SECTIONS 48410-48416 - California Statutes

EDUCATION CODE

SECTION 48410-48416

48410. There are exempted from compulsory attendance in continuing
education classes as otherwise required by Sections 48400 and 48402,
persons who:
(a) Have been graduated from a high school maintaining a four-year
course above the eighth grade of the elementary schools, or who have
had an equal amount of education in a private school or from a
private tutor.
(b) Are in attendance upon a public or private full-time day
school, or satisfactory part-time classes maintained by other
agencies.
(c) Are disqualified for attendance in these classes because of
their physical or mental condition, or because of personal services
that must be rendered to their dependents.
(d) Are satisfactorily attending a regional occupational program
or center as provided in Section 48432.
(e) Have successfully demonstrated proficiency equal to or greater
than standards established by the State Department of Education
pursuant to Section 48412, and have verified approval submitted by
their parent or guardian.
(f) Are subject to Section 48400 but not Section 48402 and are in
attendance upon classes for adults for not less than four clock hours
per calendar week.
(g) Are exempt from compulsory school attendance under Section
48231.

48412. (a) Any person 16 years of age or older, or who has been
enrolled in the 10th grade for one academic year or longer, or who
will complete one academic year of enrollment in the 10th grade at
the end of the semester during which the next regular examination
will be conducted, shall be permitted to have his or her proficiency
in basic skills taught in public high schools verified according to
criteria established by the State Department of Education.
The State Board of Education shall award a "certificate of
proficiency" to persons who demonstrate that proficiency. The
certificate of proficiency shall be equivalent to a high school
diploma, and the State Department of Education shall keep a permanent
record of the issuance of all the certificates.
(b) The State Department of Education shall develop standards of
competency in basic skills taught in public high schools and shall
provide for the administration of examinations prepared by or with
the approval of the department to verify competency. Regular
examinations shall be held once in the fall semester and once in the
spring of every academic year on a date, as determined by the State
Department of Education, which will enable notification of examinees
and the schools they attend, if any, of the results thereof not later
than two weeks prior to the date on which that semester ends in a
majority of school districts which maintain high schools.
In addition to regular examinations, the State Department of
Education may, at the discretion of the Superintendent of Public
Instruction, conduct examinations for all eligible persons once
during each summer recess and may conduct examinations at any other
time that the superintendent deems necessary to accommodate eligible
persons whose religious convictions or physical handicaps prevent
their attending one of the regular examinations.
(c) The State Department of Education may charge a fee for each
examination application in an amount sufficient to recover the costs
of administering the requirements of this section. However, the fee
shall not exceed an amount equal to the cost of test renewal and
administration per examination application. All fees levied and
collected pursuant to this section shall be deposited in the State
Treasury for remittance to the current support appropriation of the
State Department of Education as reimbursement for costs of
administering this section. Any reimbursements collected in excess of
actual costs of administration of this section shall be transferred
to the unappropriated surplus of the General Fund by order of the
Director of Finance.
(d) The State Board of Education shall adopt rules and regulations
as are necessary for implementation of this section.
(e) The State Department of Education shall periodically review
the effectiveness of the examinations administered pursuant to this
section. The costs of this review may be recovered through the fees
levied pursuant to subdivision (c).

48413. Persons 16 years of age or older and under 18 years of age
who have not been graduated from high school shall be permitted by
the governing board to enroll in continuation classes conducted by
the school district pursuant to Article 3 (commencing with Section
48430) of this chapter if such enrollment does not preclude
attainment of the goals of continuation education schools and classes
prescribed in Article 3 (commencing with Section 48430) of this
chapter, as determined by the governing board. The provisions of
Article 5 (commencing with Section 48260) of Chapter 2 of this part
shall be applicable to such persons.

48414. Any person 16 or 17 years of age exempt from compulsory
continuation attendance laws by subdivision (e) of Section 48410 who
has terminated his enrollment on the basis of such exemption shall be
permitted by the governing board of the school district in which he
resides to reenroll in the district, without prejudice, as if he had
never taken advantage of subdivision (e) of Section 48410. If such
person subsequently again terminates enrollment on the basis of such
exemption, the district may deny him reenrollment until the beginning
of the next semester in the district's academic year.

48415. In the case of attendance upon private school, exemption
from the requirements of attendance upon compulsory continuation
education shall be valid only after verification by the attendance
supervisor of the district, or other person designated by the board
of education, that the private school has complied with the
provisions of Section 33190 requiring the annual filing by the owner
or other head of a private school of an affidavit or statement of
prescribed information with the Superintendent of Public Instruction.
The verification required by this section shall not be construed as
an evaluation, recognition, approval, or endorsement of any private
school or course.

48416. Notwithstanding any other provision of law, a child who, at
the time a leave of absence is to begin, will be between the ages of
16 and 18, inclusive, may take a leave of absence from compulsory
continuation education classes or, if exempted pursuant to
subdivision (b) of Section 48410, from the school that the child
attends, for a period of up to two semesters, if all the following
conditions are satisfied:
(a) The school district governing board adopts a written policy to
allow student leaves of absence consistent with this section.
(b) The purpose of the leave is supervised travel, study,
training, or work not available to the student under another
education option.
(c) A written agreement is entered into that is signed by the
child, the child's parent or guardian, the principal or
administrative officer of the school that the child would otherwise
attend, a classroom teacher familiar with the child's academic
progress selected by the child, and the district supervisor of child
welfare and attendance, and that provides for all of the following:
(1) The purpose of the leave.
(2) The length of time the child will be on leave.
(3) A meeting between or contact with the child and a school
official designated in the agreement at least once a month while the
child is on leave.
(4) A statement incorporating the provisions contained in
subdivision (b).
(d) The child shall be entitled to return to school at any time.
No child who takes a leave of absence shall be penalized from
completing his or her academic requirements within a time period
equal to that of classmates who did not take a leave of absence, plus
a period of time equal to the leave of absence. However, when a
child reenrolls at any time other than the beginning of a semester,
the school shall not be required to give makeup sessions during that
semester for the classes that the child has missed.
(e) A leave of absence may be extended for an additional semester
upon approval by all parties to the written agreement and the local
school attendance review board.
(f) No leave of absence may be taken that would continue past the
end of the school year in which the leave is taken.
(g) If the student does not contact the designated school official
as stipulated in the written agreement, the leave of absence shall
be nullified.
Any party to the written agreement may nullify the written
agreement for cause at any time.
(h) No more than 1 percent of the students enrolled and in
attendance at each school shall be permitted to take a leave of
absence during each academic year.