Enacted by Stats. 1976, Ch. 1010.
The governing board of any school district shall maintain schools and classes as provided by law.
Article 10 - School Maintenance
California Education Code — §§ 35290-35293
Sections (6)
Amended by Stats. 2002, Ch. 1032, Sec. 2. Effective September 28, 2002.
The governing board of any school district shall prescribe rules not inconsistent with law or with the rules prescribed by the State Board of Education, for the government and discipline of the schools under its jurisdiction. The governing board of each school district which maintains any of grades 1 through 12, inclusive, may, at the time and in the manner prescribed by Sections 48980 and 48981, notify the parent or guardian of all pupils registered in schools of the district of the availability of rules of the district pertaining to student discipline.
Amended by Stats. 2002, Ch. 1032, Sec. 3. Effective September 28, 2002.
(a)On or before December 1, 1987, and at least every four years thereafter, each public school may, at its discretion, adopt rules and procedures on school discipline applicable to the school. For schools that choose to adopt rules pursuant to this article, the school discipline rules and procedures shall be consistent with any applicable policies adopted by the governing board and state statutes governing school discipline. In developing these rules and procedures, each school shall solicit the participation, views, and advice of one representative selected by each of the following groups:
(1)Parents.
(2)Teachers.
(3)School administrators.
(4)School security personnel, if any.
(5)For junior high schools and high schools, pupils enrolled in the school.
Meetings for the development of the rules and procedures should be developed and held within the school’s existing resources, during nonclassroom hours, and on normal schooldays.
The final version of the rules and procedures on school discipline with attendant regulations may be adopted by a panel comprised of the principal of the school, or his or her designee, and a representative selected by classroom teachers employed at the school.
It shall be the duty of each employee of the school to enforce the rules and procedures on school discipline adopted under this section.
(b)The governing board of each school district may prescribe procedures to provide written notice to continuing pupils at the beginning of each school year and to transfer pupils at the time of their enrollment in the school and to their parents or guardians regarding the school discipline rules and procedures adopted pursuant to subdivision (a).
(c)Each school may file a copy of its school discipline rules and procedures with the district superintendent of schools and governing board on or before January 1, 1988.
(d)The governing board may review, at an open meeting, the approved school discipline rules and procedures for consistency with governing board policy and state statutes.
Amended by Stats. 2023, Ch. 227, Sec. 3. (SB 760) Effective January 1, 2024.
(a)Every public and private school maintaining any combination of classes from kindergarten to grade 12, inclusive, shall comply with all of the following:
(1)Every restroom shall at all times be maintained and cleaned regularly, fully operational, and stocked at all times with toilet paper, soap, and paper towels or functional hand dryers.
(2)The school shall keep all restrooms open during school hours when pupils are not in classes, and shall keep a sufficient number of restrooms open during school hours when pupils are in classes.
(b)(1) On or
before July 1, 2026, each school district, county office of education, and charter school, including charter schools operating in a school district facility pursuant to Section 47614, maintaining any combination of classes from grades 1 to 12, inclusive, shall comply with the following for each of its schoolsites that, before July 1, 2026, has more than one female restroom and
more than one male restroom designated exclusively for pupil use, excluding restrooms designated for pupils in transitional kindergarten or kindergarten:
(A) Provide and maintain at least one all-gender restroom for pupil use that meets the following requirements:
(i)Has signage identifying the bathroom facility as being open to all genders and in conformity with Title 24 of the California Code of Regulations.
(ii) Is available for pupil use, consistent with the requirements of subdivision (a), as unlocked, unobstructed, easily accessible by any pupil, and consistent with existing pupil access to sex-segregated
restrooms.
(iii) Is consistent with the requirements pursuant to Section 35292.6.
(iv) Is available during school hours and school functions when pupils are present.
(B) Designate a staff member to serve as a point of contact for implementation of this section.
(C) Post a notice regarding the requirements of this paragraph in a prominent and conspicuous location outside at least one all-gender restroom, including contact information for the person designated as a point of contact pursuant to subparagraph (B).
(2)A school district, county office of education, or charter school may use an
existing restroom to satisfy the requirements of this subdivision if it ensures that all pupils have restrooms that are in easily accessible locations and the existing restroom otherwise complies with the requirements in paragraph (1).
(3)This subdivision shall be subject to compliance review pursuant to Section 253.
(4)The department shall post on its internet website guidance for implementation of this subdivision, including, but not limited to, examples of signage and best practices.
(5)This subdivision shall not supplant subdivision (f) of Section 221.5. Use of an all-gender restroom by a pupil shall be voluntary and pupils
shall not be required to use an all-gender restroom.
(6)This subdivision shall not preclude a schoolsite that does not have more than one female restroom and more than one male restroom designated exclusively for pupil use, excluding restrooms designated for pupils in transitional kindergarten or kindergarten, from identifying and making easily accessible, a restroom for pupil use that satisfies the requirements of this subdivision.
(c)Notwithstanding subdivisions (a) and (b), a school may temporarily close a restroom as necessary (1) for
a documented
pupil safety
concern, (2) for an immediate threat to pupil safety, or (3) to repair the facility.
Repealed (in Sec. 2) and added by Stats. 2023, Ch. 421, Sec. 3. (AB 230) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.
(a)On or before the start of the 2024–25 school year, a public school, including a school operated by a school district, county office of education, or charter school, maintaining any combination of classes from grades 3 to 12, inclusive, shall stock the school’s restrooms at all times with an adequate supply of menstrual products, available and accessible, free of cost, in all women’s restrooms and all-gender restrooms, and in at least one men’s restroom.
(b)A public school described in subdivision (a) shall not charge for any menstrual products provided to pupils.
(c)A public school described in subdivision (a) shall post a notice regarding the requirements of this section in
a prominent and conspicuous location in every restroom required to stock menstrual products, available and accessible, free of cost, pursuant to this section. This notice shall include the text of this section and contact information, including an email address and telephone number, for a designated individual responsible for maintaining the requisite supply of menstrual products.
(d)For purposes of this section, “menstrual products” means menstrual pads and tampons for use in connection with the menstrual cycle.
(e)This section shall become operative on July 1, 2024.
Enacted by Stats. 1976, Ch. 1010.
The governing board of any school district shall maintain all of the elementary day schools established by it, and all of the day high schools established by it with equal rights and privileges as far as possible.