Chapter 6: Student Programs and Instruction

A school district or charter school may admit a child, who will have his/her fifth birthday after September 2, to a transitional kindergarten at the beginning of or at any time during the school year with parental/guardian approval if: a) the governing board or body determines that the admittance is in the best interests of the child, and b) the parent/guardian is given information on the advantages and disadvantages and any other explanatory information on the effects of early admittance (Ed. Code, § 48000).

If a school district implements a language acquisition program pursuant to Education Code section 310, it must to the following: 1) comply with the kindergarten and grades 1-3, inclusive, class size requirements specified in Education Code section 42238.02 and (2) provide the parent or legal guardian of a minor pupil annually, or upon the pupil’s enrollment, with information on the types of language programs available to pupils enrolled in the school district, including, but not limited to, a description of each program.

The adopted course of study for grades 1 through 6 and instruction in grades 1through 8 in an elementary school must include physical education for not less than 200 minutes each ten school days, exclusive of recesses and the lunch period (Ed. Code, §§ 51210, 51223). A complaint of noncompliance may be filed under the District’s Uniform Complaint Procedures and Title 5 of the California Code of Regulations.

A parent or guardian has the right to excuse their child from comprehensive sexual health education and HIV prevention education. A parent or guardian who wishes to exercise this right must state their request in writing (Ed. Code, § 51938). A parent or guardian may inspect the written and audio visual educational materials used in comprehensive sexual health education and HIV/AIDS prevention education. Parents have a right to request that the District provide them with a copy of the California Healthy Youth Act (Ed. Code, § 51930 et. seq).

Parents or guardians shall be notified in writing if the District plans to administer an anonymous, voluntary, and confidential test, questionnaire, or survey containing age -appropriate questions about the pupils’ attitudes concerning or practices related to sex in grades 7 to 12 and given the opportunity to review the test, questionnaire or survey. A parent or guardian has the right to excuse their child from the test, questionnaire, or survey by stating their request in writing (Ed. Code, § 51938).

Every child’s parent will be notified prior to the commencement of any comprehensive sexual health education and HIV/AIDS prevention education instruction as to the date of such instruction and whether the instruction will be taught by District personnel or by outside consultants. If outside consultants are used, the name of the organization of each guest speaker will be identified.

Upon written request of a parent, a pupil may be excused from any part of instruction in health which conflicts with the parent(s)’ religious training or beliefs (including personal moral convictions) (Ed. Code, § 51240).

Parents shall be notified in advance of career counseling and course selection commencing with course selection in Grade 7, to promote sex equity and allow parents to participate in counseling sessions and decisions (Ed. Code,§ 221.5(d)).

The Every Student Succeeds Act (ESSA) took full effect in 2018 to replace the No Child Left Behind Act in modifying the Elementary and Secondary Education Act of 1965 (ESEA). If updates are provided by the California Department of Education, the following parent notice requirements may change and new notice requirements may be added.

• Information Regarding Professional Qualifications of Teachers, Paraprofessionals, and Aides: Upon request, parents have a right to information regarding the professional qualifications of their student’s classroom teachers, paraprofessionals, and aides. This includes whether the teacher meets the state qualifications and licensing criteria for the grades and subjects he/she teachers, whether the teacher is teaching under an emergency permit or other provisional status because of special circumstances, the major or field of discipline for any degrees or certifications held by the teacher, and whether any instructional aides or paraprofessionals provide services to the parents’ child and, if so, their qualifications. In addition, parents have a right to notice when the parent’s child has been taught for four or more weeks by a teacher who is not highly qualified. (ESEA § 1111(h)(6) (as amended by ESSA))
• Information Regarding Individual Student Reports on Statewide Assessments: Upon request, parents have a right to information on the level of achievement of their student on every State academic assessment administered to the student (ESEA § 1111(h)(6) (as amended by ESSA)).
• School Identified for School Improvement: The Act requires notice be given to parents of limited English proficient students regarding limited English proficiency programs, not later than 30 days after the beginning of the school year (or, for students identified later in the school year, within two weeks). Notice includes: the reasons for the identification of the student as limited English proficient; the need for placement in a language instruction educational program; the student’s level of English proficiency and how such level was assessed; the status of the student’s academic achievement; the methods of instruction used in the available programs; how the recommended program will meet the student’s needs; the exit requirements for the program; how the program meets the objectives of the student’s IEP, if applicable, and; parent options for removing a student from a program and/or declining initial enrollment (Section 1112(e)(3)(A) of the ESEA, as amended by ESSA).
• Limited English Proficient Students: The Act requires notice be given to parents of limited English proficient students regarding limited English proficiency programs, not later than 30 days after the beginning of the school year (or, for students identified later in the school year, within two weeks). Notice includes: the reasons for the identification of the student as limited English proficient; the need for placement in a language instruction educational program; the student’s level of English proficiency and how such level was assessed; the status of the student’s academic achievement; the methods of instruction used in the available programs (including content, instructional goals, and the use of English and native language); how the recommended program will meet the student’s educational strengths and needs; how the program will specifically help the student learn English and meet age-appropriate academic achievement standards; the exit requirements for the program; how the program meets the objectives of the student’s IEP, if applicable; and, parent options for removing a student from a program, declining initial enrollment and/or choosing another program (ESEA § 1112(g)(1)(A) (as amended by ESSA)). In addition, the notice shall include whether the student is a long- term English learner or English learner at risk of becoming a long-term English Learner and the manner in which the program will meet the needs of a child identified as either a long-term English learner or English learner at risk of becoming a long-term English Learner (Ed. Code, § 313.2). The information provided above is available upon request from each child’s school or the district office. Additional notices that may be required under the No Child Left Behind Act shall be sent separately (20 U.S.C. §§ 6301 et seq.).

Parents/guardians may request a hard copy of the School Accountability Report Card which is issued annually for each school of the District (Ed. Code, § 35256).

The District may help pay for all or part of the costs of one or more advanced placement examinations that are charged to economically disadvantaged students (Ed. Code, §§ 48980(k) and 52242).

A regional occupational center or program, county office of education program, or adult education program must meet specified requirements for certification by the Superintendent of Public Instruction in order to provide an employment training program for adults or to authorize an education program beyond secondary education that leads to a degree or certificate (Ed. Code, § 52334.7). A complaint alleging that a local agency violated federal or state laws or regulations governing adult education programs under Education Complaint Procedures and Title 5 of the California Code of Regulations. A complaint alleging that a county office of education violated federal or state laws or regulations governing the county office’s participation in any student financial assistance program authorized by Title IV may also be filed under the Uniform Complaint Procedures and Title 5 of the California Code of Regulations.