ARTICLE 4. Notification of Parent or Guardian [48980 - 48986]
( Article 4 enacted by Stats. 1976, Ch. 1010. )
(a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of a minor pupil regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 46015, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and 51938 and Chapter 2.3 (commencing with Section 32255) of Part 19 of Division 1 of Title 1.
(b) The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9.
(c) The notification also shall advise the parents
and guardians of all pupils attending a school within the school district of the schedule of minimum days and pupil-free staff development days, and if minimum or pupil-free staff development days are scheduled thereafter, the governing board of the school district shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day.
(d) The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options, including, but not limited to, United States savings bonds.
(e) Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) of Chapter 3 of Part 19 of Division 1 of Title 1 shall inform parents or
guardians of the program as specified in Section 32390.
(f) The notification also shall include a copy of the written policy of the school district on sexual harassment established pursuant to Section 231.5, as it relates to pupils.
(g) The notification shall advise the parent or guardian of all existing statutory attendance options and local attendance options available in the school district. This notification component shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. This notification component also shall include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the school district for
requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification component also shall include an explanation of the existing statutory attendance options, including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, and subdivision (b) of Section 48204. The department shall produce this portion of the notification and shall distribute it to all school districts.
(h) It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within its school district and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of the pupils of California.
(i) The notification shall
advise the parent or guardian that a pupil shall not have his or her grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205.
(j) The notification shall advise the parent or guardian of the availability of state funds to cover the costs of advanced placement examination fees pursuant to Section 52242.
(k) The notification to the parent or guardian of a minor pupil enrolled in any of grades 9 to 12, inclusive, also shall include the information required pursuant to Section 51229.
(l) If a school district elects to allow a career technical education course to satisfy the requirement imposed by
subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, the school district shall include, in the notification required pursuant to this section, both of the following:
(1) Information about the high school graduation requirements of the school district and how each requirement satisfies or does not satisfy the subject matter requirements for admission to the California State University and the University of California.
(2) A complete list of career technical education courses offered by the school district that satisfy the subject matter requirements for admission to the California State University and the University of California, and which of the specific college admission requirements these courses satisfy.
(m) A school district that elects to adopt a policy regarding the transfer of pupils
pursuant to Article 1.5 (commencing with Section 48929) shall inform parents or guardians of the policy in the notification required pursuant to this section.
(Amended by Stats. 2018, Ch. 942, Sec. 6. (AB 2289) Effective January 1, 2019.)
The notification required pursuant to Section 48980 shall include information regarding pesticide products as specified in subdivision (a) of Section 17612.
(Added by Stats. 2000, Ch. 718, Sec. 2. Effective January 1, 2001.)
(a) The notification required pursuant to Section 48980 for pupils admitted to, or advancing to, the sixth grade shall include a notification to the pupil’s parent or guardian containing a statement about the state’s public policy described in subdivision (a) of Section 120336 of the Health and Safety Code, advising that the pupil adhere to current immunization guidelines, as recommended by the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention, the American Academy of Pediatrics, and the
American Academy of Family Physicians, regarding full human papillomavirus (HPV) immunization before admission or advancement to the eighth grade level.
(b) The notification sent pursuant to subdivision (a) shall conform to the notification requirements outlined in this article.
(c) The notification sent pursuant to subdivision (a) shall also include the statement specified in subdivision (c) of Section 120336 of the Health and Safety Code.
(Added by Stats. 2023, Ch. 809, Sec. 2. (AB 659) Effective January 1, 2024.)
The notice shall be provided at the time of registration for the first semester or quarter of the regular school term. The notice may be provided using any of the following methods:
(a) By regular mail.
(b) If a parent or guardian requests to receive the notice in electronic format, by providing access to the notice electronically. Notice provided in electronic format shall conform to the requirements of Section 48985.
(c) By any other method normally used to
communicate with the parents or guardians in writing.
(Amended by Stats. 2012, Ch. 17, Sec. 1. (AB 2262) Effective January 1, 2013.)
(a) The notice shall be signed by the parent or guardian and returned to the school. Signature of the notice is an acknowledgment by the parent or guardian that he or she has been informed of his or her rights but does not indicate that consent to participate in any particular program has either been given or withheld.
(b) If the notice is provided in electronic format pursuant to subdivision (b) of Section 48981, the parent or guardian shall submit to the school a signed acknowledgment of receipt of the notice.
(Amended by Stats. 2012, Ch. 17, Sec. 2. (AB 2262) Effective January 1, 2013.)
If any activity covered by the sections set forth in Section 48980 will be undertaken by the school during the forthcoming school term, the notice shall state that fact and shall also state the approximate date upon which any of such activities will occur.
(Enacted by Stats. 1976, Ch. 1010.)
No school district shall undertake any activity covered by the sections set forth in Section 48980 with respect to any particular pupil unless the parent or guardian has been informed of such action pursuant to this article or has received separate special notification.
(Enacted by Stats. 1976, Ch. 1010.)
(a) If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, all notices, reports, statements, or records sent to the parent or guardian of any such pupil by the public school or school district shall, in addition to being written in English, be written in the primary language, and may be responded to either in English or the primary language.
(b) Pursuant to subdivision (e) of Section 64001, the department shall monitor adherence to the requirements of subdivision (a) as part of
its regular monitoring and review of public schools and school districts and shall determine the types of documents and languages a public school or school district translates to a primary language other than English, the availability of these documents to parents or guardians who speak a primary language other than English, and the gaps in translations of these documents.
(c) Based on census data submitted to the department pursuant to Section 52164 in the preceding fiscal year, the department shall notify a school district, by August 1 of each year, of the schools within the school district, and the primary language other than English, for which the translation of documents is required pursuant to subdivision (a). The department shall make that notification using electronic methods.
(d) The department shall use existing resources to comply with subdivisions (b) and
(c).
(Amended by Stats. 2019, Ch. 51, Sec. 35. (SB 75) Effective July 1, 2019.)
(a) A local educational agency shall inform the parents or guardians of each enrolled pupil about the dangers associated with using synthetic drugs that are not prescribed by a physician, such as fentanyl. Parents or guardians shall also be informed of the possibility that dangerous synthetic drugs can be found in counterfeit pills.
(b) (1) The information shall be annually provided to parents or guardians at the beginning of the first semester or quarter of the regular school term.
(2) The information may be provided to parents or guardians pursuant to Section 48980.
(c) If a local educational
agency maintains an internet website, the local educational agency shall post the information on their internet website and shall ensure that each individual school within the local educational agency that maintains an individual internet website also posts the information on that school’s internet website.
(d) As used in this section, a “local educational agency” means a school district, county office of education, or charter school.
(Added by Stats. 2023, Ch. 123, Sec. 1. (AB 889) Effective January 1, 2024.)
(a) (1) A local educational agency shall inform, through a notice in the manner prescribed in this section, the parents or guardians of each enrolled pupil of California’s child access prevention laws and laws relating to the safe storage of firearms, including, but not limited to, Division 4 (commencing with Section 25000) of Title 4 of Part 6 of the Penal Code.
(2) The notice shall be provided annually at the beginning of the first semester or quarter of the regular school term.
(3) The notice shall be informed by the most updated model language developed pursuant to subdivision
(c).
(b) (1) The notice described in subdivision (a) shall be made using any of the methods described in Section 48981 that apply and may be provided as a single notice for multiple pupils living in the same household.
(2) A school district shall provide the notice as part of the annual notification required pursuant to Section 48980.
(c) (1) On or before July 1, 2023, the department shall develop, in consultation with the Department of Justice, model language for
the notice described in subdivision (a).
(2) On or before July 1, 2024, and each July 1 thereafter, the department shall update as necessary for any change in the law, in consultation with the Department of Justice, the model language developed pursuant to paragraph (1).
(3) The department shall share the model language developed and updated pursuant to paragraphs (1) and (2) in both of the following manners:
(A) With all local educational agencies for the purposes described in subdivision (a).
(B) Upon request, with any private school for distribution or potential distribution by the private school.
(d) A local educational agency, a private school, and the department are immune from civil liability for any damages allegedly caused by, arising out of, or relating to the
notice if the entity provided the notice using the model language provided to it by the department.
(e) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means a school district, county office of education, or charter school.
(2) “Private school” means a person, firm, association, partnership, or corporation offering or conducting private school instruction in the state.
(3) “Private school instruction” means instruction at the elementary or high school level for one or more pupils who are 6 to 18 years of age, inclusive. Private school instruction includes, but is not limited to, instruction by
conventional or traditional private schools, private school satellite programs, private online or virtual schools, and certified nonpublic nonsectarian schools.
(f) (1) If a local educational agency provides a notice required by Section 49392, the local educational agency shall be deemed to have complied with the requirements of subdivisions (a) and (b), as applicable.
(2) If the department develops model language pursuant to Section 49391, the department shall be deemed to have complied with the requirements of subdivision (c).
(3) This subdivision shall only become operative if Senate Bill 906 of the 2021–22 Regular Session is enacted and becomes effective on or before January 1, 2023, and adds Sections 49391 and 49392 to the Education Code.
(Added by Stats. 2022, Ch. 199, Sec. 2. (AB 452) Effective January 1, 2023.)