Article 1 - General Provisions

California Education Code — §§ 33300-33319.6

Sections (28)

Amended by Stats. 1980, Ch. 1059, Sec. 3. Effective September 26, 1980.

There is in the state government a State Department of Education. Any reference to the Department of Education shall be deemed to be a reference to the State Department of Education, unless the context otherwise requires.

§ 33301

Enacted by Stats. 1976, Ch. 1010.

The Department of Education shall be administered through:

(a)The State Board of Education which shall be the governing and policy determining body of the department.

(b)The Director of Education in whom all executive and administrative functions of the department are vested and who is the executive officer of the State Board of Education.

§ 33302

Enacted by Stats. 1976, Ch. 1010.

The Department of Education shall be conducted under the control of an executive officer known as the Director of Education.

§ 33303

Enacted by Stats. 1976, Ch. 1010.

The Superintendent of Public Instruction is ex officio Director of Education.

§ 33304

Enacted by Stats. 1976, Ch. 1010.

The provisions of Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3 of Title 2 of the Government Code, shall govern and apply to the conduct of the Department of Education in every respect as if such provisions were herein set forth at length.

§ 33305

Enacted by Stats. 1976, Ch. 1010.

Wherever in Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3 of Title 2 of the Government Code, the term “head of the department,” or similar designation occurs, it shall, for the purposes of Section 33304, of this code mean the Director of Education.

§ 33306

Enacted by Stats. 1976, Ch. 1010.

The Department of Education is the successor to, and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Board of Education as they existed on July 30, 1921, of the board of directors of the California School for the Deaf and the Blind, and of the several officers, deputies, and employees of such bodies and offices.

§ 33307

Enacted by Stats. 1976, Ch. 1010.

The Department of Education shall be in possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property, real or personal, now or hereafter held for the benefit of the bodies, offices, and officers whose duties, powers, purposes, responsibilities, and jurisdiction are transferred to and vested in the Department of Education.

§ 33308

Enacted by Stats. 1976, Ch. 1010.

The Department of Education shall administer and enforce all laws now or hereafter imposing any duty, power, or function upon any of the bodies, offices, officers, deputies, or employees transferred to the Department of Education under the provisions of Section 33306.

§ 33308.1

Added by Stats. 1991, Ch. 1102, Sec. 4.

The State Department of Education shall adopt guidelines to be disseminated to parents or guardians of pupils that describe the procedures that a parent or guardian can follow in filing a complaint of child abuse, as defined in Section 11165.6 of the Penal Code, with the school or a child protective services agency against a school employee or other person that commits an act of child abuse, as defined in Section 11165.6 of the Penal Code, against a pupil at a schoolsite.

§ 33308.5

Added by Stats. 1983, Ch. 498, Sec. 16. Effective July 28, 1983.

(a)Program guidelines issued by the State Department of Education shall be designed to serve as a model or example, and shall not be prescriptive. Program guidelines issued by the department shall include written notification that the guidelines are merely exemplary, and that compliance with the guidelines is not mandatory.

(b)The Superintendent of Public Instruction shall review all program guidelines prepared by the State Department of Education prior to issuance to local education agencies. The superintendent shall approve the proposed guidelines only if he or she determines that all of the following conditions are met:

(1)The guidelines are necessary.

(2)The department has the authority to issue the guidelines.

(3)The guidelines are clear and appropriately referenced to, and consistent with, existing statutes and regulations.

§ 33309

Enacted by Stats. 1976, Ch. 1010.

In addition to the Division of Libraries of the Department of Education, established by law, the State Board of Education may, upon recommendation of the Director of Education, establish such divisions as in the judgment of the board are necessary for the proper transaction of the business of the department.

§ 33310

Amended by Stats. 1997, Ch. 825, Sec. 9. Effective October 9, 1997.

The State Department of Education may sell any educational materials and directories related to its scope and duties.

§ 33311

Enacted by Stats. 1976, Ch. 1010.

When the Department of Education fixes the price of any publication, it shall specify the class of persons or institutions that may receive copies of the publication free of charge.

§ 33312

Enacted by Stats. 1976, Ch. 1010.

Any county, or any school district, in this state may purchase the publications described in Sections 33309 to 33313, inclusive, from the Department of Education.

§ 33313

Amended by Stats. 1996, Ch. 1158, Sec. 3. Effective September 30, 1996.

All moneys received from the sale of materials pursuant to Section 33310 of the Education Code shall be deposited in the State Treasury to the credit of the fund against which the cost of printing the publication was charged.

§ 33314

Enacted by Stats. 1976, Ch. 1010.

The State Board of Education may, upon recommendation of the Director of Education, establish in the Department of Education a school library consultant service to assist and advise local school districts in the establishment, development, and improvement of school libraries in the elementary and secondary schools of the state.

§ 33315

Amended by Stats. 2024, Ch. 665, Sec. 2. (AB 3074) Effective January 1, 2025.

(a)The Superintendent shall establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for educational programs specified in paragraph (1). The department shall review the regulations set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations pertaining to uniform complaint procedures and, on or before March 31, 2019, shall commence rulemaking proceedings to revise those regulations, as necessary, to conform to all of the following:

(1)The Uniform Complaint Procedures shall apply to all of the following:

(A)Adult

education programs established pursuant to Sections 8500 to 8538, inclusive, and Sections 52500 to 52617, inclusive.

(B)Consolidated categorical aid programs as listed in subdivision (a) of Section 64000.

(C)Migrant child education established pursuant to Sections 54440 to 54445, inclusive.

(D)Career technical and technical education and career technical and technical training programs established pursuant to Sections 52300 to 52462, inclusive.

(E)Childcare and development programs established pursuant to Sections 8200 to 8498, inclusive.

(F)The

filing of complaints that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group as identified under Sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by an educational institution, as defined in Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance.

(G)Lactation accommodations pursuant to Section 222.

(H)Educational rights of foster youth pursuant to Sections 48853, 48853.5, and 49069.5, and graduation requirements

for foster youth, homeless youth, and other youth pursuant to Section 51225.1.

(I)Pupil fees pursuant to Sections 49010 to 49013, inclusive.

(J)Courses of study pursuant to Section 51228.3.

(K)Instructional minutes for physical education pursuant to Section 51223.

(L)Local control and accountability plans pursuant to Section 52075.

(M)Juvenile court schools pursuant to Section 48645.7.

(N)School safety plans pursuant to Section 32289.

(O)Deficiencies related to preschool

health and safety issues for a California state preschool program pursuant to Section 8235.5.

(P)School or athletic team names, mascots, or nicknames pursuant to Section 221.3.

(Q)Any other state or federal educational program the Superintendent deems appropriate.

(2)As it pertains to child nutrition programs and established pursuant to Sections 49490 to 49570, inclusive, and special education programs established pursuant to Sections 56000 to 56865, inclusive, and Sections 59000 to 59300, inclusive, the Uniform Complaint Procedures shall expressly reference the federal provisions that govern complaints relative to these programs, as well as any additional applicable rules included within Title 5 of the

California Code of Regulations.

(3)The department shall develop a pamphlet for parents that will explain the Uniform Complaint Procedures in a user-friendly manner and post this pamphlet on the department’s internet website.

(4)Except for cases of complaints related to paragraph (2), a complainant who appeals a decision of a local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations to the department shall receive a written appeal decision within 60 days of the department’s receipt of the appeal, unless extended by written agreement with the complainant or the department documents exceptional circumstances and informs the complainant.

(5)Except for cases of complaints related to paragraph (2), for those complaints that are filed directly with the department under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and the department determines merit direct intervention, the department shall complete an investigation and provide a written decision to the complainant within 60 days of receipt of the complaint, unless the parties have agreed to extend the timeline or the department documents exceptional circumstances and informs the complainant.

(6)If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, filed under the Uniform Complaint Procedures set forth in Chapter

5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, the local educational agency shall take corrective actions consistent with the requirements of existing law that will provide a remedy to the affected pupil, or, in the case of complaints related to subparagraphs (I), (J), (K), and (L) of paragraph (1), to all affected pupils, parents, and guardians. For corrective actions related to subparagraph (I), remedies shall, where applicable, include reasonable efforts by the public school to ensure full reimbursement.

(7)Information regarding the requirements of this section shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.

(b)The department may adopt emergency regulations pursuant to Section 11346.1 of the Government Code to satisfy the requirements of this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.

(c)Nothing in this section or those regulations adopted pursuant to this section shall prevent a local educational agency from using its local uniform complaint procedure to address complaints not listed in this section or those regulations.

(d)For purposes of this section, “local educational agency” has the same meaning as in Section 4600 of Title 5 of the California Code of

Regulations.

§ 33315.5

Added by Stats. 2025, Ch. 717, Sec. 1. (AB 935) Effective January 1, 2026.

(a)(1) Beginning July 1, 2026, upon receipt of a complaint that alleges unlawful discrimination, harassment, intimidation, or bullying received by the department pursuant to subparagraph (F) of paragraph (1) of subdivision (a) of Section 33315, the Superintendent shall collect all of the following information:

(A) The self-identified protected group of the complainant, if voluntarily provided.

(B) A description of the complaint received.

(D) The disposition of the complaint.

(2)The data collected pursuant to paragraph (1) shall be confidential and protected from public disclosure, including disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except that the information may be disclosable pursuant to that act to the same extent as the underlying complaint.

(b)(1) Beginning July 1, 2027, and annually thereafter, the department shall create and post on the department’s internet website a summary report of the information collected pursuant to subdivision (a).

(2)The summary report shall not contain any personally identifying information about any individual, and the information in

the report shall be sufficiently deidentified to prevent the identification of the individuals involved in the complaint.

(c)The collection, publication, and transmission of data required by this section shall comply with all applicable state and federal privacy laws.

§ 33316

Amended by Stats. 1988, Ch. 315, Sec. 2.

The State Department of Education shall do all of the following:

(a)Revise and update budget manuals, forms and guidelines.

(b)Cooperate with federal and state agencies in prescribing rules and regulations, and instructions required by those agencies.

(c)Assess the needs and methods of collecting and disseminating financial information.

(d)Conduct workshops and conferences for the purpose of training school district and county personnel.

(e)Provide consultant services to colleges and universities on courses of instruction relative to school budgets and accounting practices.

(f)For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of any certificated person who knowingly and willfully reports false fiscal expenditure data relative to the conduct of any educational program. This requirement applies only if, in the course of his or her normal duties, a representative of the State Department of Education discovers information that gives him or her reasonable cause to believe that false fiscal expenditure data relative to the conduct of any educational program has been reported.

§ 33317

Enacted by Stats. 1976, Ch. 1010.

The Department of Education shall cooperate with the Educational Management and Evaluation Commission and shall as requested by the commission:

(a)Prepare and compile agenda items and research materials for the commission.

(b)Prepare and direct the execution of any provisions of agreements entered into by the commission for the formulation of a program budgeting and accounting system.

(c)Organize pilot projects for testing any program budgeting and accounting system.

(d)Recommend any change or revision of law necessary to effectuate any program budgeting and accounting system.

(e)Promote any program of budgeting and accounting system through cooperative working arrangements with interested public and private agencies and associations.

(f)Coordinate the budgeting and accounting activities of interested public and private agencies and associations.

§ 33317.3

Added by Stats. 2024, Ch. 368, Sec. 1. (AB 1984) Effective January 1, 2025.

(a)Commencing with the 2026–27 school year, the department shall collect and publish on its internet website, and local educational agencies shall provide to the department, data on pupil transfers due to disciplinary reasons, including whether the pupil transferred to an alternative school based on a referral by the school.

(b)The department, when providing guidance on its internet website about reducing disproportionate discipline of pupil subgroups in schools, shall advise local educational agencies against the use of transfers to avoid reporting suspensions and expulsions.

(c)For purposes of this section, “local educational agency” means a school district, county office

of education, or charter school.

§ 33317.5

Added by Stats. 2023, Ch. 614, Sec. 2. (SB 872) Effective January 1, 2024.

(a)Notwithstanding any other law, the department shall provide a report of public school pupil enrollment information, to be known as the “California raw class size data report,” in order for the public to easily determine all of the following data:

(1)The average class size in each self-contained and departmentalized

class for each schoolsite in every local educational agency from transitional kindergarten through all elementary school grades.

(2)The average class size in each self-contained and departmentalized class for each schoolsite in every local educational agency for each middle school grade.

(3)The average class size in each self-contained and departmentalized class for each schoolsite in every local educational

agency for each high school grade.

(b)The report described in subdivision (a) shall be published annually and publicly available on the department’s internet website.

(c)For purposes of this section, the following definitions apply:

(1)“Average class size” means the total course enrollment divided by the number of classes.

(2)“Local educational agency” means a school district, county office of education, or charter school.

§ 33318

Added by Stats. 1977, Ch. 36.

(a)The Department of Education shall report the test results of all state-mandated testing programs to the individual school districts by not later than September 15th following the testing.

(b)The district superintendent may publicly report the results of a state-mandated testing program as they affect the district at the first regularly scheduled meeting of the governing board of the district after the statewide results have been presented to the State Board of Education.

§ 33318.2

Amended by Stats. 2025, Ch. 580, Sec. 1. (SB 374) Effective January 1, 2026. Repealed as of January 1, 2027, by its own provisions.

(a)The department shall, on or before March 1, 2025, and in compliance with Section 9795 of the Government Code, provide a report to the Superintendent, the Governor, and the Legislature on the number and types of reports that local educational agencies are required to annually submit. The report shall include all of the following:

(1)Information on each type of report, including if the report is required by a particular program.

(2)The purpose of each report.

(3)Recommendations for both of the following:

(A)Which reports can be consolidated or eliminated to

reduce the total number of reports local educational agencies are required to annually complete.

(B)Which reports can be truncated to shorten any reports local educational agencies are required to annually complete.

(C)In determining recommendations pursuant to subparagraphs (A) and (B), the department shall seek voluntary input from a diverse array of local educational agencies that vary in size, type, geographic location, and pupil and staff demographics.

(b)Within 30 days of receiving a report from the department pursuant to subdivision (a), the Assembly and Senate Education committees, the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, and any other relevant subcommittees are encouraged to hold a hearing to allow for the Superintendent to present the report.

(c)For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

(d)It is the intent of the Legislature that the information collected for reports pursuant to this section will help alleviate future burdens and costs on local educational agencies.

(e)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

§ 33318.5

Amended by Stats. 2018, Ch. 669, Sec. 7. (AB 1661) Effective January 1, 2019.

(a)In addition to the dropout rate the department compiles pursuant to the federal Every Student Succeeds Act (Public Law 114–95), the department shall compile an attrition rate for high school pupils in the state pursuant to the formula specified in subdivision (b).

(b)The attrition rate is the difference between the number of pupils who enrolled in grade 9 in a particular year and the number of pupils who, four years later, receive a diploma of graduation from high school, divided by the number of pupils who enrolled in grade 9 in the particular year.

§ 33319.5

Added by Stats. 1987, Ch. 1452, Sec. 176.

The State Department of Education may encourage among school districts, county boards of education, and county superintendents of schools the implementation of the authority granted to those agencies by Section 35160, including the rendering to those agencies, upon request, advisory opinions on whether a program, activity, or course of action is authorized by Section 35160. The department may publish and disseminate those opinions.

§ 33319.6

Amended by Stats. 2025, Ch. 744, Sec. 1. (SB 147) Effective October 13, 2025.

(a)No later than September 30, 2026, the state board shall approve and the department shall post on its internet website criteria and guidance for the selection or development of inservice professional development programs for effective means of teaching literacy in transitional kindergarten, kindergarten, and grades 1 to 5, inclusive, with a list of inservice professional development programs that have been deemed to meet those criteria. Professional development programs that meet the criteria and guidance may be used by local educational agencies for training certificated and classified staff who provide literacy instruction or who support any teacher who provides literacy instruction. The list shall include programs offered in different modalities, including in-person and virtual formats, and the criteria and guidance

shall ensure that programs follow the precepts of effective professional development; are content focused, interactive, and collaborative; provide models of effective practice, coaching, and opportunities for feedback and reflection; provide adequate time to master the concepts being taught; and include periodic checks to demonstrate mastery of the concepts. The criteria and guidance shall also ensure that the programs meet all of the following criteria:

(1)Include the requirements described in subparagraphs (A) and (B) of paragraph (4) of subdivision (b) of Section 44259 and evidence-based means of teaching foundational reading skills, which shall include explicit and systematic instruction in print concepts, phonological awareness, phonics and word recognition, and fluency, attending to oral language development, vocabulary and background knowledge, and comprehension, including tiered supports for pupils with reading difficulties, English

learners, and pupils with exceptional needs.

(2)Align to the Commission on Teacher Credentialing’s current teaching performance expectations as specified in Section 44259.7.

(3)Align to the English Language Arts/English Language Development (ELA/ELD) Framework, including integrated and designated English language development instruction adopted by the state board.

(4)Align to the program guidelines for dyslexia developed pursuant to Section 56335.

(b)The state board and department shall solicit interestholder input when developing the criteria, guidance, and list of professional development programs pursuant to subdivision (a).

(c)(1) The department, before incurring substantial costs for the review of professional development programs, shall require that a professional development program provider that intends to submit materials for review to first declare their intent to submit one or more professional development programs for review. After a professional development program provider has declared their intent to submit one or more professional development programs for review, and until September 30, 2026, the department may assess a fee on the submitting professional development program provider in an amount, consistent with paragraph (3), that shall not exceed the reasonable costs to the department to conduct a review of the submitted materials pursuant to this section, excluding the review of professional development programs submitted from local educational agencies described in paragraph (7).

(2)The fee shall be payable by the professional development program provider even if the professional development provider subsequently chooses to withdraw one or more professional development programs from review. A submission by a professional development program provider shall not be reviewed until the fee has been paid in full.

(3)The fee assessed shall not exceed ten thousand dollars ($10,000) for each professional development program submitted for review. The department shall take reasonable steps to limit costs of the review and to keep the fee modest. It is the intent of the Legislature that the fee not be so substantial that it prevents small professional development program providers from participating.

(4)Upon the request of a small professional development program provider, the department may reduce the fee.

(5)The fees to be charged shall be approved by the executive director of the state board before being publicly posted on the department’s internet website.

(6)Revenue derived from fees assessed pursuant to this subdivision shall be budgeted as reimbursements, subject to review through the annual budget process, and may be used to pay for costs associated with the review and approval of professional development programs.

(7)Local educational agencies that submit professional development programs for review, either as a standalone professional development program provider or in a partnership that includes only local educational agencies, shall be exempt from paying the fee authorized pursuant to this subdivision.

(d)(1) (A) The department shall make funding available for purposes of training certificated and classified staff who provide literacy instruction, or who support any teacher who provides literacy instruction, to pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, using the professional development programs that meet the criteria and guidance approved pursuant to subdivision (a). The Superintendent shall apportion these funds to local educational agencies in an equal amount per full-time equivalent certificated staff who teach pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5,

inclusive, using the data submitted through the California Longitudinal Pupil Achievement Data System as of October 2025.

(B) A local educational agency may expend the funds received pursuant to this subdivision from the 2026–27 fiscal year to the 2029–30 fiscal year, inclusive. A local educational agency shall ensure that teachers and all other certificated employees complete training offered pursuant to this section on paid time during the employees’ regular work hours or designated professional development hours unless otherwise negotiated and mutually agreed upon with the employees’ exclusive representative.

(2)(A) (i) If a local educational agency is apportioned funds pursuant to subparagraph (A) of paragraph (1), those funds shall be used to provide opportunities for professional

development for teachers who teach pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, who have not passed the literacy performance assessment pursuant to Section 44320.3 or have not already received training in a preservice or inservice program that aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (a) and the criteria and guidance approved pursuant to subdivision (a), using one or more of the professional development programs approved pursuant to subdivision (a), except as provided in clause (ii).

(ii) Notwithstanding clause (i), if a local educational agency is apportioned funds pursuant to subparagraph (A) of paragraph (1), those funds may be used to provide opportunities for professional development using a professional development program not approved pursuant to subdivision (a), provided that the program aligns to the criteria specified in paragraphs (1) to (4),

inclusive, of subdivision (a) and the criteria and guidance approved pursuant to subdivision (a).

(B)If there are remaining funds after complying with subparagraph (A), a local educational agency may provide opportunities for professional development for teachers who teach pupils in grades other than transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, as well as opportunities for additional professional development for teachers who teach pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, who have passed the literacy performance assessment pursuant to Section 44320.3 or already received training in a preservice or inservice program that aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (a) and the criteria and guidance approved pursuant to subdivision (a).

(3)As a condition of

receiving funds apportioned pursuant to this subdivision, a local educational agency shall, on or before September 1, 2029, report to the department, in a form and manner determined by the department, the number of teachers that received professional development and which professional development program was used at the local educational agency and schoolsite level.

(4)The department shall summarize the information reported pursuant to paragraph (3) and shall submit the summary to the appropriate budget subcommittees and policy committees of the Legislature, in compliance with Section 9795 of the Government Code, and to the Department of Finance on or before February 1, 2030.

(e)For purposes of this section,

the following definitions apply:

(1)“Local educational agency” means a school district, county office of education, charter school, or state special school.

(2)“Small professional development program provider” means an independently owned or operated professional development program provider that, together with its affiliates, has 20 or fewer employees, and has average annual gross receipts of two million dollars ($2,000,000) or less over the previous three years.