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CALIFORNIA STATUTES AND CODES

SECTIONS 1980-1986

EDUCATION CODE
SECTION 1980-1986
1980. A county board of education may establish and maintain one or more community schools. 1981. The county board of education may enroll in a community school pupils who are any of the following: (a) Expelled from a school district for any reason other than those specified in subdivision (a) or (c) of Section 48915. (b) Referred to county community schools by a school district as a result of the recommendation by a school attendance review board or pupils whose school districts of attendance have, at the request of the pupil's parent or guardian, approved the pupil's enrollment in a county community school. (c) (1) Probation-referred pursuant to Sections 300, 601, 602, and 654 of the Welfare and Institutions Code. (2) On probation or parole and not in attendance in any school. (3) Expelled for any of the reasons specified in subdivision (a) or (c) of Section 48915. (d) Homeless children. 1981.2. For purposes of this chapter, the term "homeless children" means either of the following: (a) A schoolaged child who lacks a fixed, regular, and adequate nighttime residence. (b) A schoolaged child who has a primary nighttime residence that is any of the following: (1) A supervised publicly or privately operated shelter designed to provide temporary living accommodations. (2) An institution that provides a temporary residence for individuals intended to be institutionalized. (3) A temporary, makeshift arrangement in the accommodations of other persons. (4) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. 1982. (a) County community schools shall be administered by the county superintendent of schools. For purposes of making apportionments from the State School Fund and the levying of local taxes, any attendance generated by pupils in county community schools in kindergarten or any of grades 1 to 12, inclusive, who are enrolled pursuant to subdivisions (a), (b), and (d) of Section 1981 as well as any attendance generated by pupils in county community schools in kindergarten or any of grades 1 to 6, inclusive, who are enrolled pursuant to paragraph (1) or (2) of subdivision (c) of Section 1981 shall be credited to the district of residence. School districts shall pay to the county for the purposes of the community schools the entire revenue limit for each average daily attendance credited pursuant to this section. No funds generated by average daily attendance credited pursuant to this section shall be retained by the district of residence. The county superintendent of schools may use funds derived from existing tax revenues to provide additional funding per pupil enrolled in county community schools but not to exceed the difference between the amount derived per pupil from the district and the amount available per pupil enrolled in juvenile court schools. (b) For the purposes of making apportionments from the State School Fund, pupils enrolled in county community schools pursuant to subdivision (c) of Section 1981 shall be deemed to be enrolled in a county juvenile hall or camp except pupils enrolled in kindergarten or any of grades 1 to 6, inclusive, who are enrolled pursuant to paragraph (1) or (2) of subdivision (c) of Section 1981. (c) For the purposes of this section, the county superintendent of schools providing educational services to homeless children shall be deemed to be the district of residence of those children. 1982.3. Any amounts received by a county superintendent of schools for revenue limit purposes that are derived from the average daily attendance generated by pupils enrolled in a community school shall be expended only for the purposes specified in subdivision (b) of Section 42238.18. 1982.5. Notwithstanding subdivision (b) of Section 1982, for purposes of making apportionments from the State School Fund, pupils enrolled in juvenile court schools because they were expelled pursuant to subdivision (a) of Section 48915 shall be deemed the same as pupils enrolled in county community schools pursuant to subdivision (a), (b), or (d) of Section 1981. 1983. (a) Pupils enrolled in county community schools shall be assigned to classes or programs deemed most appropriate for reinforcing or reestablishing educational development. (b) Such classes or programs may include, but need not be limited to, basic educational skill development, on-the-job training, tutorial assistance, independent study requirements, and individual guidance activities. (c) An individually planned educational program based upon an educational assessment shall be prescribed for each pupil. (d) The course of study of a county community school shall be adopted by the county board of education and shall enable each pupil to continue academic work leading to the completion of a regular high school program. 1983.5. Notwithstanding any other provision of law, apportionments claimed by a county office of education for units of average daily attendance for pupils enrolled pursuant to subdivision (c) of Section 1981 in excess of the number claimed by that county office in the 1991-92 fiscal year shall be funded at the statewide average revenue limit per unit of average daily attendance for that category of enrollment. This section does not apply to pupils enrolled in kindergarten or any of grades 1 to 6, inclusive, pursuant to paragraphs (1) or (2) of subdivision (c) of Section 1981. 1984. For the purposes of establishing and maintaining a county community school, a county board of education shall be deemed to be a school district. 1986. (a) The Legislature hereby recognizes that community schools are a permissive educational program. (b) If a county superintendent of schools elects to operate a community school pursuant to this chapter, he or she shall do one or more of the following: (1) Utilize available school facilities that conform to the requirements of Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations. (2) Apply for emergency portable classrooms pursuant to Section 17717.2 or Chapter 25 (commencing with Section 17785) of Part 10. (3) Enter into lease agreements provided that the facilities are limited to one of the following: (A) Single story, wood-framed structure. (B) Single story, light steel frame structure. (C) A structure where a structural engineer has submitted a report that determines substantial structural hazards do not exist. The county board of education shall review the report prior to approval of the lease and may reject the report if there is any evidence of fraud regarding the facts in the report. (c) Before entering into any lease pursuant to paragraph (3) of subdivision (b), the county superintendent of schools shall certify that all reasonable efforts have been made to locate community schools in facilities that conform to the structural safety standards listed in paragraph (1) of subdivision (b). (d) On or before September 1, 1993, and every three years thereafter, each county superintendent of schools shall report to the State Allocation Board on the facilities utilized for the operation of community schools and efforts to place community school programs in facilities that conform with the requirements of Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations. (e) This section shall become operative on July 1, 1990.

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