and (5) of subdivision (d) of Section 37254. The
information in this paragraph, which is to be included in the notice
required pursuant to this subdivision, shall only be included in
notices posted in classrooms in schools with grades 10 to 12,
inclusive.
(5) The location at which to obtain a form to file a complaint in
case of a shortage. Posting a notice downloadable from the Internet
Web site of the department shall satisfy this requirement.
(g) A local educational agency shall establish local policies and
procedures, post notices, and implement this section on or before
January 1, 2005.
(h) For purposes of this section, the following definitions apply:
(1) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
(2) "Misassignment" means the placement of a certificated employee
in a teaching or services position for which the employee does not
hold a legally recognized certificate or credential or the placement
of a certificated employee in a teaching or services position that
the employee is not otherwise authorized by statute to hold.
(3) "Teacher vacancy" means a position to which a single
designated certificated employee has not been assigned at the
beginning of the year for an entire year or, if the position is for a
one-semester course, a position to which a single designated
certificated employee has not been assigned at the beginning of a
semester for an entire semester.
35181. The governing board of each school district may convene
hearings, make findings, and adopt and issue policy statements
setting forth the responsibilities of the pupils of that school
district regarding academic performance, attendance, in-school
behavior, and any other aspects of school life which the school
district governing board may deem relevant to this task.
35182. The governing board of any school district may market or
license any noneducational mainframe electronic data-processing
software developed by the school district to any person or any public
or private corporation or agency. Proceeds from the marketing or
licensing of noneducational mainframe electronic data-processing
software under this section shall be used exclusively for educational
purposes.
35182.5. (a) The Legislature finds and declares all of the
following:
(1) State and federal laws require all schools participating in
meal programs to provide nutritious food and beverages to pupils.
(2) State and federal laws restrict the sale of food and beverages
in competition with meal programs to enhance the nutritional goals
for pupils, and to protect the fiscal and nutritional integrity of
the school food service programs.
(3) Parents, pupils, and community members should have the
opportunity to ensure, through the review of food and beverage
contracts, that food and beverages sold on school campuses provide
nutritious sustenance to pupils, promote good health, help pupils
learn, provide energy, and model fit living for life.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Nonnutritious beverages" means any beverage that is not any
of the following:
(A) Drinking water.
(B) Milk, including, but not limited to, chocolate milk, soy milk,
rice milk, and other similar dairy or nondairy milk.
(C) An electrolyte replacement beverage that contains 42 grams or
less of added sweetener per 20 ounce serving.
(D) A 100 percent fruit juice, or fruit-based drink that is
composed of 50 percent or more fruit juice and that has no added
sweeteners.
(2) "Added sweetener" means any additive that enhances the
sweetness of the beverage, including, but not limited to, added
sugar, but does not include the natural sugar or sugars that are
contained within any fruit juice that is a component of the beverage.
(3) "Nonnutritious food" means food that is not sold as part of
the school breakfast or lunch program as a full meal, and that meets
any of the following standards:
(A) More than 35 percent of its total calories are from fat.
(B) More than 10 percent of its total calories are from saturated
fat.
(C) More than 35 percent of its total weight is composed of sugar.
This subparagraph does not apply to the sale of fruits or
vegetables.
(c) The governing board of a school district may not do any of the
following:
(1) Enter into or renew a contract or permit a school within the
district to enter into or renew a contract that grants exclusive or
nonexclusive advertising or grants the right to the exclusive or
nonexclusive sale of carbonated beverages or nonnutritious beverages
or nonnutritious food within the district to a person, business, or
corporation, unless the governing board of the school district does
all of the following:
(A) Adopts a policy after a public hearing of the governing board
to ensure that the district has internal controls in place to protect
the integrity of the public funds and to ensure that funds raised
benefit public education, and that the contracts are entered into on
a competitive basis pursuant to procedures contained in Section 20111
of the Public Contract Code or through the issuance of a Request for
Proposal.
(B) Provides to parents, guardians, pupils, and members of the
public the opportunity to comment on the contract by holding a public
hearing on the contract during a regularly scheduled board meeting.
The governing board shall clearly, and in a manner recognizable to
the general public, identify in the agenda the contract to be
discussed at the meeting.
(2) Enter into a contract that prohibits a school district
employee from disparaging the goods or services of the party
contracting with the school board.
(3) Enter into a contract or permit a school within the district
to enter into a contract for electronic products or services that
requires the dissemination of advertising to pupils, unless the
governing board of the school district does all of the following:
(A) Enters into the contract at a noticed public hearing of the
governing board.
(B) Makes a finding that the electronic product or service in
question is or would be an integral component of the education of
pupils.
(C) Makes a finding that the school district cannot afford to
provide the electronic product or service unless it contracts to
permit dissemination of advertising to pupils.
(D) Provides written notice to the parents or guardians of pupils
that the advertising will be used in the classroom or other learning
centers. This notice shall be part of the district's normal ongoing
communication to parents or guardians.
(E) Offers the parents the opportunity to request in writing that
the pupil not be exposed to the program that contains the
advertising. Any request shall be honored for the school year in
which it is submitted, or longer if specified, but may be withdrawn
by the parents or guardians at any time.
(d) A governing board may meet the public hearing requirement set
forth in subparagraph (B) of paragraph (1) of subdivision (c) for
those contracts that grant the right to the exclusive or nonexclusive
sale of carbonated beverages or nonnutritious beverages or
nonnutritious food within the district, by either of the following:
(1) Review of the contract at a public hearing by a Child
Nutrition and Physical Activity Advisory Committee established
pursuant to Section 49433 that has contract review authority for the
sale of food and beverages.
(2) (A) An annual public hearing to review and discuss existing
and potential contracts for the sale of food and beverages on
campuses, including food and beverages sold as full meals, through
competitive sales, as fundraisers, and through vending machines.
(B) The public hearing shall include, but not be limited to, a
discussion of all of the following:
(i) The nutritional value of food and beverages sold within the
district.
(ii) The availability of fresh fruit, vegetables, and grains in
school meals and snacks, including, but not limited to, locally grown
and organic produce.
(iii) The amount of fat, sugar, and additives in the food and
beverages discussed.
(iv) Barriers to pupil participation in school breakfast and lunch
programs.
(C) A school district that holds an annual public hearing
consistent with this paragraph is not released from the public
hearing requirements set forth in subparagraph (B) of paragraph (1)
of subdivision (c) for those contracts not discussed at the annual
public hearing.
(e) The governing board of the school district shall make
accessible to the public any contract entered into pursuant to
paragraph (1) of subdivision (c) and may not include in that contract
a confidentiality clause that would prevent a school or school
district from making any part of the contract public.
(f) The governing board of a school district may sell advertising,
products, or services on a nonexclusive basis.
(g) The governing board of a school district may post public signs
indicating the district's appreciation for the support of a person
or business for the district's education program.
(h) Contracts entered into prior to January 1, 2004, may remain in
effect, but may not be renewed if they are in conflict with this
section.
35183. (a) The Legislature finds and declares each of the
following:
(1) The children of this state have the right to an effective
public school education. Both students and staff of the primary,
elementary, junior and senior high school campuses have the
constitutional right to be safe and secure in their persons at
school. However, children in many of our public schools are forced to
focus on the threat of violence and the messages of violence
contained in many aspects of our society, particularly reflected in
gang regalia that disrupts the learning environment.
(2) "Gang-related apparel" is hazardous to the health and safety
of the school environment.
(3) Instructing teachers and administrators on the subtleties of
identifying constantly changing gang regalia and gang affiliation
takes an increasing amount of time away from educating our children.
(4) Weapons, including firearms and knives, have become common
place upon even our elementary school campuses. Students often
conceal weapons by wearing clothing, such as jumpsuits and overcoats,
and by carrying large bags.
(5) The adoption of a schoolwide uniform policy is a reasonable
way to provide some protection for students. A required uniform may
protect students from being associated with any particular gang.
Moreover, by requiring schoolwide uniforms teachers and
administrators may not need to occupy as much of their time learning
the subtleties of gang regalia.
(6) To control the environment in public schools to facilitate and
maintain an effective learning environment and to keep the focus of
the classroom on learning and not personal safety, schools need the
authorization to implement uniform clothing requirements for our
public school children.
(7) Many educators believe that school dress significantly
influences pupil behavior. This influence is evident on school
dressup days and color days. Schools that have adopted school
uniforms experience a "coming together feeling," greater school
pride, and better behavior in and out of the classroom.
(b) The governing board of any school district may adopt or
rescind a reasonable dress code policy that requires pupils to wear a
schoolwide uniform or prohibits pupils from wearing "gang-related
apparel" if the governing board of the school district approves a
plan that may be initiated by an individual school's principal,
staff, and parents and determines that the policy is necessary for
the health and safety of the school environment. Individual schools
may include the reasonable dress code policy as part of its school
safety plan, pursuant to Section 32281.
(c) Adoption and enforcement of a reasonable dress code policy
pursuant to subdivision (b) is not a violation of Section 48950. For
purposes of this section, Section 48950 shall apply to elementary,
high school, and unified school districts. If a schoolwide uniform is
required, the specific uniform selected shall be determined by the
principal, staff, and parents of the individual school.
(d) A dress code policy that requires pupils to wear a schoolwide
uniform shall not be implemented with less than six months' notice to
parents and the availability of resources to assist economically
disadvantaged pupils.
(e) The governing board shall provide a method whereby parents may
choose not to have their children comply with an adopted school
uniform policy.
(f) If a governing board chooses to adopt a policy pursuant to
this section, the policy shall include a provision that no pupil
shall be penalized academically or otherwise discriminated against
nor denied attendance to school if the pupil's parents chose not to
have the pupil comply with the school uniform policy. The governing
board shall continue to have responsibility for the appropriate
education of those pupils.
(g) A policy adopted pursuant to this section shall not preclude
pupils that participate in a nationally recognized youth organization
from wearing organization uniforms on days that the organization has
a scheduled meeting.
35183.3. Notwithstanding any other provision of law, a person shall
have the right to wear a dress uniform issued to him or her by a
branch of the United States Armed Forces while participating in the
graduation ceremony for his or her high school if that person meets
both of the following requirements:
(a) He or she has fulfilled all of the requirements of this code
for receiving a diploma of graduation from high school, and is
otherwise eligible to participate in the graduation ceremony.
(b) He or she has completed basic training for, and is an active
member of, a branch of the United States Armed Forces.
35183.5. (a) (1) Each schoolsite shall allow for outdoor use during
the schoolday, articles of sun-protective clothing, including, but
not limited to, hats.
(2) Each schoolsite may set a policy related to the type of
sun-protective clothing, including, but not limited to, hats, that
pupils will be allowed to use outdoors pursuant to paragraph (1).
Specific clothing and hats determined by the school district or
schoolsite to be gang-related or inappropriate apparel may be
prohibited by the dress code policy.
(b) (1) Each schoolsite shall allow pupils the use of sunscreen
during the schoolday without a physician's note or prescription.
(2) Each schoolsite may set a policy related to the use of
sunscreen by pupils during the schoolday.
(3) For purposes of this subdivision, sunscreen is not an
over-the-counter medication.
(4) Nothing in this subdivision requires school personnel to
assist pupils in applying sunscreen.
35184. (a) Notwithstanding any other provision of law, the
governing board of a high school district may enter into a contract
with the governing board of any of its feeder elementary school
districts to provide instruction at the schools of the high school
district to all or a portion of the pupils enrolled in the sixth
grade at the contracting elementary school district.
(b) For the purpose of computing allowances and apportionments
pursuant to Chapter 4 (commencing with Section 41600) and Article 2
(commencing with Section 42230) of Chapter 7 of Part 24, the
contracting elementary school shall continue to report average daily
attendance for those sixth grade pupils. Upon receipt of any funds
allocated to the elementary school district based upon the average
daily attendance reported for those sixth grade pupils, the
contracting elementary school district shall transfer those moneys to
the contracting high school district.
35185. A school district may require proof of registration pursuant
to Article 8.2 (commencing with Section 12620) of Chapter 6 of
Division 3 of Title 2 of the Government Code, as a condition to
agreement to enroll that student.
35186. (a) A school district shall use the uniform complaint
process it has adopted as required by Chapter 5.1 (commencing with
Section 4600) of Title 5 of the California Code of Regulations, with
modifications, as necessary, to help identify and resolve any
deficiencies related to instructional materials, emergency or urgent
facilities conditions that pose a threat to the health and safety of
pupils or staff, teacher vacancy or misassignment, and intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12.
(1) A complaint may be filed anonymously. A complainant who
identifies himself or herself is entitled to a response if he or she
indicates that a response is requested. A complaint form shall
include a space to mark to indicate whether a response is requested.
If Section 48985 is otherwise applicable, the response, if requested,
and report shall be written in English and the primary language in
which the complaint was filed. All complaints and responses are
public records.
(2) The complaint form shall specify the location for filing a
complaint. A complainant may add as much text to explain the
complaint as he or she wishes.
(3) Except as provided pursuant to paragraph (4), a complaint
shall be filed with the principal of the school or his or her
designee. A complaint about problems beyond the authority of the
school principal shall be forwarded in a timely manner but not to
exceed 10 working days to the appropriate school district official
for resolution.
(4) A complaint regarding any deficiencies related to intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12 shall be submitted to
the district official designated by the district superintendent. A
complaint may be filed at the school district office, or it may be
filed at the schoolsite and shall be immediately forwarded to the
designee of the district superintendent.
(b) The principal or the designee of the district superintendent,
as applicable, shall make all reasonable efforts to investigate any
problem within his or her authority. The principal or designee of the
district superintendent shall remedy a valid complaint within a
reasonable time period but not to exceed 30 working days from the
date the complaint was received. The principal or designee of the
district superintendent shall report to the complainant the
resolution of the complaint within 45 working days of the initial
filing. If the principal makes this report, the principal shall also
report the same information in the same timeframe to the designee of
the district superintendent.
(c) A complainant not satisfied with the resolution of the
principal or the designee of the district superintendent has the
right to describe the complaint to the governing board of the school
district at a regularly scheduled hearing of the governing board. As
to complaints involving a condition of a facility that poses an
emergency or urgent threat, as defined in paragraph (1) of
subdivision (c) of Section 17592.72, a complainant who is not
satisfied with the resolution proffered by the principal or the
designee of the district superintendent has the right to file an
appeal to the Superintendent, who shall provide a written report to
the state board describing the basis for the complaint and, as
appropriate, a proposed remedy for the issue described in the
complaint.
(d) A school district shall report summarized data on the nature
and resolution of all complaints on a quarterly basis to the county
superintendent of schools and the governing board of the school
district. The summaries shall be publicly reported on a quarterly
basis at a regularly scheduled meeting of the governing board of the
school district. The report shall include the number of complaints by
general subject area with the number of resolved and unresolved
complaints. The complaints and written responses shall be available
as public records.
(e) The procedure required pursuant to this section is intended to
address all of the following:
(1) A complaint related to instructional materials as follows:
(A) A pupil, including an English learner, does not have
standards-aligned textbooks or instructional materials or
state-adopted or district-adopted textbooks or other required
instructional material to use in class.
(B) A pupil does not have access to instructional materials to use
at home or after school.
(C) Textbooks or instructional materials are in poor or unusable
condition, have missing pages, or are unreadable due to damage.
(2) A complaint related to teacher vacancy or misassignment as
follows:
(A) A semester begins and a teacher vacancy exists.
(B) A teacher who lacks credentials or training to teach English
learners is assigned to teach a class with more than 20-percent
English learner pupils in the class. This subparagraph does not
relieve a school district from complying with state or federal law
regarding teachers of English learners.
(C) A teacher is assigned to teach a class for which the teacher
lacks subject matter competency.
(3) A complaint related to the condition of facilities that pose
an emergency or urgent threat to the health or safety of pupils or
staff as defined in paragraph (1) of subdivision (c) of Section
17592.72 and any other emergency conditions the school district
determines appropriate and the requirements established pursuant to
subdivision (a) of Section 35292.5.
(4) A complaint related to the provision of intensive instruction
and services pursuant to paragraphs (4) and (5) of subdivision (d) of
Section 37254.
(f) In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom in each school in the school
district notifying parents, guardians, pupils, and teachers of the
following:
(1) There should be sufficient textbooks and instructional
materials. For there to be sufficient textbooks and instructional
materials each pupil, including English learners, must have a
textbook or instructional materials, or both, to use in class and to
take home.
(2) School facilities must be clean, safe, and maintained in good
repair.
(3) There should be no teacher vacancies or misassignments as
defined in paragraphs (2) and (3) of subdivision (h).
(4) Pupils who have not passed the high school exit examination by
the end of grade 12 are entitled to receive intensive instruction
and services for up to two consecutive academic years after
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first, pursuant to
paragraphs (4) and (5) of subdivision (d) of Section 37254. The
information in this paragraph, which is to be included in the notice
required pursuant to this subdivision, shall only be included in
notices posted in classrooms in schools with grades 10 to 12,
inclusive.
(5) The location at which to obtain a form to file a complaint in
case of a shortage. Posting a notice downloadable from the Internet
Web site of the department shall satisfy this requirement.
(g) A local educational agency shall establish local policies and
procedures, post notices, and implement this section on or before
January 1, 2005.
(h) For purposes of this section, the following definitions apply:
(1) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
(2) "Misassignment" means the placement of a certificated employee
in a teaching or services position for which the employee does not
hold a legally recognized certificate or credential or the placement
of a certificated employee in a teaching or services position that
the employee is not otherwise authorized by statute to hold.
(3) "Teacher vacancy" means a position to which a single
designated certificated employee has not been assigned at the
beginning of the year for an entire year or, if the position is for a
one-semester course, a position to which a single designated
certificated employee has not been assigned at the beginning of a
semester for an entire semester.
