Article 1 - General Provisions

California Education Code — §§ 33300-33319.6

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Sections (28)

Amended by Stats. 1980, Ch. 1059, Sec. 3. Effective September 26, 1980.

There is in the state government a State Department of Education. Any reference to the Department of Education shall be deemed to be a reference to the State Department of Education, unless the context otherwise requires.

Enacted by Stats. 1976, Ch. 1010.

The Department of Education shall be administered through:

(a)The State Board of Education which shall be the governing and policy determining body of the department.
(b)The Director of Education in whom all executive and administrative functions of the department are vested and who is the executive officer of the State Board of Education.

Enacted by Stats. 1976, Ch. 1010.

The Department of Education shall be conducted under the control of an executive officer known as the Director of Education.

Enacted by Stats. 1976, Ch. 1010.

The Superintendent of Public Instruction is ex officio Director of Education.

Enacted by Stats. 1976, Ch. 1010.

The provisions of Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3 of Title 2 of the Government Code, shall govern and apply to the conduct of the Department of Education in every respect as if such provisions were herein set forth at length.

Enacted by Stats. 1976, Ch. 1010.

Wherever in Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3 of Title 2 of the Government Code, the term “head of the department,” or similar designation occurs, it shall, for the purposes of Section 33304, of this code mean the Director of Education.

Enacted by Stats. 1976, Ch. 1010.

The Department of Education is the successor to, and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Board of Education as they existed on July 30, 1921, of the board of directors of the California School for the Deaf and the Blind, and of the several officers, deputies, and employees of such bodies and offices.

Enacted by Stats. 1976, Ch. 1010.

The Department of Education shall be in possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property, real or personal, now or hereafter held for the benefit of the bodies, offices, and officers whose duties, powers, purposes, responsibilities, and jurisdiction are transferred to and vested in the Department of Education.

Enacted by Stats. 1976, Ch. 1010.

The Department of Education shall administer and enforce all laws now or hereafter imposing any duty, power, or function upon any of the bodies, offices, officers, deputies, or employees transferred to the Department of Education under the provisions of Section 33306.

Added by Stats. 1991, Ch. 1102, Sec. 4.

The State Department of Education shall adopt guidelines to be disseminated to parents or guardians of pupils that describe the procedures that a parent or guardian can follow in filing a complaint of child abuse, as defined in Section 11165.6 of the Penal Code, with the school or a child protective services agency against a school employee or other person that commits an act of child abuse, as defined in Section 11165.6 of the Penal Code, against a pupil at a schoolsite.

Added by Stats. 1983, Ch. 498, Sec. 16. Effective July 28, 1983.

(a)Program guidelines issued by the State Department of Education shall be designed to serve as a model or example, and shall not be prescriptive. Program guidelines issued by the department shall include written notification that the guidelines are merely exemplary, and that compliance with the guidelines is not mandatory.
(b)The Superintendent of Public Instruction shall review all program guidelines prepared by the State Department of Education prior to issuance to local education agencies. The superintendent shall approve the proposed guidelines only if he or she determines that all of the following conditions are met:
(1)The guidelines are necessary.
(2)The department has the authority to issue the guidelines.
(3)The guidelines are clear and appropriately referenced to, and consistent with, existing statutes and regulations.

Enacted by Stats. 1976, Ch. 1010.

In addition to the Division of Libraries of the Department of Education, established by law, the State Board of Education may, upon recommendation of the Director of Education, establish such divisions as in the judgment of the board are necessary for the proper transaction of the business of the department.

Amended by Stats. 1997, Ch. 825, Sec. 9. Effective October 9, 1997.

The State Department of Education may sell any educational materials and directories related to its scope and duties.

Enacted by Stats. 1976, Ch. 1010.

When the Department of Education fixes the price of any publication, it shall specify the class of persons or institutions that may receive copies of the publication free of charge.

Enacted by Stats. 1976, Ch. 1010.

Any county, or any school district, in this state may purchase the publications described in Sections 33309 to 33313, inclusive, from the Department of Education.

Amended by Stats. 1996, Ch. 1158, Sec. 3. Effective September 30, 1996.

All moneys received from the sale of materials pursuant to Section 33310 of the Education Code shall be deposited in the State Treasury to the credit of the fund against which the cost of printing the publication was charged.

Enacted by Stats. 1976, Ch. 1010.

The State Board of Education may, upon recommendation of the Director of Education, establish in the Department of Education a school library consultant service to assist and advise local school districts in the establishment, development, and improvement of school libraries in the elementary and secondary schools of the state.

Amended by Stats. 2024, Ch. 665, Sec. 2. (AB 3074) Effective January 1, 2025.

(a)The Superintendent shall establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for educational programs specified in paragraph (1). The department shall review the regulations set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations pertaining to uniform complaint procedures and, on or before March 31, 2019, shall commence rulemaking proceedings to revise those regulations, as necessary, to conform to all of the following:
(1)The Uniform Complaint Procedures shall apply to all of the following:
(A)Adult

education programs established pursuant to Sections 8500 to 8538, inclusive, and Sections 52500 to 52617, inclusive.

(B)Consolidated categorical aid programs as listed in subdivision (a) of Section 64000.
(C)Migrant child education established pursuant to Sections 54440 to 54445, inclusive.
(D)Career technical and technical education and career technical and technical training programs established pursuant to Sections 52300 to 52462, inclusive.
(E)Childcare and development programs established pursuant to Sections 8200 to 8498, inclusive.
(F)The

filing of complaints that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group as identified under Sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by an educational institution, as defined in Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance.

(G)Lactation accommodations pursuant to Section 222.
(H)Educational rights of foster youth pursuant to Sections 48853, 48853.5, and 49069.5, and graduation requirements

for foster youth, homeless youth, and other youth pursuant to Section 51225.1.

(I)Pupil fees pursuant to Sections 49010 to 49013, inclusive.
(J)Courses of study pursuant to Section 51228.3.
(K)Instructional minutes for physical education pursuant to Section 51223.
(L)Local control and accountability plans pursuant to Section 52075.
(M)Juvenile court schools pursuant to Section 48645.7.
(N)School safety plans pursuant to Section 32289.
(O)Deficiencies related to preschool

health and safety issues for a California state preschool program pursuant to Section 8235.5.

(P)School or athletic team names, mascots, or nicknames pursuant to Section 221.3.
(Q)Any other state or federal educational program the Superintendent deems appropriate.
(2)As it pertains to child nutrition programs and established pursuant to Sections 49490 to 49570, inclusive, and special education programs established pursuant to Sections 56000 to 56865, inclusive, and Sections 59000 to 59300, inclusive, the Uniform Complaint Procedures shall expressly reference the federal provisions that govern complaints relative to these programs, as well as any additional applicable rules included within Title 5 of the

California Code of Regulations.

(3)The department shall develop a pamphlet for parents that will explain the Uniform Complaint Procedures in a user-friendly manner and post this pamphlet on the department’s internet website.
(4)Except for cases of complaints related to paragraph (2), a complainant who appeals a decision of a local educational agency under 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 to the department shall receive a written appeal decision within 60 days of the department’s receipt of the appeal, unless extended by written agreement with the complainant or the department documents exceptional circumstances and informs the complainant.
(5)Except for cases of complaints related to paragraph (2), for those complaints that are filed directly with the department under 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 and the department determines merit direct intervention, the department shall complete an investigation and provide a written decision to the complainant within 60 days of receipt of the complaint, unless the parties have agreed to extend the timeline or the department documents exceptional circumstances and informs the complainant.
(6)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, filed under 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, the local educational agency shall take corrective actions consistent with the requirements of existing law that will provide a remedy to the affected pupil, or, in the case of complaints related to subparagraphs (I), (J), (K), and (L) of paragraph (1), to all affected pupils, parents, and guardians. For corrective actions related to subparagraph (I), remedies shall, where applicable, include reasonable efforts by the public school to ensure full reimbursement.

(7)Information regarding the requirements of this section shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(b)The department may adopt emergency regulations pursuant to Section 11346.1 of the Government Code to satisfy the requirements of this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.
(c)Nothing in this section or those regulations adopted pursuant to this section shall prevent a local educational agency from using its local uniform complaint procedure to address complaints not listed in this section or those regulations.
(d)For purposes of this section, “local educational agency” has the same meaning as in Section 4600 of Title 5 of the California Code of

Regulations.

Added by Stats. 2025, Ch. 717, Sec. 1. (AB 935) Effective January 1, 2026.

(a)(1) Beginning July 1, 2026, upon receipt of a complaint that alleges unlawful discrimination, harassment, intimidation, or bullying received by the department pursuant to subparagraph (F) of paragraph (1) of subdivision (a) of Section 33315, the Superintendent shall collect all of the following information:

(A) The self-identified protected group of the complainant, if voluntarily provided.

(B) A description of the complaint received.

(C) Any action taken by the department in response to the complaint and the timeline for that action.

(D) The disposition of the complaint.

(2)The data collected pursuant to paragraph (1) shall be confidential and protected from public disclosure, including disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except that the information may be disclosable pursuant to that act to the same extent as the underlying complaint.
(b)(1) Beginning July 1, 2027, and annually thereafter, the department shall create and post on the department’s internet website a summary report of the information collected pursuant to subdivision (a).
(2)The summary report shall not contain any personally identifying information about any individual, and the information in

the report shall be sufficiently deidentified to prevent the identification of the individuals involved in the complaint.

(c)The collection, publication, and transmission of data required by this section shall comply with all applicable state and federal privacy laws.

Amended by Stats. 1988, Ch. 315, Sec. 2.

The State Department of Education shall do all of the following:

(a)Revise and update budget manuals, forms and guidelines.
(b)Cooperate with federal and state agencies in prescribing rules and regulations, and instructions required by those agencies.
(c)Assess the needs and methods of collecting and disseminating financial information.
(d)Conduct workshops and conferences for the purpose of training school district and county personnel.
(e)Provide consultant services to colleges and universities on courses of instruction relative to school budgets and accounting practices.
(f)For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of any certificated person who knowingly and willfully reports false fiscal expenditure data relative to the conduct of any educational program. This requirement applies only if, in the course of his or her normal duties, a representative of the State Department of Education discovers information that gives him or her reasonable cause to believe that false fiscal expenditure data relative to the conduct of any educational program has been reported.

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