Education Code

§ 1 Division 1, Title 1, Part 1, Chapter 1, Article 1 This code shall be known as the Education Code. (Amended by Stats. 1976, Ch. 1011.) § 2 Division 1, Title 1, Part 1, Chapter 1, Article 1 The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice. (Enacted by Stats. 1976, Ch. 1010.) § 3 Division 1, Title 1, Part 1, Chapter 1, Article 1 The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. (Enacted by Stats. 1976, Ch. 1010.) § 4 Division 1, Title 1, Part 1, Chapter 1, Article 1 Whenever reference is made to any portion of this code or of any other law of this state, such reference applies to all amendments and additions now or hereafter made. (Enacted by Stats. 1976, Ch. 1010.) § 5 Division 1, Title 1, Part 1, Chapter 1, Article 1 Title, division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1976, Ch. 1010.) § 6 Division 1, Title 1, Part 1, Chapter 1, Article 1 If any provision of this code, or the application thereof to any person or circumstances is held invalid, the remainder of the code, and the application of such provision to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1976, Ch. 1010.) § 7 Division 1, Title 1, Part 1, Chapter 1, Article 1 Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Stats. 1976, Ch. 1010.) § 8 Division 1, Title 1, Part 1, Chapter 1, Article 1 Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the provisions of the code giving the authority. (Enacted by Stats. 1976, Ch. 1010.) § 9 Division 1, Title 1, Part 1, Chapter 1, Article 1 The time in which any act provided by this code is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded. (Enacted by Stats. 1976, Ch. 1010.) § 10 Division 1, Title 1, Part 1, Chapter 1, Article 1 Unless the provisions or the context otherwise requires these general provisions, rules of construction, and definitions shall govern the construction of this code. (Enacted by Stats. 1976, Ch. 1010.) § 11 Division 1, Title 1, Part 1, Chapter 1, Article 1 (a) For purposes of this code, “assessed value” means 25 percent of full value to, and including, the 1980–81 fiscal year, and 100 percent of full value for the 1981–82 fiscal year and fiscal years thereafter; and, tax rates shall be expressed in dollars, or fractions thereof, on each one hundred dollars ($100) of assessed value to, and including, the 1980–81 fiscal year and as a percentage of full value for the 1981–82 fiscal year and fiscal years thereafter. (b) Whenever this code requires comparison of assessed values, tax rates or property tax revenues for different years, the assessment ratios and tax rates shall be adjusted as necessary so that the comparisons are made on the same basis, and the same amount of tax revenues would be produced, or the same relative value of an exemption or subvention will be realized regardless of the method of expressing tax rates or the assessment ratio utilized. (c) For purposes of expressing tax rates on the same basis, a tax rate based on a 25 percent assessment ratio and expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value may be multiplied by a conversion factor of twenty-five hundredths of 1 percent to determine a rate comparable to a rate expressed as a percentage of full value; and, a rate expressed as a percentage of full value may be multiplied by a factor of 400 to determine a rate comparable to a rate expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value and based on a 25 percent assessment ratio. (Added by Stats. 1978, Ch. 1207.) § 20 Division 1, Title 1, Part 1, Chapter 1, Article 2 All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code shall continue to hold them according to their former tenure. (Enacted by Stats. 1976, Ch. 1010.) § 21 Division 1, Title 1, Part 1, Chapter 1, Article 2 No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1976, Ch. 1010.) § 22 Division 1, Title 1, Part 1, Chapter 1, Article 2 No rights given by any license or certificate under any act repealed by this code are affected by the enactment of this code or by such repeal, but such rights shall hereafter be exercised according to the provisions of this code. (Enacted by Stats. 1976, Ch. 1010.) § 23 Division 1, Title 1, Part 1, Chapter 1, Article 2 All persons who, at the time this code goes into effect, are entitled to a certificate or credential under any act repealed by this code, are thereby entitled to a certificate or credential under the provisions of this code so far as the provisions of this code are applicable. (Enacted by Stats. 1976, Ch. 1010.) § 30 Division 1, Title 1, Part 1, Chapter 1, Article 3 (a) English shall be the basic language of instruction in all schools. (b) The governing board of a school district, or community college district, and any private school may determine when and under what circumstances instruction may be given bilingually. (c) It is the policy of the state to ensure the mastery of English by all pupils in the schools, provided that bilingual instruction may be offered in those situations when that instruction is educationally advantageous to the pupils. Bilingual instruction is authorized to the extent that it does not interfere with the systematic, sequential, and regular instruction of all pupils in the English language. (d) Pupils who are proficient in English and who, by successful completion of advanced courses in a world language or by other means, have become fluent in that language may be instructed in classes conducted in that world language. (e) (1) A community college may offer courses taught in languages other than English. Students may enroll in these courses without being required to concurrently enroll in an English as a Second Language (ESL) course. (2) Nothing in this section shall be construed to prohibit a community college student from enrolling in an ESL course, or preclude a community college from complying with the requirements set forth in subdivision (a) of Section 78221.5. (Amended by Stats. 2023, Ch. 559, Sec. 1. (AB 1096) Effective January 1, 2024.) § 30.5 Division 1, Title 1, Part 1, Chapter 1, Article 3 (a) Notwithstanding any other provision of law, bilingual education shall be defined as a system of instruction which builds upon the language skills of a pupil whose primary language is neither English nor derived from English. For purposes of this paragraph: (1) “Primary language” is a language, other than English or a language derived from English, which is the language the pupil first learned. (2) “Derived from English” means any dialect, idiom, or language derived from English. Both of the following shall be construed as being derived from English: (A) Any dialect, idiom, or language that has linguistic roots connected to English. (B) Any dialect, idiom, or language that has a syntax distinct from English, yet can be traced linguistically as derived from English. (b) A school district shall not utilize, as part of a bilingual education program, state funds or resources for the purpose of recognition of, or instruction in, any dialect, idiom, or language derived from English, as defined in paragraph (1). (Amended by Stats. 2001, Ch. 750, Sec. 1. Effective January 1, 2002.) § 50 Division 1, Title 1, Part 1, Chapter 1, Article 5 The public schools other than those supported exclusively by the state, are day and evening elementary, and day and evening secondary schools. (Enacted by Stats. 1976, Ch. 1010.) § 52 Division 1, Title 1, Part 1, Chapter 1, Article 5 The secondary schools of the state are designated as high schools, technical schools, and adult schools. (Amended by Stats. 1990, Ch. 1372, Sec. 5.) § 53 Division 1, Title 1, Part 1, Chapter 1, Article 5 The high schools of the state are designated as four-year high schools, junior high schools, senior high schools, continuation high schools, and evening high schools. Evening high schools may be designated as adult schools. (Enacted by Stats. 1976, Ch. 1010.) § 54 Division 1, Title 1, Part 1, Chapter 1, Article 5 Notwithstanding Section 1020 of the Government Code, any pupil attending a California public secondary school who is under the age of 18 years may serve on any board or commission established pursuant to this title or Title 2 (commencing with Section 33000) that includes members who are pupils or minors. (Added by Stats. 2018, Ch. 182, Sec. 1. (AB 1887) Effective August 24, 2018.) § 60 Division 1, Title 1, Part 1, Chapter 1, Article 6 The Superintendent of Public Instruction, Deputy and Assistant Superintendents of Public Instruction, secretary of the Superintendent of Public Instruction, members of the Board of Governors of the California Community Colleges, the Chancellor of the California Community Colleges, county superintendents of schools, school trustees, members of boards of education, secretaries and assistant secretaries of boards of education, city superintendents of schools, district superintendents of schools, assistant superintendents of schools, deputy superintendents of schools, principals of schools, and every other officer charged with the performance of duties under the provisions of this code may administer and certify oaths relating to officers or official matters concerning public schools. (Enacted by Stats. 1976, Ch. 1010.) § 70 Division 1, Title 1, Part 1, Chapter 1, Article 7 Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise. Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law. (Enacted by Stats. 1976, Ch. 1010.) § 71 Division 1, Title 1, Part 1, Chapter 1, Article 7 “Section” means a section of this code unless some other statute is specifically mentioned. (Enacted by Stats. 1976, Ch. 1010.) § 72 Division 1, Title 1, Part 1, Chapter 1, Article 7 The present tense includes the past and future tenses, and the future, the present. (Enacted by Stats. 1976, Ch. 1010.) § 73 Division 1, Title 1, Part 1, Chapter 1, Article 7 The masculine gender includes the feminine. (Enacted by Stats. 1976, Ch. 1010.) § 73.2 Division 1, Title 1, Part 1, Chapter 1, Article 7 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 27. (SB 1005) Effective January 1, 2017.) § 74 Division 1, Title 1, Part 1, Chapter 1, Article 7 The singular number includes the plural, and the plural, the singular. (Enacted by Stats. 1976, Ch. 1010.) § 75 Division 1, Title 1, Part 1, Chapter 1, Article 7 “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1976, Ch. 1010.) § 76 Division 1, Title 1, Part 1, Chapter 1, Article 7 “Oath” includes affirmation. (Enacted by Stats. 1976, Ch. 1010.) § 77 Division 1, Title 1, Part 1, Chapter 1, Article 7 “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. (Enacted by Stats. 1976, Ch. 1010.) § 78 Division 1, Title 1, Part 1, Chapter 1, Article 7 “Governing board” means board of school trustees, community college board of trustees, and city, and city and county board of education. (Enacted by Stats. 1976, Ch. 1010.) § 79 Division 1, Title 1, Part 1, Chapter 1, Article 7 “City superintendent of schools” includes the superintendent of schools of a district lying wholly or partly within a city and county. (Enacted by Stats. 1976, Ch. 1010.) § 80 Division 1, Title 1, Part 1, Chapter 1, Article 7 “Any school district” and “all school districts” mean school districts of every kind or class, except a community college district. (Enacted by Stats. 1976, Ch. 1010.) § 81 Division 1, Title 1, Part 1, Chapter 1, Article 7 “Union school district” means a district composed of two or more school districts situated in the same county. (Enacted by Stats. 1976, Ch. 1010.) § 82 Division 1, Title 1, Part 1, Chapter 1, Article 7 “Joint union school district” means a district composed of two or more school districts situated wholly or in part in different counties. (Enacted by Stats. 1976, Ch. 1010.) § 83 Division 1, Title 1, Part 1, Chapter 1, Article 7 A unified school district means a district maintaining grades kindergarten or 1 through 12. A unified district may comprise territory in more than one county. (Enacted by Stats. 1976, Ch. 1010.) § 84 Division 1, Title 1, Part 1, Chapter 1, Article 7 “City school district” includes a school district lying wholly or partly within a city and county. (Enacted by Stats. 1976, Ch. 1010.) § 85 Division 1, Title 1, Part 1, Chapter 1, Article 7 Whenever “high school district” is used in this code, unless a contrary intent appears, it includes union high school districts, joint union high school districts, and county high school districts. (Enacted by Stats. 1976, Ch. 1010.) § 86 Division 1, Title 1, Part 1, Chapter 1, Article 7 A high school district, other than a city high school district, comprising two or more elementary school districts lying wholly in the same county is a union high school district, and such designation shall be part of its name. (Enacted by Stats. 1976, Ch. 1010.) § 87 Division 1, Title 1, Part 1, Chapter 1, Article 7 A school district lying in more than one county is a joint school district. (Enacted by Stats. 1976, Ch. 1010.) § 88 Division 1, Title 1, Part 1, Chapter 1, Article 7 “State Board” or “state board” whenever used in this code means the State Board of Education, unless the context requires otherwise. (Added by Stats. 2005, Ch. 118, Sec. 1. Effective July 25, 2005.) § 89 Division 1, Title 1, Part 1, Chapter 1, Article 7 The word “department” whenever used in this code, unless the context otherwise requires, means the State Department of Education. (Amended by Stats. 1980, Ch. 1059, Sec. 1. Effective September 26, 1980.) § 90 Division 1, Title 1, Part 1, Chapter 1, Article 7 With respect to the personnel of school districts and other educational agencies, the terms “certificated” and “certified” have the same meaning. (Enacted by Stats. 1976, Ch. 1010.) § 91 Division 1, Title 1, Part 1, Chapter 1, Article 7 “World language” means any language other than English, including American Sign Language, and is synonymous with “foreign language.” (Added by Stats. 2018, Ch. 865, Sec. 2. (AB 2319) Effective January 1, 2019.) § 92 Division 1, Title 1, Part 1, Chapter 1, Article 7 “County” or “counties” as used in Sections 2300, 12300 to 12307, inclusive, 41000 to 41964, inclusive, 42100 to 42128, inclusive, 46000 to 46392, inclusive, 84000 to 84850.5, inclusive, and 85000 to 85430, inclusive, whichever are in effect, includes a city and county. (Amended by Stats. 1990, Ch. 1372, Sec. 7.) § 93 Division 1, Title 1, Part 1, Chapter 1, Article 7 Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such rules and regulations which are building standards, as defined in Section 18909 of the Health and Safety Code, shall be adopted pursuant to the provisions of Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the provision of this code under which the authority to adopt the specific building standard is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted prior to January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. (Enacted by Stats. 1979, Ch. 1152.) § 94 Division 1, Title 1, Part 1, Chapter 1, Article 7 “Frontier school district” means a school district that meets either of the following conditions: (a) The total number of pupils in average daily attendance at all of the schools served by the school district is fewer than 600. (b) Each county in which a school operated by the school district is located has a total population density fewer than 10 persons per square mile. (Added by Stats. 2022, Ch. 83, Sec. 1. (AB 2337) Effective January 1, 2023.) § 95 Division 1, Title 1, Part 1, Chapter 1, Article 7 “Superintendent” or “superintendent” whenever used in this code means the Superintendent of Public Instruction, unless the context requires otherwise. (Added by Stats. 2004, Ch. 896, Sec. 1. Effective September 29, 2004.) § 96 Division 1, Title 1, Part 1, Chapter 1, Article 7 “At-promise” has the same meaning as “at-risk,” as that term is generally understood, and consistent with federal law. (Added by Stats. 2019, Ch. 800, Sec. 1. (AB 413) Effective January 1, 2020.) § 97 Division 1, Title 1, Part 1, Chapter 1, Article 7 The term “emotional disturbance,” as defined in Section 300.8(c)(4) of Title 34 of the Code of Federal Regulations, and used throughout this code and the California Code of Regulations, as that term relates to the provision of special education services, may also be known as “emotional disability” under state law. (Added by Stats. 2024, Ch. 149, Sec. 1. (AB 2173) Effective January 1, 2025.) § 200 Division 1, Title 1, Part 1, Chapter 2, Article 1 It is the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, equal rights, and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies that will eliminate these discriminatory acts, including discrimination not just because of one protected trait, but also because of the combination of two or more protected bases. (Amended by Stats. 2024, Ch. 779, Sec. 3. (SB 1137) Effective January 1, 2025.) § 201 Division 1, Title 1, Part 1, Chapter 2, Article 1 (a) All pupils have the right to participate fully in the educational process, free from discrimination and harassment. (b) California’s public schools have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity. (c) Harassment on school grounds directed at an individual on the basis of personal characteristics or status creates a hostile environment and jeopardizes equal educational opportunity as guaranteed by the California Constitution and the United States Constitution. (d) There is an urgent need to prevent and respond to acts of hate violence and bias-related incidents that are occurring at an increasing rate in California’s public schools. (e) There is an urgent need to teach and inform pupils in the public schools about their rights, as guaranteed by the federal and state constitutions, in order to increase pupils’ awareness and understanding of their rights and the rights of others, with the intention of promoting tolerance and sensitivity in public schools and in society as a means of responding to potential harassment and hate violence. (f) It is the intent of the Legislature that each public school undertake educational activities to counter discriminatory incidents on school grounds and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds that impairs the access of pupils to equal educational opportunity. (g) It is the intent of the Legislature that this chapter shall be interpreted as consistent with Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 1981, et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the federal Equal Educational Opportunities Act (20 U.S.C. Sec. 1701, et seq.), the Unruh Civil Rights Act (Secs. 51 to 53, incl., Civ. C.), and the Fair Employment and Housing Act (Pt. 2.8 (commencing with Sec. 12900), Div. 3, Gov. C.), except where this chapter may grant more protections or impose additional obligations, and that the remedies provided herein shall not be the exclusive remedies, but may be combined with remedies that may be provided by the above statutes. (Added by renumbering Section 45 by Stats. 1998, Ch. 914, Sec. 5. Effective January 1, 1999.) § 202 Division 1, Title 1, Part 1, Chapter 2, Article 1 The Legislature finds and declares all of the following: (a) California reaffirms that its laws and public policy support accurate and inclusive education in all of California’s schools, including in all school districts, county offices of education, and charter schools. (b) The California Constitution protects pupils’ rights to share ideas and beliefs, including the right to receive information and knowledge, and guarantees pupils equal protection under the law. (c) Education is a fundamental right under the California Constitution. State statutes further place upon local educational agencies the affirmative obligation to combat bias against pupils within their schools. Under California law, California schools must create an equitable learning environment where all pupils, including lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils and Black, Indigenous, and other pupils of color feel welcome, including through honest discussions of racism, the history of slavery in our society and in California, and the diversity of gender and sexual orientation that reflects the lived reality of those pupils. (d) Accurate and inclusive education is essential to ensure the educational success of all pupils, including LGBTQ pupils and Black, Indigenous, and other pupils of color. (e) Restricting access to classroom and library materials because they feature LGBTQ people or were written by LGBTQ authors discriminates against LGBTQ people and constitutes censorship in violation of California law and policy. Similarly, efforts to categorically exclude topics related to race, ethnicity, gender, sexual orientation, or other protected characteristics, or of present or historical discrimination based on protected characteristics, from school library collections, curricula, or classroom discussions constitute censorship that violates California law and policy. (f) The Superintendent and other state officials and agencies have the authority to enforce federal and state laws that protect pupils from unlawful discrimination and harassment and that require local educational agencies to create an equitable learning environment for all pupils, regardless of race, ethnicity, gender, sexual orientation, or other protected characteristics. This authority includes the power to ensure that local educational agencies comply with laws supporting pupils’ right to receive accurate and inclusive education in California’s schools. (Added by Stats. 2023, Ch. 229, Sec. 1. (AB 1078) Effective September 25, 2023.) § 210 Division 1, Title 1, Part 1, Chapter 2, Article 2 The definitions in this article shall govern the use of the terms defined for purposes of this chapter. (Added by Stats. 1998, Ch. 914, Sec. 8. Effective January 1, 1999.) § 210.1 Division 1, Title 1, Part 1, Chapter 2, Article 2 “Disability” includes mental and physical disability as defined in Section 12926 of the Government Code. (Added by Stats. 2007, Ch. 569, Sec. 3. Effective January 1, 2008.) § 210.2 Division 1, Title 1, Part 1, Chapter 2, Article 2 “Disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code” includes any of the following: (a) Any combination of those characteristics. (b) A perception that the person has any of those characteristics or any combination of those characteristics. (c) A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics. (Amended by Stats. 2024, Ch. 779, Sec. 4. (SB 1137) Effective January 1, 2025.) § 210.3 Division 1, Title 1, Part 1, Chapter 2, Article 2 “Educational institution” means a public or private preschool, elementary, or secondary school or institution; the governing board of a school district; or any combination of school districts or counties recognized as the administrative agency for public elementary or secondary schools. (Added by renumbering Section 210.1 by Stats. 2007, Ch. 569, Sec. 2. Effective January 1, 2008.) § 210.7 Division 1, Title 1, Part 1, Chapter 2, Article 2 “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (Amended by Stats. 2011, Ch. 719, Sec. 4. (AB 887) Effective January 1, 2012.) § 211 Division 1, Title 1, Part 1, Chapter 2, Article 2 “Governing board” means the governing board of a school district. (Amended by Stats. 1998, Ch. 914, Sec. 10. Effective January 1, 1999.) § 212 Division 1, Title 1, Part 1, Chapter 2, Article 2 “Nationality” includes citizenship, country of origin, and national origin. (Repealed and added by Stats. 2007, Ch. 569, Sec. 6. Effective January 1, 2008.) § 212.1 Division 1, Title 1, Part 1, Chapter 2, Article 2 (a) “Race or ethnicity” includes ancestry, color, ethnic group identification, and ethnic background. (b) “Race” is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. (c) “Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locs, and twists. (Amended by Stats. 2024, Ch. 619, Sec. 2. (AB 1815) Effective January 1, 2025.) § 212.3 Division 1, Title 1, Part 1, Chapter 2, Article 2 “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. (Added by Stats. 2007, Ch. 569, Sec. 8. Effective January 1, 2008.) § 212.5 Division 1, Title 1, Part 1, Chapter 2, Article 2 “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions: (a) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress. (b) Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual. (c) The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment. (d) Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution. (Amended by Stats. 1998, Ch. 914, Sec. 12. Effective January 1, 1999.) § 212.6 Division 1, Title 1, Part 1, Chapter 2, Article 2 “Sexual orientation” means heterosexuality, homosexuality, or bisexuality. (Added by Stats. 2007, Ch. 569, Sec. 9. Effective January 1, 2008.) § 213 Division 1, Title 1, Part 1, Chapter 2, Article 2 (a) “State financial assistance” means any funds or other form of financial aid appropriated or authorized pursuant to state law, or pursuant to federal law administered by any state agency, for the purpose of providing assistance to any educational institution for its own benefit or for the benefit of any pupils admitted to the educational institution. (b) State financial assistance shall include, but not be limited to, all of the following: (1) Grants of state property, or any interest therein. (2) Provision of the services of state personnel. (3) Funds provided by contract, tax rebate, appropriation, allocation, or formula. (Amended by Stats. 1998, Ch. 914, Sec. 14. Effective January 1, 1999.) § 214 Division 1, Title 1, Part 1, Chapter 2, Article 2 “State student financial aid” means any funds or other form of financial aid appropriated or authorized pursuant to state law, or pursuant to federal law administered by any state agency, for the purpose of providing assistance directly to any student admitted to an educational institution. State student financial aid shall include, but not be limited to, scholarships, loans, grants, or wages. (Amended by Stats. 1998, Ch. 914, Sec. 15. Effective January 1, 1999.) § 215 Division 1, Title 1, Part 1, Chapter 2, Article 2.5 (a) (1) The governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, shall, before the beginning of the 2017–18 school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention in grades 7 to 12, inclusive. The policy shall be developed in consultation with school and community stakeholders, school-employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention. (2) (A) The governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 6, inclusive, shall, before the beginning of the 2020–21 school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention in kindergarten and grades 1 to 6, inclusive. The policy shall be developed in consultation with school and community stakeholders, the county mental health plan, school-employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention. (B) The policy for pupils in kindergarten and grades 1 to 6, inclusive, shall be age appropriate and shall be delivered and discussed in a manner that is sensitive to the needs of young pupils. (C) The policy for pupils in kindergarten and grades 1 to 6, inclusive, shall be written to ensure proper coordination and consultation with the county mental health plan if a referral is made for mental health or related services on behalf of a pupil who is a Medi-Cal beneficiary. (3) The policy shall specifically address the needs of high-risk groups, including, but not limited to, all of the following: (A) Youth bereaved by suicide. (B) Youth with disabilities, mental illness, or substance use disorders. (C) Youth experiencing homelessness or youth in out-of-home settings, such as foster care. (D) Lesbian, gay, bisexual, transgender, or questioning youth. (4) (A) The policy shall also address any training on suicide awareness and prevention to be provided to teachers of pupils in all of the grades served by the local educational agency. (B) Materials approved by a local educational agency for training shall include how to identify appropriate mental health services, both at the schoolsite and within the larger community, and when and how to refer youth and their families to those services. (C) Materials approved for training may also include programs that can be completed through self-review of suitable suicide prevention materials. (D) On or before January 1, 2025, a local educational agency shall revise its training materials to incorporate best practices identified by the department in the department’s model policy. (E) Commencing with the 2024–25 school year, local educational agencies are encouraged to provide suicide awareness and prevention training to teachers of pupils in all of the grades served by the local educational agency. (5) The policy shall be written to ensure that a school employee acts only within the authorization and scope of the employee’s credential or license. Nothing in this section shall be construed as authorizing or encouraging a school employee to diagnose or treat mental illness unless the employee is specifically licensed and employed to do so. (6) (A) To assist local educational agencies in developing policies for pupil suicide prevention, the department shall develop and maintain a model policy in accordance with this section to serve as a guide for local educational agencies. (B) On or before June 1, 2024, the department shall complete the development of, and issue to local educational agencies, resources and guidance on how to conduct suicide awareness and prevention training remotely. (C) On or before July 1, 2026, the department shall update the model policy, described in subparagraph (A), to address crisis intervention protocols in the event of a pupil suicide crisis, including all of the following: (i) The process by which staff and external agencies are deployed to address a pupil suicide crisis. This protocol shall prioritize the use of school mental health professionals when addressing a pupil suicide crisis. If a school mental health professional is not available, the protocol may identify a school employee who has completed training pursuant to Section 49428.15 to provide a warm handoff to a mental health professional. If a trained school employee is not available to address the pupil suicide crisis, the protocol shall identify one or more community-based organizations, mobile crisis units, 988 services, or other qualified mental health professionals to be contacted in the event of a pupil suicide crisis. (ii) Involvement and notification of law enforcement, including law enforcement described in Section 832.3 of the Penal Code and Section 38000, shall be limited to situations in which a pupil’s life is in imminent danger and their needs cannot be addressed by a mental health professional. (iii) The assessment process that law enforcement officers should follow to determine whether the pupil experiencing a suicide crisis is endangered by parental notification. The pupil shall be informed if their parent or guardian is notified. (b) (1) The governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 12, inclusive, shall review, at minimum every fifth year, its policy on pupil suicide prevention and, if necessary, update its policy. (2) Nothing in this section shall prevent the governing board or body of a local educational agency from reviewing or updating its policy on pupil suicide prevention more frequently than every fifth year. (3) On or before January 1, 2025, the governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 12, inclusive, shall review and update its policy on pupil suicide prevention to incorporate best practices identified by the department in the department’s model policy. (4) On or after July 1, 2026, the governing board or body of a local educational agency shall update its pupil suicide prevention policy to include crisis intervention protocols that incorporates best practices identified in the department’s model policy during the next regularly scheduled review of the pupil suicide prevention policy. (5) When the governing board or body of a local educational agency reviews its policy on pupil suicide prevention, if the local educational agency does not have a school mental health professional or contract with a mental health professional, the governing board or body is encouraged to consider whether funding should be identified for purposes of hiring a school mental health professional. (c) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a county office of education, school district, state special school, or charter school. (2) “Mental health professional” means an individual licensed or registered, or an intern or associate working towards licensure, by the Board of Behavioral Sciences or the Board of Psychology in the Department of Consumer Affairs. (3) “Pupil suicide crisis” means any of the following: (A) A pupil who is exhibiting suicidal thoughts or behaviors. (B) A pupil who has completed a suicide risk assessment and is determined to be at risk of suicide. (C) A pupil who is attempting to physically harm themselves or others. (4) “School mental health professional” means a school employee with a clear or preliminary pupil personnel services credential with a specialization in school counseling, school social work, or school psychology, a credentialed school nurse, or a licensed, registered, or associate marriage and family therapist, professional clinical counselor, clinical social worker, educational psychologist, or psychologist under the supervision of a school employee with a pupil personnel services or administrative services credential. (Amended by Stats. 2024, Ch. 645, Sec. 1. (SB 1318) Effective January 1, 2025.) § 215.5 Division 1, Title 1, Part 1, Chapter 2, Article 2.5 (a) (1) Commencing July 1, 2025, a public school, including a charter school, or a private school that serves pupils in any of grades 7 to 12, inclusive, and that issues pupil identification cards shall have printed on either side of the pupil identification cards the number for the 988 Suicide and Crisis Lifeline. (2) Commencing October 1, 2020, a public school, including a charter school, or a private school that serves pupils in any of grades 7 to 12, inclusive, and that issues pupil identification cards shall have printed on either side of the pupil identification cards the telephone number for the National Domestic Violence Hotline: 1-800-799-7233. (3) Commencing July 1, 2025, a public school, including a charter school, or a private school that serves pupils in any of grades 7 to 12, inclusive, and that issues pupil identification cards may have printed on either side of the pupil identification card a quick response (QR) code that links to the mental health resources internet website of the county in which the public or private school is located. (4) Commencing July 1, 2026, a public school, including a charter school, that serves pupils in any of grades 7 to 12, inclusive, and that issues pupil identification cards shall have printed on either side of the pupil identification cards The Trevor Project’s LGBTQ+ suicide hotline that is available through both of the following options: (A) Telephone number: 1-866-488-7386. (B) Text line, which can be accessed by texting START to 678-678. (b) (1) Commencing July 1, 2019, a public or private institution of higher education that issues student identification cards shall have printed on either side of the student identification cards the telephone number described in subparagraph (A) and may have printed on either side of the student identification cards the text line described in subparagraph (B) and the telephone numbers described in subparagraphs (C) and (D): (A) The telephone number for the National Suicide Prevention Lifeline: 1-800-273-8255. (B) The Crisis Text Line, which can be accessed by texting HOME to 741741. (C) The campus police or security telephone number or, if the campus does not have a campus police or security telephone number, the local nonemergency telephone number. (D) A local suicide prevention hotline telephone number. (2) Commencing October 1, 2020, a public or private institution of higher education that issues student identification cards shall have printed on either side of the student identification cards the telephone number for either of the following: (A) The National Domestic Violence Hotline: 1-800-799-7233. (B) A local domestic violence hotline that provides confidential support services for students that have experienced domestic violence or stalking and is available by telephone 24 hours a day. (3) Commencing July 1, 2026, a public institution of higher education that issues student identification cards shall have printed on either side of the student identification cards The Trevor Project’s LGBTQ+ suicide hotline that is available through both of the following options: (A) Telephone number: 1-866-488-7386. (B) Text line, which can be accessed by texting START to 678-678. (c) (1) Notwithstanding subdivisions (a) and (b), if, as of January 1, 2020, a school subject to the requirements of subdivision (a), or a public or private institution of higher education subject to the requirements of subdivision (b), has a supply of unissued pupil or student identification cards that do not comply with the requirements of subdivision (a) or (b), as applicable, the school or the public or private institution of higher education shall issue those pupil or student identification cards until that supply is depleted. (2) Notwithstanding paragraph (1) of subdivision (a), if, as of July 1, 2025, a school subject to the requirement of paragraph (1) of subdivision (a) has a supply of unissued pupil identification cards that do not comply with the requirements of paragraph (1) of subdivision (a), the school shall issue those pupil identification cards until that supply is depleted. (d) Subdivisions (a) and (b) apply for a pupil or student identification card issued for the first time to a pupil or student, and to a pupil or student identification card issued to replace a damaged or lost pupil or student identification card. (e) This section shall become operative on July 1, 2025. (Amended (as added by Stats. 2024, Ch. 642, Sec. 2) by Stats. 2025, Ch. 483, Sec. 2. (AB 727) Effective January 1, 2026.) § 216 Division 1, Title 1, Part 1, Chapter 2, Article 2.5 (a) The Behavioral Health Services Oversight and Accountability Commission shall, in consultation with the department and the State Department of Public Health, develop an evidence based online training program that is accessible, free of charge, and available statewide to train school staff serving pupils in kindergarten or in any of grades 1 to 12, inclusive, pupils who are 13 years of age or older, and parents, guardians, or caregivers of pupils in kindergarten or in any of grades 1 to 12, inclusive, as part of the local educational agency’s policy on pupil suicide prevention adopted pursuant to subdivision (a) of Section 215. (b) In developing an online training program pursuant to subdivision (a), the Behavioral Health Services Oversight and Accountability Commission shall ensure all of the following: (1) The training program is evidence based, trauma informed, and culturally and linguistically competent. (2) The training program is consistent with the model pupil suicide prevention policy developed by the department pursuant to paragraph (5) of subdivision (a) of Section 215. (3) The training program addresses the needs of high-risk groups as specified in paragraph (3) of subdivision (a) of Section 215. (4) The training program can track aggregate, statewide usage. (5) The training program can assess trainee knowledge before and after training is provided in order to measure training outcomes. (c) For purposes of this section, “local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in kindergarten or in any of grades 1 to 12, inclusive. (Amended by Stats. 2026, Ch. 92, Sec. 1. (AB 2003) Effective July 16, 2026.) § 216.5 Division 1, Title 1, Part 1, Chapter 2, Article 2.5 (a) For purposes of this section, “local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in kindergarten or in any of grades 1 to 12, inclusive. (b) A local educational agency that conducts suicide risk screenings, including as provided under a school-linked behavioral health program or the local educational agency’s policy on pupil suicide prevention adopted pursuant to subdivision (a) of Section 215, shall report, on or before June 30, 2027, and June 30 annually thereafter, the number of pupils screened, and which screening instruments were used, for the reporting year, to the department. This section shall not be construed to require a local educational agency to conduct suicide risk screenings. (c) In collecting and reporting data pursuant to subdivision (b), the local educational agency shall ensure that data is reported in a deidentified, aggregate format that protects pupil privacy consistent with state and federal data privacy laws. (d) The department shall compile the data reported pursuant to this section through existing data reporting processes and post statewide aggregate data on its internet website to inform policy and program development. (Added by Stats. 2026, Ch. 92, Sec. 2. (AB 2003) Effective July 16, 2026.) § 217 Division 1, Title 1, Part 1, Chapter 2, Article 2.6 (a) (1) The department shall develop resources, or, as appropriate, update existing resources, for supports and community resources for the support of parents, guardians, and families of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils and strategies to increase support for LGBTQ pupils and thereby improve overall school and community climate. The resources shall be designed for use in schools operated by a school district or county office of education and charter schools serving pupils in grades 7 to 12, inclusive. (2) The department shall develop the supports and community resources for parents, guardians, and families of LGBTQ pupils in collaboration with parents, guardians, and families of, including, but not limited to, LGBTQ pupils. (b) The department shall periodically update the supports and community resources for the support of parents, guardians, and families of LGBTQ pupils to reflect changes in law. (c) (1) As used in this section, school-based supports and community resources for the support of parents, guardians, and families of LGBTQ pupils include, but are not limited to, all of the following: (A) Parents, guardians, and families of LGBTQ pupils support groups or affinity clubs and organizations. (B) Safe spaces for parents, guardians, and families of LGBTQ pupils. (C) Antibullying and harassment policies and related complaint procedures for parents, guardians, and families to access. (D) Counseling services. (E) School staff who have received antibias or other training aimed at supporting LGBTQ youth and their parents, guardians, and families. (F) Suicide prevention policies and related procedures for parents, guardians, and families to access. (2) As used in this section, community resources for the support of parents, guardians, and families of LGBTQ pupils include, but are not limited to, both of the following: (A) Local community-based organizations that provide support to parents, guardians, and families of LGBTQ youth. (B) Local physical and mental health providers with experience in treating and supporting parents, families, and guardians of LGBTQ youth. (Added by Stats. 2024, Ch. 95, Sec. 3. (AB 1955) Effective January 1, 2025.) § 218 Division 1, Title 1, Part 1, Chapter 2, Article 2.7 (a) No later than July 1, 2021, the department shall develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils and strategies to increase support for LGBTQ pupils and thereby improve overall school climate. The resources shall be designed for use in schools operated by a school district or county office of education and charter schools serving pupils in grades 7 to 12, inclusive. (b) The department shall periodically update the schoolsite and community resources for the support of LGBTQ pupils to reflect changes in law. (c) (1) As used in this section, schoolsite resources for the support of LGBTQ pupils include, but are not limited to, all of the following: (A) Peer support or affinity clubs and organizations. (B) Safe spaces for LGBTQ pupils. (C) Antibullying and harassment policies and related complaint procedures. (D) Counseling services. (E) School staff who have received antibias or other training aimed at supporting LGBTQ youth. (F) Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ youth. (G) Suicide prevention policies and related procedures. (H) Policies relating to use of school facilities, including, but not limited to, bathrooms and locker rooms. (I) Policies and procedures to protect the privacy of LGBTQ pupils. (2) As used in this section, community resources for the support of LGBTQ pupils include, but are not limited to, both of the following: (A) Local community-based organizations that provide support to LGBTQ youth. (B) Local physical and mental health providers with experience in treating and supporting LGBTQ youth. (Amended by Stats. 2023, Ch. 220, Sec. 2. (AB 5) Effective January 1, 2024.) § 218.3 Division 1, Title 1, Part 1, Chapter 2, Article 2.7 (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school, serving pupils in any of grades 7 to 12, inclusive. (b) (1) On or before July 1, 2025, the department shall finalize the development of an online training delivery platform and online training curriculum to support lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) cultural competency training for teachers and other certificated employees. (2) The department may use resources developed pursuant to Section 148 of Chapter 44 of the Statutes of 2021 or Provisions 47 to 49, inclusive, of Item 6100-001-0001 of Section 2.00 of the Budget Act of 2021 (Chapters 21, 69, and 240 of the Statutes of 2021) to meet the requirements of paragraph (1). (3) At a minimum, the training in paragraph (1) shall include information on all of the following topics: (A) The creation of safe and supportive learning environments for LGBTQ+ pupils, including those with multiple intersecting identities, including, but not limited to, those who are members of the LGBTQ+ community, members of communities of color, immigrants, or people living with the human immunodeficiency virus. (B) Identifying LGBTQ+ youth who are subject to, or may be at risk of, bullying and lack of acceptance at home or in their communities. (C) The provision of targeted support services to LGBTQ+ youth, including counseling services. (D) Requirements regarding school antibullying and harassment policies, and complaint procedures. (E) Requirements regarding suicide prevention policies and related procedures. (F) Requirements regarding policies relating to use of school facilities, including, but not limited to, bathrooms and locker rooms. (G) Requirements regarding policies and procedures to protect the privacy of LGBTQ+ pupils. (H) The importance of identifying local, community-based organizations that provide support to LGBTQ+ youth. (I) The importance of identifying local physical and mental health providers with experience in treating and supporting LGBTQ+ youth. (J) The formation of peer support or affinity clubs and organizations. (K) The importance of school staff who have received antibias or other training aimed at supporting LGBTQ+ youth. (L) Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ+ youth. (c) Commencing with the 2025–26 school year, and continuing through the 2029–30 school year, a local educational agency shall provide and require at least one hour of training annually to all teachers and other certificated employees serving pupils in grades 7 to 12, inclusive, in a manner designed to cover the core elements of the curriculum developed pursuant to subdivision (b) over the five-year period. A teacher or certificated employee shall be exempt from the annual requirement if they completed the required training within the same year at another local educational agency in this state. All of the following shall apply to the training under this section: (1) A local educational agency may provide the training using the online training curriculum and platform pursuant to subdivision (b) or with in-service training using the resources developed by the department pursuant to Section 218 that meets the requirements of this section. (2) A local educational agency shall maintain records documenting both of the following: (A) The date that each employee satisfied the requirements of this section. (B) The name of the entity that provided the training. (3) Notwithstanding any other law, a local educational agency shall maintain the records required in paragraph (2) according to their local retention schedule after employees receive the training and make the records available to the department upon request, as part of the department’s annual compliance monitoring of state and federal programs. These records are public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (4) A local educational agency shall ensure that teachers and all other certificated employees complete the training required by this section on paid time during the employees’ regular work hours or designated professional development hours unless otherwise negotiated and mutually agreed upon with the employees’ exclusive representative. (5) Employees may complete training individually or as part of a group presentation and the training may be completed in shorter segments as long as the applicable hourly total requirement is met. (d) A local educational agency shall ensure that the in-service training it chooses to use as an alternative to the online training pursuant to paragraph (1) of subdivision (c) is substantially similar to and meets the same standards of the online training described in this section. (e) Nothing in this section shall prohibit a local educational agency from providing longer, more frequent, relevant in-service training to meet the online training standards, provided that it is mutually agreed to with the employee’s exclusive representative. (f) (1) The department shall monitor compliance with the training requirement pursuant to subdivision (c) through its existing annual compliance monitoring of state and federal programs. (2) Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the relevant policy and fiscal committees of the Legislature within nine months after the conclusion of the 2029–30 school year, summarizing the data collected through compliance monitoring over the five-year period, including the local educational agencies selected for monitoring and relevant compliance findings, if any, pursuant to this section. The department shall publicly post the report on its internet website. (3) The report required by paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code. (g) This section shall become inoperative on July 1, 2031, and, as of January 1, 2032, is repealed. (Added by Stats. 2023, Ch. 220, Sec. 3. (AB 5) Effective January 1, 2024. Inoperative July 1, 2031, by its own provisions. Repealed as of January 1, 2032, by its own provisions.) § 219 Division 1, Title 1, Part 1, Chapter 2, Article 2.7 (a) On or before July 1, 2024, the Superintendent shall convene an advisory task force to identify the needs of lesbian, gay, bisexual, transgender, queer, questioning, and plus (LGBTQ+) pupils and to make recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ pupil education and well-being, including, but not limited to, all of the following: (1) Pupil mental health and feelings of safety and support. (2) Inclusive and safe access to school facilities. (3) Inclusive instructional material and school curriculum. (4) Prevention of, response to, and oversight of, bullying and harassment to determine the effectiveness of policies and programs. (5) Inclusive participation in campus activities. (b) The advisory task force members shall include, at a minimum, 15 members representative of all of the following groups: (1) Eight pupils identifying as members of the LGBTQ+ community who are enrolled in a California high school. (2) One public school administrator currently employed by a local educational agency. (3) Two certificated public school teachers currently employed by a local educational agency. (4) Two mental health professionals, with a preference for those who practice LGBTQ+ affirming care. (5) One community LGBTQ+ advocate, with a preference for one with programmatic expertise. (6) One representative from the Office of Health Equity established by the State Department of Public Health. (c) (1) To the extent practicable, the members of the advisory task force shall represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of California’s LGBTQ+ community. (2) Members of the advisory task force shall be selected by the Superintendent or their designee. (d) (1) On or before January 1, 2026, the advisory task force shall report their findings and recommendations to the Legislature, the Superintendent, and the Governor. At the request of any member of the advisory task force, the report may include minority findings and recommendations. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code. (3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2023, Ch. 228, Sec. 1. (SB 857) Effective January 1, 2024.) § 220 Division 1, Title 1, Part 1, Chapter 2, Article 3 No person shall b