Article 1General Provisions
Section § 33300
This law establishes that there is a State Department of Education in California's state government. Whenever you see 'Department of Education' mentioned in laws or documents, it refers to this specific state department unless the context clearly points to something else.
Section § 33301
This section says that the Department of Education in California is managed by two main entities. The State Board of Education makes the rules and policies, while the Director of Education handles the day-to-day operations and serves as the top executive.
Section § 33302
This section specifies that the Department of Education is overseen by a leader called the Director of Education. This person is in charge of managing the department's operations.
Section § 33303
This law states that the Superintendent of Public Instruction automatically also holds the title and role of Director of Education.
Section § 33304
This section states that the rules and procedures used by the Department of Education are the same as those outlined in another part of the Government Code, as if they were written here in full. Essentially, it's saying the Department of Education follows specific pre-established guidelines and regulations.
Section § 33305
In specific parts of the Government Code, whenever they refer to the "head of the department," it should be understood to mean the Director of Education, but only when it pertains to Section 33304 of the Education Code.
Section § 33306
This section explains that the California Department of Education now holds all the responsibilities and authority that the State Board of Education and the board of directors for the California School for the Deaf and the Blind had as of July 30, 1921. This includes duties of their officers and staff.
Section § 33307
This law states that the Department of Education is in charge of managing and controlling all assets, including records and property, that were previously held by other offices that are now part of the Department of Education.
Section § 33308
This law section states that the Department of Education is responsible for following and enforcing all the laws related to the duties and powers of any position or office that has been moved to the Department under another section of the law, specifically Section 33306.
Section § 33308.1
This law requires the State Department of Education to create and share guidelines with parents and guardians about how to file a child abuse complaint against school employees or anyone else at school. These guidelines explain the steps to take when reporting abuse to the school or child protective services.
Section § 33308.5
This law requires that any program guidelines produced by the California State Department of Education are meant to be examples or models, not rules that must be followed. The guidelines come with a note stating they're optional. Before these guidelines can be shared with local schools, the Superintendent of Public Instruction must check them to make sure they're necessary, legally authorized, and align clearly with existing laws and rules.
Section § 33309
This law allows the State Board of Education in California to create new divisions within the Department of Education. They can do this if the Director of Education recommends it and if the board believes it's needed to handle the department's work effectively.
Section § 33310
This law allows the State Department of Education to sell educational materials and directories that are relevant to their responsibilities.
Section § 33311
This rule says that when the Department of Education sets the price for a publication, it must also decide which people or organizations can get that publication at no cost.
Section § 33312
Counties and school districts in California can buy certain publications from the Department of Education as mentioned in Sections 33309 to 33313.
Section § 33313
This law states that any money gained from selling materials, as outlined in another section of the Education Code, must be deposited into the State Treasury. The money goes into the fund that originally covered the printing costs of those materials.
Section § 33314
This law allows the State Board of Education to set up a school library consultant service within the Department of Education. This service, recommended by the Director of Education, is meant to help and guide local school districts in creating, developing, and enhancing school libraries for elementary and secondary schools across the state.
Section § 33315
This law requires the creation and implementation of a uniform process for handling complaints about specific education programs. It covers a wide range of issues, including adult education, foster youth rights, and school safety plans. For complaints on special education and child nutrition, federal rules are included. The California Department of Education must provide a user-friendly pamphlet explaining these procedures. Complainants can expect a decision within 60 days unless more time is agreed upon or special circumstances apply. Emergency regulations can be adopted to address immediate needs, and local agencies can still handle other complaints through their own procedures.
Section § 33316
This law describes what the California State Department of Education must do. They need to update budget manuals and forms, work with government agencies to set rules, figure out the best ways to collect and share financial information, and hold training sessions for school staff on these topics. They also offer consulting to colleges about school budgeting and accounting courses. Importantly, if they find out that someone has knowingly given false financial information about school programs, they must report this to the Commission on Teacher Credentialing.
Section § 33317
This law requires the California Department of Education to work with the Educational Management and Evaluation Commission. It has various duties, like preparing materials for meetings, helping set up a program for budgeting and accounting, and running pilot projects to test these systems. The department can also suggest changes in the law to support these systems and work with other organizations to promote and coordinate these efforts.
Section § 33317.3
Starting in the 2026-27 school year, schools in California must report data on student transfers due to disciplinary reasons, which will be published online. Schools should avoid using transfers to skirt reporting suspensions and expulsions. 'Local educational agencies' include school districts, county education offices, and charter schools.
Section § 33317.5
This law requires the education department to create and publish an annual report on the average class sizes in public schools across California. The report, called the 'California raw class size data report,' must include average class sizes for each grade from transitional kindergarten through high school at every school site managed by local educational agencies, such as school districts or charter schools. Class size is determined by dividing the total number of students by the number of classes. The report will be available online for public access.
Section § 33318
The Department of Education must give the results of state-required tests to school districts by September 15th each year. Once the statewide results are shown to the State Board of Education, the district superintendent can share how the district performed during the next regular meeting of the district's governing board.
Section § 33318.1
By July 1, 2021, the education department in California had to give a detailed report to the Governor and Legislature about 'credit recovery' programs in public schools. These programs help students who didn't pass a course to retake it and earn the necessary credits for graduation. The report had to include where these programs are run, how they're scheduled (such as during the summer or online), and specific details about the students in these programs, like their demographics and outcomes. The report needed to follow certain regulations, and this law will stop being effective on July 1, 2025, officially ending at the start of 2026.
Section § 33318.2
This law requires the education department to prepare a report by March 1, 2025, detailing the types of reports that school districts, county education offices, and charter schools must submit each year. The report should list each report's purpose and suggest which ones could be shortened or eliminated to reduce the workload. The department must get input from diverse educational bodies when crafting these recommendations. Within 30 days of receiving the report, legislative committees are encouraged to hold a hearing to discuss it. This law is aimed at reducing the administrative burden on schools and will expire on January 1, 2026.
Section § 33318.5
This law requires the state education department to calculate an attrition rate for high school students in addition to the dropout rate they currently track. The attrition rate is determined by comparing the number of students who start 9th grade in a given year to how many of those students graduate four years later, then dividing the difference by the initial 9th-grade enrolment number.
Section § 33319
The State Department of Education is tasked with helping and advising school districts in enhancing student health through monitoring and screenings. They are to work with local health professionals and educational institutions to provide health screenings, medical referrals, and health education to students and their families. The department is also encouraged to foster connections with health boards and programs related to maternal, child, and adolescent health. Additionally, the department will support schools in organizing 'Health Days' for student health screenings, promoting health awareness, and teaching preventive measures, all done in coordination with school nurses and volunteer health professionals.
Section § 33319.3
The California Department of Education must create materials aimed at improving driver attitudes and reducing driving violations, particularly focusing on aggressive driving and road rage. These materials are intended for use by school districts in their driving education programs, but it's their choice whether to use them.
Section § 33319.5
This law allows the State Department of Education to encourage schools and education boards to use their authority to carry out programs or activities as outlined in a specific section of the law. They can also provide advice to these agencies on whether their intended actions are allowed and share those opinions widely.
Section § 33319.6
This section outlines the steps and guidelines for establishing in-service professional development programs focused on teaching literacy to young students from transitional kindergarten through fifth grade. By September 30, 2026, criteria for selecting or creating these programs must be developed, providing a list of approved resources. These programs should be accessible in various formats and fulfill specific educational standards and align with existing frameworks. Professional development providers must pay a fee for their programs to be reviewed, though small providers may receive discounts, and public agencies are exempt from fees. Funds will be allocated to ensure teachers are trained on paid work time under agreed conditions. Local educational agencies are required to report the training received, with the compiled information submitted by February 2030. Special definitions apply to terms like 'local educational agency' and 'small professional development program provider.’