SECTIONS 48210-48216 - California Statutes

EDUCATION CODE

SECTION 48210-48216

48210. Children under six years of age are excluded from the public
schools, except as provided in this code.

48213. If a pupil is excluded from attendance pursuant to Section
120230 of the Health and Safety Code or Section 49451 of this code,
or if a principal or his or her designee determines that the
continued presence of the child would constitute a clear and present
danger to the life, safety, or health of a pupil or school personnel,
the governing board is not required to send prior notice of the
exclusion to the parent or guardian of the pupil. The governing board
shall send a notice of the exclusion as soon as is reasonably
possible after the exclusion.

48215. (a) No public elementary or secondary school shall admit, or
permit the attendance of, any child who is not a citizen of the
United States, an alien lawfully admitted as a permanent resident, or
a person who is otherwise authorized under federal law to be present
in the United States.
(b) Commencing January 1, 1995, each school district shall verify
the legal status of each child enrolling in the school district for
the first time in order to ensure the enrollment or attendance only
of citizens, aliens lawfully admitted as permanent residents, or
persons who are otherwise authorized to be present in the United
States.
(c) By January 1, 1996, each school district shall have verified
the legal status of each child already enrolled and in attendance in
the school district in order to ensure the enrollment or attendance
only of citizens, aliens lawfully admitted as permanent residents, or
persons who are otherwise authorized under federal law to be present
in the United States.
(d) By January 1, 1996, each school district shall also have
verified the legal status of each parent or guardian of each child
referred to in subdivisions (b) and (c), to determine whether such
parent or guardian is one of the following:
(1) A citizen of the United States.
(2) An alien lawfully admitted as a permanent resident.
(3) An alien admitted lawfully for a temporary period of time.
(e) Each school district shall provide information to the State
Superintendent of Public Instruction, the Attorney General of
California, and the United States Immigration and Naturalization
Service regarding any enrollee or pupil, or parent or guardian,
attending a public elementary or secondary school in the school
district determined or reasonably suspected to be in violation of
federal immigration laws within forty-five days after becoming aware
of an apparent violation. The notice shall also be provided to the
parent or legal guardian of the enrollee or pupil, and shall state
that an existing pupil may not continue to attend the school after
ninety calendar days from the date of the notice, unless legal status
is established.
(f) For each child who cannot establish legal status in the United
States, each school district shall continue to provide education for
a period of ninety days from the date of the notice. Such ninety day
period shall be utilized to accomplish an orderly transition to a
school in the child's country of origin. Each school district shall
fully cooperate in this transition effort to ensure that the
educational needs of the child are best served for that period of
time.

48216. (a) The county office of education or the governing board of
the school district of attendance shall exclude any pupil who has
not been immunized properly pursuant to Chapter 1 (commencing with
Section 120325) of Part 2 of Division 105 of the Health and Safety
Code.
(b) The governing board of the district shall notify the parent or
guardian of the pupil that they have two weeks to supply evidence
either that the pupil has been properly immunized, or that the pupil
is exempted from the immunization requirement pursuant to Section
120365 or 120370 of the Health and Safety Code.
(c) The governing board of the district, in the notice, shall
refer the parent or guardian of the pupil to the pupil's usual source
of medical care to obtain the immunization, or if no usual source
exists, either refer the parent or guardian to the county health
department, or notify the parent or guardian that the immunizations
will be administered at a school of the district.