SECTIONS 54400-54407 - California Statutes

EDUCATION CODE

SECTION 54400-54407

54400. This chapter may be cited as the McAteer Act.

54401. The Legislature finds and declares that because of home,
community, environmental and other conditions which give rise to
language, cultural and economic disadvantages, the latent talents of
many minors in the elementary and secondary schools in the state
remain undiscovered and are not adequately developed by the general
educational programs afforded by the public school system and private
schools or school systems. It is the intent and purpose of the
Legislature to encourage the establishment and development, by local
officers and agencies of the public school system, of programs
directed to identifying those pupils affected by language, cultural,
and economic disadvantages who are potentially capable of completing
the regular courses of instruction leading to graduation from the
public elementary and secondary schools, and by special services,
techniques, and activities to stimulating their interest in
intellectual and educational attainment.
It is further recognized that to combat effectively the evils of
such disadvantage a comprehensive, communitywide and statewide
cooperative effort will be required together with a marshaling of all
public and private resources and aids which may be useful in the
endeavor. Securing cooperation, unity of action, and the
concentration and effective direction of available outside resources
and aids, public and private, should be an essential element of the
programs for compensatory education, at both the state and local
levels.
The Legislature finds that such special undertakings are essential
to the conservation and development of the cultural, economic and
intellectual resources of the state and nation. The provisions of
this chapter shall be liberally construed to carry out these intents
and purposes.
Nothing in this chapter shall be construed to sanction, perpetuate
or promote the racial or ethnic segregation of pupils in the public
schools.

54402. For purposes of this chapter, a "disadvantaged minor" is a
minor who is potentially academically able but scholastically
underachieving, and must compensate for inability to profit from the
normal educational program. He is a minor who:
(a) Is three years of age or more, but under 18 years of age and
has not graduated from high school.
(b) Is potentially capable of successfully completing a regular
educational program leading to graduation from the elementary or
secondary school in which he is enrolled or required to be enrolled.
(c) Is, because of home and community environment, subject to such
language, cultural, economic, and like disadvantages as will make
improbable his completion of the regular program leading to
graduation without special efforts on the part of school authorities,
over, above, and, in addition to those involved in providing the
regular educational programs, directed to the positive stimulation of
his potential.

54403. A "program of compensatory education" is an undertaking by
any school district maintaining any of grades kindergarten through
12, in the form prescribed by Article 2 (commencing with Section
54420) of this chapter, which is over, above, and in addition to the
regular educational programs of the district, having the purpose of
providing positive stimulation of the intellectual abilities of
disadvantaged minors, and which embodies a positive plan for the
identification of such minors. Participation in a program of
compensatory education under this chapter shall not preclude an
individual's participation in any other potentially beneficial
program which may be offered in the public school system or
otherwise.

54404. Each county superintendent of schools is authorized, upon
request, to provide consultative and coordination services for the
school districts under his jurisdiction which have established
programs of compensatory education under this chapter. Such activity
shall be financed through the county school service fund, and shall
be subject to budget review pursuant to Section 14050.

54405. (a) The State Board of Education may establish programs of
the following types:
(1) Establishment of new curricula or modification of existing
curricula in connection with the education and training of
prospective teachers, to incorporate instruction in methods and
techniques developed by competent authorities designed to enable
teachers effectively to teach disadvantaged children.
(2) Research and consultative work projects undertaken to assist
state and local public school agencies in carrying out their
responsibilities under this chapter.
(3) Independently, or in cooperation with any public or private
agency or organization, engaging in research and development
undertakings directed to overcoming disadvantage, together with
related activities involving evaluation, demonstration, and
dissemination of findings having to do with programs of compensatory
education.
(b) It is the intent and aim of the Legislature that the
University of California and the California State University
participate to the extent practicable with local public school
agencies and the State Board of Education in their endeavors under
this chapter. It is recommended that greater attention be devoted in
the training of teachers to their preparation in the techniques and
skills required to cope with the problems of disadvantaged children
at the preschool as well as the elementary and secondary level. The
University of California and the California State University are
urged to participate at the local level in the programs being
administered by the local public school authorities and agencies, and
to provide all technical and personnel services practicable.

54406. All compensatory preschool programs operated by school
districts, regardless of source of funds, shall be subject to the
regulations of the State Board of Education. The State Board of
Education is authorized to establish standards for all compensatory
preschool programs.

54407. The governing board of a school district, in its
application, may request waiver of the provisions of any section or
sections of this code for any compensatory education program if such
waiver is necessary to establish and operate a program for low-income
children. The need for a waiver shall be explained and justified in
the application. The Superintendent of Public Instruction, at the
discretion and upon recommendation of the Director of Compensatory
Education, with the approval of the State Board of Education, may
grant, in whole, or in part, any such request.