SECTIONS 48645-48646 - California Statutes

EDUCATION CODE

SECTION 48645-48646

48645. The purpose of this article is to provide for the
administration and operation of public schools in juvenile halls,
juvenile homes, day centers, juvenile ranches, juvenile camps,
regional youth educational facilities, or Orange County youth
correctional centers in existence and providing services prior to the
effective date of the amendments to this section made by the
Statutes of 1989, established pursuant to Article 23 (commencing with
Section 850), Article 24 (commencing with Section 880), Article 24.5
(commencing with Section 894) of Chapter 2 of Division 2, or Article
9 (commencing with Section 1850) of Chapter 1 of Division 2.5, of
the Welfare and Institutions Code or in any group home housing 25 or
more children placed pursuant to Sections 362, 727, and 730, of the
Welfare and Institutions Code or in any group home housing 25 or more
children and operating one or more additional sites under a central
administration for children placed pursuant to Section 362, 727, or
730 of the Welfare and Institutions Code, with acceptable school
structures at one or more centrally located sites to serve the single
or composite populations, and to provide the juvenile court school
pupils therein detained with quality education and training.
Nothing in this section shall be construed as indicating that it
is the intent of the Legislature to prevent juvenile court school
pupils who are housed in group homes from enrolling in regular public
schools, or that it is the intent of the Legislature to transfer the
responsibility for any costs associated with the operation of group
homes to the counties.
The Orange County Office of Education shall only provide
educational services in youth correctional centers for individuals up
to 19 years of age.

48645.1. Public schools or classes in any juvenile hall, juvenile
home, day center, juvenile ranch, juvenile camp, regional youth
educational facility, or Orange County youth correctional center in
existence and providing services prior to the effective date of the
amendments to this section made by the Statutes of 1989, established
in accordance with Article 23 (commencing with Section 850), Article
24 (commencing with Section 880), and Article 24.5 (commencing with
Section 894) of Chapter 2 of Division 2, or Article 9 (commencing
with Section 1850) of Chapter 1 of Division 2.5, of the Welfare and
Institutions Code, or in any group home housing 25 or more children
and operating one or more additional sites under a central
administration, with acceptable school structures at one or more
centrally located sites to serve the single or composite populations
of juvenile court school pupils detained therein in accordance with
the provisions of Section 362, 727, or 730 of the Welfare and
Institutions Code, shall be known as juvenile court schools.

48645.2. The county board of education shall provide for the
administration and operation of juvenile court schools established
pursuant to Section 48645.1:
(a) By the county superintendent of schools, provided that, in any
county in which the board of supervisors is establishing or
maintaining juvenile court schools on January 1, 1978, the county
superintendent of schools may contract with the board of supervisors
for the administration and operation of such schools if agreed upon
between the board of education and the board of supervisors. In any
event, the county superintendent of schools may contract with other
educational agencies for supporting services to the same extent that
school districts may contract with other such agencies.
(b) By contract with the respective governing boards of the
elementary, high school, or unified school district in which the
juvenile court school is located.

48645.3. Juvenile court schools shall be conducted in a manner as
shall be prescribed by the county board of education to best
accomplish the provisions of Section 48645. The minimum schoolday
shall be 240 minutes. Minimum schooldays shall be calculated on the
basis of the average number of minutes of attendance during not more
than 10 consecutive days in which classes are conducted. The minimum
schoolday for pupils in attendance in approved vocational education
programs, work programs prescribed by the probation department
pursuant to Section 883 of the Welfare and Institutions Code, and
work experience programs shall be 180 minutes, which shall be
calculated on the basis of the average number of minutes of
attendance during not more than 10 consecutive days in which classes
are conducted. The county board of education shall adopt and enforce
a course of study and evaluate its program in accordance with
Sections 51040, 51041, 51050, and 51054 and the provisions of Article
3 (commencing with Section 51200) of Chapter 2 of Part 28, except
subdivision (c) of Section 51220.
Juvenile court schools shall not be closed on any weekday of the
calendar year, except those weekdays adopted by the board of
education as school holidays or set aside by the board of education
for inservice purposes. However, the board of education may close
juvenile court schools when it deems such closing is necessary to
accommodate contingencies.

48645.5. Each public school district and county office of education
shall accept for credit full or partial coursework satisfactorily
completed by a pupil while attending a public school, juvenile court
school, or nonpublic, nonsectarian school or agency. The coursework
shall be transferred by means of the standard state transcript. If a
pupil completes the graduation requirements of his or her school
district of residence while being detained, the school district of
residence shall issue to the pupil a diploma from the school the
pupil last attended before detention or in the alternative, the
county superintendent of schools may issue the diploma.

48645.6. Plans for any juvenile court school classrooms, offices,
or any other school structures in any juvenile hall, juvenile home,
day center, juvenile ranch, or juvenile camp shall be approved by the
county board of education. Upon approval of the board of supervisors
and the county board of education, the cost of such structures shall
be a required charge against the funds of the county.
The cost of constructing or otherwise providing classrooms,
offices, or other onsite school structures in group homes or other
agencies housing children described in Sections 362, 727, and 730 of
the Welfare and Institutions Code shall be the responsibility of the
private agency. This contruction shall not entitle private agencies
to an increase in the foster care reimbursement rates available from
the State Department of Social Services or any other state agency. It
is the intent of the Legislature that nothing in this section shall
be construed to preclude the county boards of education or the
governing boards of school districts from entering into a contractual
agreement providing compensation to group homes for the use of
classrooms, offices, or other onsite school structures.

48646. (a) The Legislature encourages each county superintendent of
schools or governing board of a school district, as determined by
the county board of education pursuant to subdivision (b) of Section
48645.2, and the county chief probation officer to enter into a
memorandum of understanding or equivalent mutual agreement to support
a collaborative process for meeting the needs of wards of the court
who are receiving their education in juvenile court schools. The
memorandum of understanding or equivalent mutual agreement may
include, but is not limited to, a process for communication,
decisionmaking, mutually established goals, and conflict resolution.
The purpose of this memorandum of understanding or equivalent mutual
agreement is to develop a collaborative model that will foster an
educational and residential environment that nurtures the whole child
and consistently supports services that will meet the educational
needs of the pupils.
(b) A memorandum of understanding or equivalent mutual agreement
on providing educational and related services for juvenile court
school pupils developed in accordance with this section may include,
but is not limited to, the following provisions:
(1) Mutually developed goals and objectives that are reviewed
annually, including, but not limited to, the following:
(A) Building resiliency and strengthening life skills.
(B) Fostering prosocial attitudes and behaviors.
(C) Assigning pupils to appropriate classrooms based on their
educational needs.
(D) Ensuring regular classroom attendance.
(E) Providing clean, safe, and appropriate educational facilities.
(F) Improving academic achievement and vocational preparation.
(2) Clear delineation of responsibilities among the educational
and residential or custodial service providers.
(3) A process for communicating, collaborating, and resolving
conflicts. Whenever possible, resolution of issues shall be reached
by consensus through a collaborative process that would promote
decisionmaking at the site where services are delivered. A working
group charged with this responsibility may be appointed by the county
superintendent of schools, or the superintendent of the school
district with responsibility for providing juvenile court school
services, and the county chief probation officer, or their designees.
The working group is responsible for establishing and maintaining
open communication, collaboration, and resolution of issues that
arise.
(4) A clearly identified mechanism for resolving conflicts.
(5) A joint process for performing an intake evaluation for each
ward to determine educational needs and ability to participate in all
educational settings once the ward enters the local juvenile
facility. The process shall recognize the limitations on academic
evaluation and planning that can result from short-term placements.
The evaluation team shall include staff from the responsible
educational agency and the county probation department, and may
include other participants as appropriate, and as mutually agreed
upon by the education and probation members of the team. The
evaluation process specified in the memorandum of understanding or
equivalent mutual agreement may:
(A) Include a timeline for evaluation once a ward is assigned to a
local facility.
(B) Result in an educational plan for a ward while assigned to a
local juvenile facility that is integrated with other rehabilitative
and behavioral management programs, and that supports the educational
needs of the pupil.
It is the intent that this shared information about each ward
placed in a juvenile court school shall assist both the county
superintendent of schools and the county chief probation officer in
meeting the needs of wards in their care and promoting a system of
comprehensive services.
(c) The memorandum of understanding or equivalent mutual agreement
shall not cede responsibility or authority prescribed by statute or
regulation from one party to another party unless mutually agreed
upon by both parties.