SECTIONS 48600-48618 - California Statutes

EDUCATION CODE

SECTION 48600-48618

48600. The purpose of this article is to provide for the operation
of 24-hour elementary schools, established pursuant to Article 27
(commencing with Section 940) of Chapter 2 of Part 1 of Division 1 of
the Welfare and Institutions Code, for minors between the ages of 8
and 16 years and to provide for the attendance, maintenance, care,
home supervision, guidance, observation, and education of minors
attending the schools, and to provide the minors with that
vocational, homemaking, mental, moral, physical, and other training
which will tend to strengthen and develop them and enable them to
become good and useful citizens. The staff of every 24-hour school
shall make adjustment as rapidly as possible in order that the period
of time the child is away from ordinary community life may be as
brief as possible. They shall place the minors in properly licensed
children's institutions where they will be assured of suitable
educational opportunities, and shall cooperate with child placement
agencies to this end and to stimulate proper care of the minors by
their parents.
For purposes of this article, the county superintendent of schools
has the primary authority to provide for the education and training
of minors in 24-hour schools within his or her county.

48601. This article shall be construed in conformity with the
intent as well as the express provisions thereof and shall confer
upon the county probation officer, and the county superintendent or
governing board, as the case may be, of any 24-hour school that may
be created authority to do all those lawful acts which it may deem
necessary to promote the prosperity of the school, or to promote the
well-being and education of all minors entrusted to its charge.

48602. The county superintendent of schools or the governing board
of the district, as the case may be, which shall have, in reference
to 24-hour schools, the same powers and duties which are now or may
hereafter be assigned by law for the management of other schools. A
24-hour school established by a school district maintaining
elementary schools shall be one of the public elementary schools of
the district. The average daily attendance of each such school shall
be reported to the Superintendent of Public Instruction for purposes
of allowances and apportionments from the State School Fund in the
manner otherwise prescribed by and pursuant to law.

48603. The cost of securing sites or constructing and equipping
buildings and in general the cost of housing and equipping any
24-hour school, including the necessary dormitories, dining halls,
and other living quarters for pupils and employees of the county or
the district shall be a charge against the funds of the county or
school district maintaining it. The county superintendent or
governing board of any district, as the case may be, may employ such
principals, assistants, teachers, and employees as it deems necessary
for the proper conduct of the 24-hour school and may pay them from
available funds. The expenses of lodging and boarding pupils residing
within the buildings of any 24-hour school shall be paid from the
sums received from contracts with the parents or guardians of the
pupils, or from the funds of the county within which the school is
located paid to the school district, if applicable, in pursuance of
court orders for the maintenance of pupils.

48604. The superintendent appointed pursuant to Section 942 of the
Welfare and Institutions Code may reside in the 24-hour school and
may be furnished suitable quarters, furniture, food, supplies, and
laundry for himself and his family. The county superintendent or
governing board of the district, as the case may be, may make
provision for the employment of such certificated personnel,
including a principal, and such classified personnel at such school
as may be necessary for the education and training of the minors
enrolled.

48605. Admission and discharge of minors with behavioral disorders
to programs provided under the provisions of this article shall be
made only on the basis of an individual evaluation according to
standards established by the State Board of Education and upon the
recommendation of an admissions committee which shall include a
teacher, a psychologist, a school nurse or social worker, a principal
or supervisor, an attendance supervisor, a licensed physician, a
representative of the probation department and a representative of
the social welfare department of the county in which the 24-hour
school is located.

48606. The board of admission, or some person or persons designated
by it, shall investigate the case of any child whose name is
submitted in writing accompanied by a signed statement for
consideration for admission to the school and shall make
recommendations in each case. The board of admission shall observe
the progress of each child, and shall advise and recommend his
release as soon as sufficient progress is indicated.

48607. The county superintendent or governing board, as the case
may be, maintaining a 24-hour school may accept in the school any
minor between the ages of 8 and 16 years who is a resident of the
county or the school district, as the case may be, whose parent or
guardian does not exercise proper care, supervision, and guidance
over him, or who is, by reason of insubordinate conduct, or refusal
to obey the rules and regulations of the school authorities, in need
of special educational training and discipline to prevent him from
becoming subject to the provisions of the juvenile court law. The
pupil may be assigned to the school by order of the county
superintendent or the superintendent of schools of the district, as
the case may be, approved in writing by the parent, or guardian in
compliance with the recommendation of the board of admission. If the
parent or guardian of the pupil enters into a contract with the
county or school district, as the case may be, for the support of the
pupil, he may be maintained in the school for the period of the
assignment.

48608. If the parent or guardian of the pupil refuses to enter into
a contract providing for the payment to the county or school
district, as the case may be, of a sum sufficient to meet the average
cost of maintaining a pupil within the school, including meals and a
reasonable sum for lodging, and if the presence of the child within
another school of the county or district, as the case may be, or
within its home is a menace to the future welfare of other children
or of the child itself, the county superintendent or superintendent
of schools of the district, as the case may be, shall cause to be
filed in the superior court of the county, acting in the department
of the court performing the functions of the juvenile court or in any
other court of competent jurisdiction, a complaint asking for an
order of the court, committing the child to the 24-hour school and
fixing the amount the parent or guardian shall pay for his
maintenance until such time as the county superintendent or
superintendent of schools of the district, as the case may be,
reports to the court that the best interests of the minor will be
served by his discharge from the school. A copy of the complaint
shall at the same time be furnished the parent or guardian. If the
parent or guardian is unable to pay the amount, the court may in the
order provide for the payment by the county of a sum sufficient to
cover the costs of maintenance of the child during the period of his
commitment to the school.

48609. The principal of any school in the county or district, as
the case may be, in which there has been established a 24-hour school
shall report to the county superintendent or superintendent of
schools of the district, as the case may be, after conference held
with the parent or guardian, any pupil in his school who he believes
comes within the provisions and intent of this article. This report
shall be in writing and shall set forth the facts upon which he
believes that the child comes within the provisions of this article.

48610. Any minor who has been placed in the care and control of the
24-hour school without the consent of the parent or guardian, shall
remain therein, if placed by order of the court, for the duration of
the period provided by the order, or until recommendation is made by
the admissions and discharge committee to the court requesting that
consideration be given the minor's release.

48611. If the minor has been placed in the 24-hour school by order
of the county superintendent or superintendent of schools of the
district, as the case may be, the parent or guardian with whose
consent the minor was placed in the school, upon application to the
county superintendent or superintendent of schools, as the case may
be, who placed him therein, may secure the release of the minor and
his restoration to the care, custody, and control of the parent or
guardian. The county superintendent or superintendent of the
district, as the case may be, shall require a written report from the
principal of the 24-hour school, giving the progress of the child
and the advisability of the release of the child from the 24-hour
school. If the report indicates that the minor is in need of further
care and treatment and that his release would be detrimental to his
own welfare or the welfare of others, the county superintendent or
superintendent of the district, as the case may be, may report the
minor to the juvenile court or other proper court for action.

48612. If, in the opinion of the principal of any 24-hour school,
the further detention of any minor is detrimental to the minor, the
minor may upon order of the principal be returned to the county
superintendent or superintendent of schools of the district, as the
case may be, in which the school is located or to the court which
committed him, as may seem necessary for the best interest of the
child.

48613. Any pupil who absents himself from any 24-hour elementary
school without permission being first obtained from the principal
shall be deemed an habitual truant within the meaning of Section 601
of the Welfare and Institutions Code, and dealt with as such.
Any person who contributes to the absence of any pupil from the
school without permission first having been obtained from the
principal, or advises, connives at, or aids or assists in such
absence or conceals any pupil after such absence is guilty of a
misdemeanor.

48614. The course of study for the pupils and the methods used in
enforcing the course of study shall be approved by the county
superintendent or the governing board of the district, as the case
may be. There shall also be provided in the schools the proper
facilities and equipment for vocational and trade training.

48615. Each 24-hour school may conduct clinics for the diagnosis
and observation of children and may advise parents and school
authorities regarding courses of study or treatment in the interests
of the normal development of any child and to prevent waywardness and
delinquency.

48616. The funding of the educational vocational program conducted
in a 24-hour school shall be in the manner described by Section 41703
when maintained by the county superintendent of schools.
Twenty-four-hour schools maintained by the county superintendent
shall be considered a necessary small school as defined by Section
41702.

48617. The county probation officer having management and control
of a 24-hour school may enter into a contract with any other county
or state agency to provide for the supervision, care and treatment of
the minors placed in the 24-hour school.

48618. The enrollment in each 24-hour school shall be limited to
the standards established under Section 56615.