| Last Version Text |
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250AB__121695CHP</ns0:Id>
<ns0:VersionNum>95</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-21</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-03-10</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-05-27</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>PASSED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-07-14</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>PASSED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-06-27</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>ENROLLED</ns0:ActionText>
<ns0:ActionDate>2025-07-16</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>CHAPTERED</ns0:ActionText>
<ns0:ActionDate>2025-07-30</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>APPROVED</ns0:ActionText>
<ns0:ActionDate>2025-07-30</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>FILED</ns0:ActionText>
<ns0:ActionDate>2025-07-30</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>1216</ns0:MeasureNum>
<ns0:MeasureState>CHP</ns0:MeasureState>
<ns0:ChapterYear>2025</ns0:ChapterYear>
<ns0:ChapterType>CHP</ns0:ChapterType>
<ns0:ChapterSessionNum>0</ns0:ChapterSessionNum>
<ns0:ChapterNum>88</ns0:ChapterNum>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Committee on Education</ns0:AuthorText>
<ns0:Authors>
<ns0:Committee>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Committee on Education</ns0:Name>
</ns0:Committee>
</ns0:Authors>
<ns0:Title> An act to amend Sections 8208, 44256, 48901.7, and 51222 of the Education Code, relating to elementary and secondary education. </ns0:Title>
<ns0:RelatingClause>elementary and secondary education</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Elementary and secondary education: omnibus.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the holder of a single subject teaching credential or a standard secondary credential or a special secondary teaching credential who either (A) has completed specified coursework approved by the commission at a regionally accredited institution of higher education in any subject commonly taught in grades 7 to 12, inclusive, other than the subject for which the credentialholder is already certificated to teach, or (B) has been verified as having subject matter competence, as specified, for any subject commonly taught in grades 7 to 12, inclusive, other than the subject for which the credentialholder is already certificated to teach, to be eligible to have that subject
appear on their credential as an authorization to teach that subject.
</html:p>
<html:p>This bill would revise the above-described eligibility requirements for a credentialholder to have a subject appear on their credential as an authorized subject for the credentialholder teach by removing the qualification that the subject be one that the credentialholder is not already credentialed to teach.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law requires both the adopted course of study for grades 1 to 6, inclusive, to include physical education for a total period of time of not less of than 200 minutes each 10 schooldays, as specified, and the adopted course of study for grades 7 to 12, inclusive, to require all pupils to attend upon the courses of physical education for a total period of time of not less than 400 minutes each 10 schooldays, unless an alternate term schedule described below has been adopted or the pupil has been excused or exempted, as
provided.
</html:p>
<html:p>Existing law authorizes the governing board of a school district maintaining any of grades 6 to 12, inclusive, to adopt a policy providing for an alternate term schedule for physical education courses if certain conditions are met, including, among others, that pupils in grade 6 receive no less than 400 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 3,600 instructional minutes for the school year, and that pupils in grades 7 to 12, inclusive, receive no less than 800 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year.</html:p>
<html:p>This bill would clarify that the alternative term schedule minimum minute requirements are required to be calculated instead by schooldays.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This bill would correct cross references and references to entities.
</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_19622AB9-3629-40C2-93E4-26890F4FC94D">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8208.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended by Stats. 2024, Ch. 73, Sec. 7. [id_b048def9-3e0c-11ef-b069-b1769ac346c3]" ns3:type="locator">
Section 8208 of the
<ns0:DocName>Education Code</ns0:DocName>
, as amended by Section 7 of Chapter 73 of the Statutes of 2024, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_41F8DC1D-75F4-45F4-9660-514B08C81D39">
<ns0:Num>8208.</ns0:Num>
<ns0:LawSectionVersion id="id_0E1D5411-2C9D-4522-AA11-49E7B4671931">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A child is eligible for the part-day California state preschool program if both of the following requirements are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child is one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A two-year-old child and the California state preschool program has chosen to enroll the two-year-old child in accordance with the guidance developed pursuant to Section 8207.1.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A three-year-old child.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A four-year-old child.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Enrolled in kindergarten pursuant to Section 48000.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child’s family is one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A current aid recipient.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Income eligible.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Homeless.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
One that has children with exceptional needs, as defined in Section 8205.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other
child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other law, a part-day California state preschool program may provide services to children in families whose income is no more than 15 percent above
the income eligibility threshold, as described in Section 8213, after all eligible two-, three-, and four-year-old children have been enrolled. No more than 10 percent of children enrolled, calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding Section 8213, after all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), a part-day California state preschool program may provide services to two-, three-, and four-year-old children in families whose income is above the income eligibility threshold if those children are children with exceptional needs. Children receiving services pursuant to this paragraph shall not count towards the 10-percent limit in paragraph (2).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding any other law, after all otherwise eligible children have
been enrolled as provided in paragraphs (1) to (3), inclusive, a provider operating a part-day state preschool program within the attendance boundary of a public school, as set forth in Section 8217, may enroll two-, three-, and four-year-old children.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A part-day California state preschool program contracting agency shall certify eligibility and enroll families into their program within 120 calendar days prior to the first day of the beginning of the new preschool year. Subsequent to enrollment, a child shall be deemed eligible for a part-day California state preschool program for the remainder of the program year and for the following program year, as long as applicable age-eligibility requirements are met, as specified in Sections 8205 and 48000.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Commencing July 1, 2022, at least 5 percent of a part-day California state preschool program
contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in paragraph (1).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Agencies shall be fully funded for the percentage of enrollment specified in paragraph (1), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in paragraph (1) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in paragraph (1) with children with exceptional needs shall conduct community outreach to
special education partners to recruit additional children with exceptional needs into their programs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Any agency not meeting the applicable requirement described in clause (ii) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to clause (iii).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to paragraph (1).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The Superintendent shall create an ongoing waiver process for an agency not able to meet the requirement described in paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with
Section 1412(a)(5)(A) of Title 20 of the United States Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision, the department shall implement this subdivision through management bulletins or similar letters of instruction on or before December 31, 2022.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department shall initiate a rulemaking action to implement this subdivision on or before December 31, 2023.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A child is eligible for a full-day California state preschool program if all of the following requirements are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child is one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A two-year-old child and the California state preschool program has chosen to enroll the two-year-old child in accordance with the guidance developed pursuant to Section 8207.1.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A three-year-old child.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A four-year-old child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child’s family is one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A current aid recipient.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Income eligible.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Homeless.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
One whose children are recipients of child
protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
One that has children with exceptional needs, as defined in Section 8205.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on
Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child’s family needs the childcare services because of either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The child has been identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as one of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A recipient of protective services.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Being homeless.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The child’s parents are one of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Engaged in vocational training leading directly to a recognized trade, paraprofession, or profession.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Employed or seeking employment.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Seeking permanent housing for family stability.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
Incapacitated.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Commencing July 1, 2022, at least 5 percent of a full-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in subparagraph (A).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Agencies shall be fully funded for the percentage of enrollment specified in subparagraph (A), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in subparagraph (A) at any point during
the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in subparagraph (A) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Any agency not meeting the applicable requirement described in subclause (II) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to subclause (III).
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to subparagraph (A).
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The Superintendent shall create an ongoing waiver process for agencies not able to meet the requirement described in subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this paragraph, the department shall implement this paragraph through management bulletins or similar letters of instruction on or before December 31, 2022.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The department shall initiate a rulemaking action to implement this paragraph on or before December 31, 2023.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any other law, a full-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible two-, three-, and four-year-old children have been enrolled pursuant to paragraph (1). No more than 10 percent of children enrolled, as calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), after all families meeting the criteria specified in paragraphs (1) and (3) have been enrolled, a full-day California state preschool program may provide services to two-, three-, and four-year-old children in families who do not meet at least one of the criteria specified in subparagraph (C) of paragraph (1).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
After all otherwise eligible children have been enrolled as provided in paragraphs (1), (3), and (4), a provider operating a full-day California state preschool program within the attendance boundary of a public school as set forth in Section 8217 may enroll any two-, three-, or four-year-old child.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
With the exception of the age requirements and paragraphs (3) and (4), upon establishing initial eligibility or ongoing eligibility for full-day California state preschool program services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Section 8205.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility, as described in Section 8213, and the family’s ongoing eligibility for services shall at that time be recertified.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A family may, at any time, voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family’s fees, increase the family’s services, or extend the period of the family’s eligibility before recertification.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (d), a payment made by a preschool program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during that same period.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), the Superintendent or the Superintendent’s designated agent may seek to recover payments that are the result of fraud.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until
regulations are filed with the Secretary of State to implement subdivision (e), the department shall implement subdivision (e) through management bulletins or similar letters of instruction on or before December 31, 2022.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall initiate a rulemaking action to implement subdivision (e) on or before December 31, 2023.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The Superintendent shall establish guidelines according to which the director or a duly authorized representative of the California state preschool program will certify children as eligible for state reimbursement purposes.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_2F936F79-3191-4DDC-A59A-E7B754C40334">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8208.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Repealed (in Sec. 7) and added by Stats. 2024, Ch. 73, Sec. 8. [id_5b93899b-3e0c-11ef-b069-b1769ac346c3]" ns3:type="locator">
Section 8208 of the
<ns0:DocName>Education Code</ns0:DocName>
, as added by Section 8 of Chapter 73 of the Statutes of 2024, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_96377EFD-056E-40A8-99C3-6855D861B875">
<ns0:Num>8208.</ns0:Num>
<ns0:LawSectionVersion id="id_89745B6D-7934-4980-A712-537AFDCFB96C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A child is eligible for the part-day California state preschool program if both of the following requirements are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child is one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A three-year-old child.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A four-year-old child.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Enrolled in kindergarten pursuant to Section 48000.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child’s family is one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A current aid recipient.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Income eligible.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Homeless.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
One that has children with exceptional needs, as defined in Section 8205.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
One who has a member of its household who is
certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other law, a part-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible three- and four-year-old children have been enrolled. No more than 10 percent of children enrolled, calculated throughout the participating program’s entire contract, may be
filled by children in families above the income eligibility threshold.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding Section 8213, after all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), a part-day California state preschool program may provide services to three- and four-year-old children in families whose income is above the income eligibility threshold if those children are children with exceptional needs. Children receiving services pursuant to this paragraph shall not count towards the 10-percent limit in paragraph (2).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding any other law, after all otherwise eligible children have been enrolled as provided in paragraphs (1) to (3), inclusive, a provider operating a part-day state preschool program within the attendance boundary of a public school, as set forth in Section 8217, may enroll three- and four-year-old children.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A part-day California state preschool program contracting agency shall certify eligibility and enroll families into their program within 120 calendar days prior to the first day of the beginning of the new preschool year. Subsequent to enrollment, a child shall be deemed eligible for a part-day California state preschool program for the remainder of the program year and for the following program year, as long as applicable age-eligibility requirements are met, as specified in Sections 8205 and 48000.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Commencing July 1, 2022, at least 5 percent of a part-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department shall review data on compliance
and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in paragraph (1).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Agencies shall be fully funded for the percentage of enrollment specified in paragraph (1), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in paragraph (1) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in paragraph (1) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Any agency not meeting the applicable requirement described in
clause (ii) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to clause (iii).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to paragraph (1).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The Superintendent shall create an ongoing waiver process for an agency not able to meet the requirement described in paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision, the department shall implement this subdivision through management bulletins or similar letters of instruction on or before December 31, 2022.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department shall initiate a rulemaking action to implement this subdivision on or before December 31, 2023.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A child is eligible for a full-day California state preschool program if all of the following requirements are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child is one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A three-year-old child.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A four-year-old child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child’s family is one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A current aid recipient.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Income eligible.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Homeless.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
One that has children with exceptional needs, as defined in Section 8205.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other
child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child’s family needs the childcare services because of either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The child has
been identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as one of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A recipient of protective services.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Being homeless.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The child’s parents are one of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Engaged in vocational training leading directly to a recognized trade, paraprofession, or profession.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Engaged in
an educational program for English language learners or to attain a high school diploma or general educational development certificate.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Employed or seeking employment.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Seeking permanent housing for family stability.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
Incapacitated.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Commencing July 1, 2022, at least 5 percent of a full-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the
requirement described in subparagraph (A).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Agencies shall be fully funded for the percentage of enrollment specified in subparagraph (A), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in subparagraph (A) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in subparagraph (A) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Any agency not meeting the applicable requirement described in subclause (II) may be put on a conditional contract as described in Section 8314 unless they have applied and
been approved for a waiver pursuant to subclause (III).
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to subparagraph (A).
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The Superintendent shall create an ongoing waiver process for agencies not able to meet the requirement described in subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EmSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until
regulations are filed with the Secretary of State to implement this paragraph, the department shall implement this paragraph through management bulletins or similar letters of instruction on or before December 31, 2022.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The department shall initiate a rulemaking action to implement this paragraph on or before December 31, 2023.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any other law, a full-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible three- and four-year-old children have been enrolled pursuant to paragraph (1). No more than 10 percent of children enrolled, as calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), after all families meeting the criteria specified in paragraphs (1) and (3) have been enrolled, a full-day California state preschool program may provide services to three- and four-year-old children in families who do not meet at least one of the criteria specified in subparagraph (C) of paragraph (1).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
After all otherwise eligible children have been enrolled as provided in paragraphs (1), (3), and (4), a provider operating a full-day California state preschool program within the attendance boundary of a public school as set forth in Section 8217 may enroll any three- or four-year-old child.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
With the exception of the age requirements and paragraphs (3) and (4), upon establishing initial eligibility or ongoing eligibility for full-day California state
preschool program services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Section 8205.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility, as described in Section 8213, and the family’s ongoing
eligibility for services shall at that time be recertified.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A family may, at any time, voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family’s fees, increase the family’s services, or extend the period of the family’s eligibility before recertification.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (d), a payment made by a preschool program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during that same period.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), the Superintendent or the Superintendent’s
designated agent may seek to recover payments that are the result of fraud.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (e), the department shall implement subdivision (e) through management bulletins or similar letters of instruction on or before December 31, 2022.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall initiate a rulemaking action to implement subdivision (e) on or before December 31, 2023.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The Superintendent shall establish guidelines according to which the director or a duly authorized representative of the California state preschool program will certify
children as eligible for state reimbursement purposes.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2027.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_DE1FCAFD-5E3B-48F8-B33F-0CAA5E219F70">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'25.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'44256.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 44256 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_874B1502-5D61-4F64-9CC5-C50192F19FB0">
<ns0:Num>44256.</ns0:Num>
<ns0:LawSectionVersion id="id_9BD25F51-CBA6-43E7-88C7-C7F23F16C3D8">
<ns0:Content>
<html:p>Authorization for teaching credentials shall be of four basic kinds, as defined below:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Single subject instruction” means the practice of assignment of teachers and students to specified subject matter courses, as is commonly practiced in California high schools and most California junior high schools. The holder of a single subject teaching credential or a standard secondary credential or a special secondary teaching credential, as defined in this subdivision, who either (A) has completed 20 semester hours of coursework or 10 semester hours of upper division or graduate coursework approved by the commission at a regionally accredited institution of higher education in any subject commonly taught in grades 7 to 12, inclusive, or (B) has been verified as
having subject matter competence pursuant to paragraph (5) of subdivision (b) of Section 44259 for any subject commonly taught in grades 7 to 12, inclusive, shall be eligible to have this subject appear on the credential as an authorization to teach this subject. The commission, by regulation, may require that evidence of additional competence is a condition for instruction in particular subjects, including, but not limited to, world languages. The commission may establish and implement alternative requirements for additional authorizations to the single subject credential on the basis of specialized needs. For purposes of this subdivision, a special secondary teaching credential means a special secondary teaching credential issued on the basis of at least a baccalaureate degree, a student teaching requirement, and 24 semester units of coursework in the subject specialty of the credential.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, coursework
completed at a community or junior college that is regionally accredited by an accrediting agency listed in subparagraph (A) of paragraph (1) of subdivision (g) of Section 44203 or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may count toward the 20 semester hours requirement.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Multiple subject instruction” means the practice of assignment of teachers and students for multiple subject matter instruction, as is commonly practiced in California elementary schools and as is commonly practiced in early childhood education.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The holder of a multiple subject teaching credential or a standard elementary credential who either (A) has completed 20 semester hours of coursework or 10 semester hours of upper division or graduate coursework approved by the commission at a regionally
accredited institution of higher education in any subject commonly taught in grades 9 and below, or (B) has been verified as having subject matter competence pursuant to paragraph (5) of subdivision (b) of Section 44259 for any subject commonly taught in grades 9 and below, shall be eligible to have that subject appear on the credential as authorization to teach the subject in departmentalized classes in grades 9 and below. The governing board of a school district by resolution may authorize the holder of a multiple subject teaching credential or a standard elementary credential to teach any subject in departmentalized classes to a given class or group of pupils below grade 9, provided that the teacher has completed at least 12 semester units, or 6 upper division or graduate units, of coursework at a regionally accredited institution of higher education in each subject to be taught. The authorization shall be with the teacher’s consent. However, the commission, by regulation, may provide that evidence of
additional competence is necessary for instruction in particular subjects, including, but not limited to, world languages. The commission may establish and implement alternative requirements for additional authorizations to the multiple subject credential on the basis of specialized needs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this subdivision, coursework completed at a community or junior college that is regionally accredited by an accrediting agency listed in subparagraph (A) of paragraph (1) of subdivision (g) of Section 44203 or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may count toward the 20 semester hours or 12 semester units requirements.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Specialist instruction” means any specialty requiring advanced preparation or special competence, including, but not limited to, reading specialist, mathematics specialist,
specialist in special education, or early childhood education, and such other specialties as the commission may determine.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Designated subjects” means the practice of assignment of teachers and pupils to designated technical, trade, or career technical courses which courses may be part of a program of trade, technical, or career technical education.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C0631111-1CF6-4673-938C-AAECCCDAA996">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'27.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'48901.7.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 48901.7 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0C8472CD-B359-46A5-BFED-834F767496EE">
<ns0:Num>48901.7.</ns0:Num>
<ns0:LawSectionVersion id="id_ABC7FBA3-B428-4311-AA69-0BA51A114C7B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The governing board of a school district, a county board of education, and the governing body of a charter school shall, no later than July 1, 2026, develop and adopt, and shall update every five years, a policy to limit or prohibit the use by its pupils of smartphones while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school. The goal of the policy shall be to promote evidence-based use of smartphone practices to support pupil learning and well-being. The development of the policy shall involve significant stakeholder participation in order to ensure that the policies are responsive to the unique needs and desires of pupils, parents, and educators in each community. The policy may also
include enforcement mechanisms that limit access to smartphones.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), a pupil shall not be prohibited from possessing or using a smartphone under any of the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
In the case of an emergency, or in response to a perceived threat of danger.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When a teacher or administrator of the school district, county office of education, or charter school grants permission to a pupil to possess or use a smartphone, subject to any reasonable limitation imposed by that teacher or administrator.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
When a licensed physician and surgeon determines that the possession or use of a smartphone is necessary for the health or well-being of the pupil.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
When the possession or use of a smartphone is required in a pupil’s individualized education program.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupil’s online activities.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D8AA1D4C-B5EB-441F-BA91-3ED148AB9A7B">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'28.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'51222.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 51222 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F46790E0-5F5A-432C-BD27-EE7990888715">
<ns0:Num>51222.</ns0:Num>
<ns0:LawSectionVersion id="id_D0A98D63-0C51-452E-8E81-E79B9E9A9A69">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
All pupils, except pupils excused or exempted pursuant to Section 51241, shall be required to attend upon the courses of physical education for a total period of time of not less than 400 minutes each 10 schooldays, except as provided in subdivision (c). Any pupil may be excused from physical education classes during one of grades 10, 11, or 12 for not to exceed 24 clock hours in order to participate in automobile driver training. A pupil who is excused from physical education classes to enroll in driver training shall attend upon a minimum of 7,000 minutes of physical education instruction during such school year.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The governing board of each school district that maintains a high school and that elects to exempt pupils from required attendance in physical
education courses pursuant to paragraph (1) or (2) or both of subdivision (b) of Section 51241 shall offer those pupils so exempted a variety of elective physical education courses of not less than 400 minutes each 10 schooldays.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The governing board of a school district that maintains any of grades 6 to 12, inclusive, may adopt a policy providing for an alternate term schedule for physical education courses, which shall be deemed to satisfy the requirements of a course in physical education for purposes of subparagraph (F) of paragraph (1) of subdivision (a) of Section 51225.3, if all of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a pupil in grade 6, the pupil receives no less than 400 minutes of instruction every 10 schooldays for a semester of not fewer than 18 weeks during the regular school year, for a total of 3,600 instructional minutes for the
school year.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a pupil in grades 7 to 12, inclusive, the pupil receives no less than 800 minutes of instruction every 10 schooldays for a semester of not fewer than 18 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The physical education program is aligned with the physical education framework adopted by the state board in that it provides a sequential, articulated, age-appropriate program.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The physical education program complies with the course of study requirements of high school physical education programs specified in Article 3.1 (commencing with Section 10060) of Subchapter 1 of Chapter 10 of Division 1 of Title 5 of the California Code of Regulations, as applicable.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Pupils
are prepared for, and participate in, the physical performance testing required pursuant to Section 60800.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of subdivision (a) or (c) may be filed with a school district or county superintendent of schools pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A complainant not satisfied with the decision of a school district or county superintendent of schools may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written appeal decision within 60 days of the department’s receipt of the
appeal.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a school district or county superintendent of schools finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The Legislature finds and declares that neither the original provisions of this section, nor any subsequent amendments to it, were intended to create a private right of action. However, nothing in this subdivision shall restrict or expand the existing right of any party to seek relief from noncompliance with this section pursuant to a writ of mandate.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>
|