1202.  

As used in this chapter, “department” means the State
4Department of Public Health.

4836.1.  

(a) Notwithstanding any other law, a registered
8veterinary technician or a veterinary assistant may administer a
9drug, including, but not limited to, a drug that is a controlled
10substance, under the direct or indirect supervision of a licensed
11veterinarian when done pursuant to the order, control, and full
12professional responsibility of a licensed veterinarian. However,
13no person, other than a licensed veterinarian, may induce anesthesia
14unless authorized by regulation of the board.

15(b) Access to controlled substances by veterinary assistants
16under this section is limited to persons who have undergone a
17background check and who, to the best of the licensee manager’s
18knowledge, do not have any drug- or alcohol-related felony
19convictions.

20(c) Notwithstanding subdivision (b), if the Veterinary Medical
21Board, in consultation with the Board of Pharmacy, identifies a
22dangerous drug, as defined in Section 4022, as a drug which has
23an established pattern of being diverted, the Veterinary Medical
24Board may restrict access to that drug by veterinary assistants.

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

26(1) “Controlled substance” has the same meaning as that term
27is defined in Section 11007 of the Health and Safety Code.

28(2) “Direct supervision” has the same meaning as that term is
29defined in subdivision (e) of Section 2034 of Title 16 of the
30California Code of Regulations.

31(3) “Drug” has the same meaning as that term is defined in
32Section 11014 of the Health and Safety Code.

P4    1(4) “Indirect supervision” has the same meaning as that term is
2defined in subdivision (f) of Section 2034 of Title 16 of the
3California Code of Regulations.

4(e) This section shall remain in effect only until January 1, 2015,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2015, deletes or extends that date.

4999.32.  

(a) This section shall apply to applicants for
10examination eligibility or registration who begin graduate study
11before August 1, 2012, and complete that study on or before
12December 31, 2018. Those applicants may alternatively qualify
13under paragraph (2) of subdivision (a) of Section 4999.33.

14(b) To qualify for examination eligibility or registration,
15applicants shall possess a master’s or doctoral degree that is
16counseling or psychotherapy in content and that meets the
17requirements of this section, obtained from an accredited or
18approved institution, as defined in Section 4999.12. For purposes
19of this subdivision, a degree is “counseling or psychotherapy in
20content” if it contains the supervised practicum or field study
21experience described in paragraph (3) of subdivision (c) and, except
22as provided in subdivision (d), the coursework in the core content
23areas listed in subparagraphs (A) to (I), inclusive, of paragraph (1)
24of subdivision (c).

25(c) The degree described in subdivision (b) shall contain not
26less than 48 graduate semester or 72 graduate quarter units of
27instruction, which shall, except as provided in subdivision (d),
28include all of the following:

29(1) The equivalent of at least three semester units or four and
30one-half quarter units of graduate study in each of the following
31core content areas:

32(A) Counseling and psychotherapeutic theories and techniques,
33including the counseling process in a multicultural society, an
34orientation to wellness and prevention, counseling theories to assist
35in selection of appropriate counseling interventions, models of
36counseling consistent with current professional research and
37practice, development of a personal model of counseling, and
38multidisciplinary responses to crises, emergencies, and disasters.

39(B) Human growth and development across the lifespan,
40including normal and abnormal behavior and an understanding of
P5    1developmental crises, disability, psychopathology, and situational
2and environmental factors that affect both normal and abnormal
3behavior.

4(C) Career development theories and techniques, including
5career development decisionmaking models and interrelationships
6among and between work, family, and other life roles and factors,
7including the role of multicultural issues in career development.

8(D) Group counseling theories and techniques, including
9principles of group dynamics, group process components,
10developmental stage theories, therapeutic factors of group work,
11group leadership styles and approaches, pertinent research and
12literature, group counseling methods, and evaluation of
13effectiveness.

14(E) Assessment, appraisal, and testing of individuals, including
15basic concepts of standardized and nonstandardized testing and
16other assessment techniques, norm-referenced and
17criterion-referenced assessment, statistical concepts, social and
18cultural factors related to assessment and evaluation of individuals
19and groups, and ethical strategies for selecting, administering, and
20interpreting assessment instruments and techniques in counseling.

21(F) Multicultural counseling theories and techniques, including
22counselors’ roles in developing cultural self-awareness, identity
23development, promoting cultural social justice, individual and
24community strategies for working with and advocating for diverse
25 populations, and counselors’ roles in eliminating biases and
26prejudices, and processes of intentional and unintentional
27oppression and discrimination.

28(G) Principles of the diagnostic process, including differential
29diagnosis, and the use of current diagnostic tools, such as the
30current edition of the Diagnostic and Statistical Manual, the impact
31of co-occurring substance use disorders or medical psychological
32disorders, established diagnostic criteria for mental or emotional
33disorders, and the treatment modalities and placement criteria
34within the continuum of care.

35(H) Research and evaluation, including studies that provide an
36understanding of research methods, statistical analysis, the use of
37research to inform evidence-based practice, the importance of
38research in advancing the profession of counseling, and statistical
39methods used in conducting research, needs assessment, and
40 program evaluation.

P6    1(I) Professional orientation, ethics, and law in counseling,
2including professional ethical standards and legal considerations,
3licensing law and process, regulatory laws that delineate the
4profession’s scope of practice, counselor-client privilege,
5confidentiality, the client dangerous to self or others, treatment of
6minors with or without parental consent, relationship between
7practitioner’s sense of self and human values, functions and
8relationships with other human service providers, strategies for
9collaboration, and advocacy processes needed to address
10institutional and social barriers that impede access, equity, and
11success for clients.

12(2) In addition to the course requirements described in paragraph
13(1), a minimum of 12 semester units or 18 quarter units of advanced
14coursework to develop knowledge of specific treatment issues,
15special populations, application of counseling constructs,
16assessment and treatment planning, clinical interventions,
17therapeutic relationships, psychopathology, or other clinical topics.

18(3) Not less than six semester units or nine quarter units of
19supervised practicum or field study experience, or the equivalent,
20in a clinical setting that provides a range of professional clinical
21counseling experience, including the following:

22(A) Applied psychotherapeutic techniques.

23(B) Assessment.

24(C) Diagnosis.

25(D) Prognosis.

26(E) Treatment.

27(F) Issues of development, adjustment, and maladjustment.

28(G) Health and wellness promotion.

29(H) Other recognized counseling interventions.

30(I) A minimum of 150 hours of face-to-face supervised clinical
31experience counseling individuals, families, or groups.

32(d) (1) An applicant whose degree is deficient in no more than
33two of the required areas of study listed in subparagraphs (A) to
34(I), inclusive, of paragraph (1) of subdivision (c) may satisfy those
35deficiencies by successfully completing post-master’s or
36postdoctoral degree coursework at an accredited or approved
37institution, as defined in Section 4999.12.

38(2) Coursework taken to meet deficiencies in the required areas
39of study listed in subparagraphs (A) to (I), inclusive, of paragraph
P7    1(1) of subdivision (c) shall be the equivalent of three semester units
2or four and one-half quarter units of study.

3(3) The board shall make the final determination as to whether
4a degree meets all requirements, including, but not limited to,
5course requirements, regardless of accreditation.

6(e) In addition to the degree described in this section, or as part
7of that degree, an applicant shall complete the following
8coursework or training prior to registration as an intern:

9(1) A minimum of 15 contact hours of instruction in alcoholism
10and other chemical substance abuse dependency, as specified by
11regulation.

12(2) A minimum of 10 contact hours of training or coursework
13in human sexuality as specified in Section 25, and any regulations
14promulgated thereunder.

15(3) A two semester unit or three quarter unit survey course in
16psychopharmacology.

17(4) A minimum of 15 contact hours of instruction in spousal or
18partner abuse assessment, detection, and intervention strategies,
19including knowledge of community resources, cultural factors,
20and same gender abuse dynamics.

21(5) A minimum of seven contact hours of training or coursework
22in child abuse assessment and reporting as specified in Section 28
23and any regulations adopted thereunder.

24(6) A minimum of 18 contact hours of instruction in California
25law and professional ethics for professional clinical counselors
26that includes, but is not limited to, instruction in advertising, scope
27of practice, scope of competence, treatment of minors,
28confidentiality, dangerous clients, psychotherapist-client privilege,
29recordkeeping, client access to records, dual relationships, child
30abuse, elder and dependent adult abuse, online therapy, insurance
31reimbursement, civil liability, disciplinary actions and
32unprofessional conduct, ethics complaints and ethical standards,
33termination of therapy, standards of care, relevant family law,
34therapist disclosures to clients, and state and federal laws related
35to confidentiality of patient health information. When coursework
36in a master’s or doctoral degree program is acquired to satisfy this
37requirement, it shall be considered as part of the 48 semester unit
38or 72 quarter unit requirement in subdivision (c).

39(7) A minimum of 10 contact hours of instruction in aging and
40long-term care, which may include, but is not limited to, the
P8    1biological, social, and psychological aspects of aging. On and after
2January 1, 2012, this coursework shall include instruction on the
3assessment and reporting of, as well as treatment related to, elder
4and dependent adult abuse and neglect.

5(8) A minimum of 15 contact hours of instruction in crisis or
6trauma counseling, including multidisciplinary responses to crises,
7emergencies, or disasters, and brief, intermediate, and long-term
8approaches.

9(f) This section shall remain in effect only until January 1, 2019,
10and as of that date is repealed, unless a later enacted statute that
11is enacted before January 1, 2019, deletes or extends that date.

5096.10.  

(a) The provisions of this article shall only be
16operative if there is an appropriation from the Accountancy Fund
17in the annual Budget Act to fund the activities in the article and
18sufficient hiring authority is granted pursuant to a budget change
19proposal to the board to provide staffing to implement this article.

20(b) This section shall become inoperative on July 1, 2013, and,
21as of January 1, 2014, is repealed, unless a later enacted statute,
22that becomes operative on or before January 1, 2014, deletes or
23extends the dates on which it becomes inoperative and is repealed.

21609.1.  

(a) No junk dealer or recycler shall possess any
27reasonably recognizable, disassembled, or inoperative fire hydrant
28or fire department connection, including, but not limited to,
29reasonably recognizable brass fittings and parts, or any manhole
30cover or lid or reasonably recognizable part of a manhole cover
31or lid, or any backflow device or connection to that device or
32reasonably recognizable part of that device, that was owned or
33previously owned by an agency, in the absence of a written
34certification on the letterhead of the agency owning or previously
35owning the material described in the certification that the agency
36has either sold the material described or is offering the material
37for sale, salvage, or recycling, and that the person possessing the
38certification and identified in the certification is authorized to
39negotiate the sale of that material.

P9    1(b) A junk dealer or recycler who unknowingly takes possession
2of one or more of the items listed in subdivision (a) as part of a
3load of otherwise nonprohibited materials without a written
4certification has a duty to notify the appropriate law enforcement
5agency by the end of the next business day upon discovery of the
6prohibited material. Written certification shall relieve the junk
7dealer or recycler from any civil or criminal penalty for possession
8of the prohibited material. The prohibited material shall be set
9aside and not sold pending a determination made by a law
10enforcement agency pursuant to Section 21609.

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

12(1) “Agency” means a public agency, city, county, city and
13county, special district, or private utility regulated by the Public
14Utilities Commission.

15(2) “Appropriate law enforcement agency” means either of the
16following:

17(A) The police chief of the city, or his or her designee, if the
18item or items listed in subdivision (a) are located within the
19territorial limits of an incorporated city.

20(B) The sheriff of the county or his or her designee if the item
21or items listed are located within the county but outside the
22territorial limits of an incorporated city.

23(3) “Written certification” means a certification in written form
24by the junk dealer or recycler to a law enforcement agency,
25including electronic mail, facsimile, or a letter delivered in person
26or by certified mail.

23958.4.  

(a) For purposes of Section 23958, “undue
30concentration” means the case in which the applicant premises for
31an original or premises-to-premises transfer of any retail license
32are located in an area where any of the following conditions exist:

33(1) The applicant premises are located in a crime reporting
34district that has a 20 percent greater number of reported crimes,
35as defined in subdivision (c), than the average number of reported
36crimes as determined from all crime reporting districts within the
37jurisdiction of the local law enforcement agency.

38(2) As to on-sale retail license applications, the ratio of on-sale
39retail licenses to population in the census tract or census division
40in which the applicant premises are located exceeds the ratio of
P10   1on-sale retail licenses to population in the county in which the
2applicant premises are located.

3(3) As to off-sale retail license applications, the ratio of off-sale
4retail licenses to population in the census tract or census division
5in which the applicant premises are located exceeds the ratio of
6off-sale retail licenses to population in the county in which the
7applicant premises are located.

8(b) Notwithstanding Section 23958, the department may issue
9a license as follows:

10(1) With respect to a nonretail license, a retail on-sale bona fide
11eating place license, a retail license issued for a hotel, motel, or
12other lodging establishment, as defined in subdivision (b) of
13Section 25503.16, a retail license issued in conjunction with a beer
14manufacturer’s license, or a winegrower’s license, if the applicant
15shows that public convenience or necessity would be served by
16the issuance.

17(2) With respect to any other license, if the local governing body
18of the area in which the applicant premises are located, or its
19designated subordinate officer or body, determines within 90 days
20of notification of a completed application that public convenience
21or necessity would be served by the issuance. The 90-day period
22shall commence upon receipt by the local governing body of (A)
23notification by the department of an application for licensure, or
24(B) a completed application according to local requirements, if
25any, whichever is later.

26If the local governing body, or its designated subordinate officer
27or body, does not make a determination within the 90-day period,
28then the department may issue a license if the applicant shows the
29department that public convenience or necessity would be served
30by the issuance. In making its determination, the department shall
31not attribute any weight to the failure of the local governing body,
32or its designated subordinate officer or body, to make a
33determination regarding public convenience or necessity within
34the 90-day period.

35(c) For purposes of this section, the following definitions shall
36apply:

37(1) “Reporting districts” means geographical areas within the
38boundaries of a single governmental entity (city or the
39unincorporated area of a county) that are identified by the local
P11   1law enforcement agency in the compilation and maintenance of
2statistical information on reported crimes and arrests.

3(2) “Reported crimes” means the most recent yearly compilation
4by the local law enforcement agency of reported offenses of
5criminal homicide, forcible rape, robbery, aggravated assault,
6burglary, larceny, theft, and motor vehicle theft, combined with
7all arrests for other crimes, both felonies and misdemeanors, except
8traffic citations.

9(3) “Population within the census tract or census division” means
10the population as determined by the most recent United States
11decennial or special census. The population determination shall
12not operate to prevent an applicant from establishing that an
13increase of resident population has occurred within the census tract
14or census division.

15(4) “Population in the county” shall be determined by the annual
16population estimate for California counties published by the
17Population Research Unit of the Department of Finance.

18(5) “Retail licenses” shall include the following:

19(A) Off-sale retail licenses: Type 20 (off-sale beer and wine)
20and Type 21 (off-sale general).

21(B) On-sale retail licenses: All retail on-sale licenses, except
22Type 43 (on-sale beer and wine for train), Type 44 (on-sale beer
23and wine for fishing party boat), Type 45 (on-sale beer and wine
24for boat), Type 46 (on-sale beer and wine for airplane), Type 53
25(on-sale general for train and sleeping car), Type 54 (on-sale
26general for boat), Type 55 (on-sale general for airplane), Type 56
27(on-sale general for vessels of more than 1,000 tons burden), and
28Type 62 (on-sale general bona fide public eating place intermittent
29dockside license for vessels of more than 15,000 tons
30displacement).

31(6) A “premises-to-premises transfer” refers to each license
32being separate and distinct, and transferable upon approval of the
33department.

34(d) For purposes of this section, the number of retail licenses
35in the county shall be established by the department on an annual
36basis.

37(e) The enactment of this section shall not affect any existing
38rights of any holder of a retail license issued before April 29, 1992,
39whose premises were destroyed or rendered unusable as a result
P12   1of the civil disturbances occurring in Los Angeles from April 29
2to May 2, 1992, to reopen and operate those licensed premises.

3(f) This section shall not apply if the premises have been
4licensed and operated with the same type license within 90 days
5of the application.

25502.2.  

(a) A person employed or engaged by an authorized
9licensee may appear at a promotional event at the premises of an
10off-sale retail licensee for the purposes of providing autographs
11to consumers at the promotional event only under the following
12conditions:

13(1) A purchase from the off-sale retail licensee is not required.

14(2) A fee is not charged to attend the promotional event.

15(3) Autographing may only be provided on consumer advertising
16specialities given by the authorized licensee to a consumer or on
17any item provided by the consumer.

18(4) The promotional event does not exceed four hours in
19duration.

20(5) There are no more than two promotional events per calendar
21year involving the same authorized licensee at a single premises
22of an off-sale retail licensee.

23(6) The off-sale retail licensee may advertise the promotional
24event to be held at its licensed premises.

25(7) An authorized licensee may advertise in advance of the
26promotional event only in publications of the authorized licensee,
27subject to the following conditions:

28(A) The advertising only lists the name and address of the
29off-sale retail licensee, the name of the alcoholic beverage product
30being featured at the promotional event, and the time, date, and
31location of the off-sale retail licensee location where the
32promotional event is being held.

33(B) The listing of the off-sale retail licensee’s name and address
34is the only reference to the off-sale retail licensee in the
35advertisement and is relatively inconspicuous in relation to the
36advertisement as a whole, and the advertisement does not contain
37any pictures or illustrations of the off-sale retail licensee’s premises
38or laudatory references to the off-sale retail licensee.

39(8) A wholesaler does not directly or indirectly underwrite,
40share in, or contribute to any costs related to the promotional event,
P13   1except that a beer and wine wholesaler that holds at least six
2distilled spirits wholesaler licenses may directly or indirectly
3underwrite, share in, or contribute to any costs related to a
4promotional event for which the wholesaler employs or engages
5the person providing autographs to consumers at the promotional
6event.

7(9) The authorized licensee notifies the department in writing
8of the promotional event at least 30 days in advance of the
9promotional event.

10(10) The authorized licensee maintains records necessary to
11establish its compliance with this section.

12(b) For purposes of this section, “authorized licensee” means a
13manufacturer, winegrower, manufacturer’s agent, California
14winegrower’s agent, rectifier, importer, brandy manufacturer,
15brandy importer, or wholesaler.

16(c) This section shall remain in effect only until January 1, 2016,
17and as of that date is repealed, unless a later enacted statute, that
18is enacted before January 1, 2016, deletes or extends that date.

25600.2.  

(a) An authorized licensee may conduct or sponsor
22consumer sweepstakes, subject to the following conditions:

23(1) (A) No entry fee may be charged to participate in a
24sweepstakes authorized by this subdivision. Entry or extra chances
25in a sweepstakes shall not be made available via the purchase of
26an alcoholic beverage.

27(B) Entry into or participation in a sweepstakes shall be limited
28to persons 21 years of age or older.

29(C) No sweepstakes shall involve consumption of alcoholic
30beverages by a participant.

31(D) Subject to subparagraph (B), any sweepstakes offered in
32California shall be open to all residents of California.

33(E) A sweepstakes may not be conducted for the benefit of any
34permanent retail license.

35(2) (A) Closures, caps, cap liners, corks, labels, cartons, cases,
36packaging, or other similar material shall not be used as an entry
37to a sweepstakes or as a means of determining the amount or size
38of the prize or the winner in a sweepstakes, except as provided in
39subparagraphs (D) and (F).

P14   1(B) The authorized licensee shall provide an alternative means
2of entry that does not require a visit to a licensed premises.

3(C) Except as provided in subparagraph (D), removable entry
4forms shall not be used on alcoholic beverage labels, containers,
5packaging, cases, or cartons.

6(D) Removable entry forms that are neck hangers shall be used
7only on bottles of wine or distilled spirits, and shall not require
8purchase of the product. Removable neck hangers shall be used
9only if other entry forms are available at the point of sale or if an
10alternative means of entry is also available.

11(E) Entry forms may be provided through electronic or other
12media, including point of sale.

13(F) Codes that may be scanned or electronically entered by a
14consumer where the authorized licensee has permanently affixed
15the codes as part of the original alcoholic beverage label, container,
16packaging, case, or carton and where the codes are not removable
17and not required to be removed are permitted as a form of entry.

18(G) All permitted means of entry, including the use of electronic
19or scanner codes, shall clearly indicate that no purchase is required
20to enter.

21(H) All sweepstakes entries shall provide the entrant with an
22equal odds of winning.

23(3) A sweepstakes shall not provide for the instant or immediate
24awarding of a prize or prizes. Instant or immediate notification to
25the consumer that he or she is a winner is permissible.

26(4) Except for providing a means of entry, a sweepstakes
27authorized by this section shall not be conducted at the premises
28of a retail licensee or the premises of a winegrower or beer
29manufacturer operating under a duplicate license for a branch
30office.

31(5) Alcoholic beverages or anything redeemable for alcoholic
32beverages shall not be awarded as a sweepstakes prize. This
33 paragraph shall not prohibit a sweepstakes in which the prize is
34cash or cash equivalent or the awarding of cash or cash equivalent.

35(6) A retail licensee shall not serve as the agent of an authorized
36licensee by collecting or forwarding entries or awarding prizes to,
37or redeeming prizes for, a sweepstakes winner. The matching of
38entries with numbers or pictures on the point-of-sale materials at
39retail licensed premises is permitted only if entrants are also offered
40the opportunity to use an alternative means to determine
P15   1prize-winning status. An authorized licensee may furnish and
2maintain a deposit box on a retail licensed premises for the
3collection and forwarding of sweepstakes entry forms.

4(7) A licensee that is not an authorized licensee shall not directly
5or indirectly underwrite, share in, or contribute to, the costs of a
6sweepstakes authorized by this section or serve as the agent of an
7authorized licensee to collect or forward entries or to furnish any
8prize to a sweepstakes winner.

9(8) (A) Advertising of a sweepstakes shall comply with the
10signage and advertising restrictions contained in this chapter,
11Chapter 15 (commencing with Section 25500), and any regulations
12issued by the department.

13(B) Advertising or promotion of a sweepstakes shall not identify
14or refer to a retail licensee.

15(C) A retail licensee shall only advertise or promote a
16sweepstakes authorized by this section in the manner specified in
17subparagraph (A).

18(D) Advertising or promotion of a sweepstakes shall only be
19conducted on the premises of a retail licensee when such
20advertisement or promotion involves a minimum of three
21 unaffiliated retail licensees. For purposes of this subparagraph,
22“unaffiliated retail licensees” shall not include a retail licensee
23owned or controlled in whole or in part by an authorized licensee
24or any officer, director, or agent of that licensee.

25(E) Placement of signs or other advertising of a sweepstakes in
26a licensed retail premises shall not be conditioned upon the
27following:

28(i) The placement of a product within the licensed premises or
29the restriction, in any way, of the purchase of a product by a
30licensee, the removal of a product from the sales area of a licensed
31premises, or the resetting or repositioning of a product within the
32licensed premises.

33(ii) The purchase or sale of a product produced, imported,
34distributed, represented, or promoted by an authorized licensee or
35its agent.

36(F) An agreement, whether written or oral, entered into, by, and
37between a retail licensee and an authorized licensee that precludes
38the advertisement or promotion of a sweepstakes on the premises
39of the retail licensee by another authorized licensee or its agent is
40prohibited.

P16   1(9) Sweepstakes prizes shall not be awarded to an authorized
2licensee, retail licensee, or wholesale licensee or agent, officer,
3employee, or family member of an authorized licensee, retail
4licensee, or wholesale licensee. For the purposes of this paragraph,
5“family member” means a spouse, parent, sibling, child, son-in-law,
6daughter-in-law, and lineal descendants, including those by
7adoption. An authorized licensee shall maintain all records
8pertaining to a sweepstakes for three years following the
9completion of a sweepstakes.

10(b) For purposes of this section:

11(1) (A) “Authorized licensee” means a winegrower, beer and
12wine importer general, beer manufacturer, out-of-state beer
13manufacturer certificate holder, distilled spirits manufacturer,
14distilled spirits manufacturer’s agent, distilled spirits importer
15general, distilled spirits general rectifier, rectifier, out-of-state
16distilled spirits shipper’s certificate holder, brandy manufacturer,
17and brandy importer. An authorized licensee may conduct, sponsor,
18or participate in a sweepstakes pursuant to this section regardless
19of whether the licensee holds an additional license not included in
20this paragraph.

21(B) An “authorized licensee” shall not include a beer and wine
22wholesaler, a beer and wine importer general, or distilled spirits
23importer general that only holds a wholesaler’s or retailer’s license
24as an additional license.

25(2) “Sweepstakes” means a procedure, activity, or event for the
26distribution of anything of value by lot, chance, or random selection
27where the odds for winning a prize are equal for each entry.

28(c) Nothing in this section authorizes conducting sweepstakes
29where consumers are entitled to an allotment or accumulation of
30points based on purchases made over a period of time that can be
31redeemed for prizes, things of value, or additional sweepstakes
32entries.

33(d) A prize awarded for a sweepstakes conducted pursuant to
34this section shall not be subject to the monetary limitation imposed
35by Section 25600 or a regulation of the department.

36(e) An authorized licensee that violates this section, in addition
37to any other penalty imposed by this division, may be prohibited
38by the department from offering a sweepstakes to California
39residents for a period of 12 months.

55.56.  

(a) Statutory damages under either subdivision (a) of
2Section 52 or subdivision (a) of Section 54.3 may be recovered in
3a construction-related accessibility claim against a place of public
4accommodation only if a violation or violations of one or more
5construction-related accessibility standards denied the plaintiff
6full and equal access to the place of public accommodation on a
7particular occasion.

8(b) A plaintiff is denied full and equal access only if the plaintiff
9personally encountered the violation on a particular occasion, or
10the plaintiff was deterred from accessing a place of public
11accommodation on a particular occasion.

12(c) A violation personally encountered by a plaintiff may be
13sufficient to cause a denial of full and equal access if the plaintiff
14experienced difficulty, discomfort, or embarrassment because of
15the violation.

16(d) A plaintiff demonstrates that he or she was deterred from
17accessing a place of public accommodation on a particular occasion
18only if both of the following apply:

19(1) The plaintiff had actual knowledge of a violation or
20violations that prevented or reasonably dissuaded the plaintiff from
21accessing a place of public accommodation that the plaintiff
22intended to use on a particular occasion.

23(2) The violation or violations would have actually denied the
24plaintiff full and equal access if the plaintiff had accessed the place
25of public accommodation on that particular occasion.

26(e) Statutory damages may be assessed pursuant to subdivision
27(a) based on each particular occasion that the plaintiff was denied
28full and equal access, and not upon the number of violations of
29construction-related accessibility standards identified at the place
30of public accommodation where the denial of full and equal access
31occurred. If the place of public accommodation consists of distinct
32facilities that offer distinct services, statutory damages may be
33assessed based on each denial of full and equal access to the distinct
34facility, and not upon the number of violations of
35construction-related accessibility standards identified at the place
36of public accommodation where the denial of full and equal access
37occurred.

38(f) (1) Notwithstanding any other law, a defendant’s liability
39for statutory damages in a construction-related accessibility claim
40against a place of public accommodation is reduced to a minimum
P18   1of one thousand dollars ($1,000) for each offense if the defendant
2demonstrates that it has corrected all construction-related violations
3that are the basis of a claim within 60 days of being served with
4the complaint, and the defendant demonstrates any of the following:

5(A) The structure or area of the alleged violation was determined
6to be “CASp-inspected” or “meets applicable standards” and, to
7the best of the defendant’s knowledge, there were no modifications
8or alterations that impacted compliance with construction-related
9accessibility standards with respect to the plaintiff’s claim that
10were completed or commenced between the date of that
11determination and the particular occasion on which the plaintiff
12was allegedly denied full and equal access.

13(B) The structure or area of the alleged violation was the subject
14of an inspection report indicating “CASp determination pending”
15or “Inspected by a CASp,” and the defendant has either
16implemented reasonable measures to correct the alleged violation
17before the particular occasion on which the plaintiff was allegedly
18denied full and equal access, or the defendant was in the process
19of correcting the alleged violation within a reasonable time and
20manner before the particular occasion on which the plaintiff was
21allegedly denied full and equal access.

22(C) For a claim alleging a construction-related accessibility
23violation filed before January 1, 2018, the structure or area of the
24alleged violation was a new construction or an improvement that
25was approved by, and passed inspection by, the local building
26department permit and inspection process on or after January 1,
272008, and before January 1, 2016, and, to the best of the
28defendant’s knowledge, there were no modifications or alterations
29that impacted compliance with respect to the plaintiff’s claim that
30were completed or commenced between the completion date of
31the new construction or improvement and the particular occasion
32on which the plaintiff was allegedly denied full and equal access.

33(D) The structure or area of the alleged violation was new
34construction or an improvement that was approved by, and passed
35inspection by, a local building department official who is a certified
36access specialist, and, to the best of the defendant’s knowledge,
37there were no modifications or alterations that affected compliance
38with respect to the plaintiff’s claim that were completed or
39commenced between the completion date of the new construction
P19   1or improvement and the particular occasion on which the plaintiff
2was allegedly denied full and equal access.

3(2) Notwithstanding any other law, a defendant’s liability for
4statutory damages in a construction-related accessibility claim
5against a place of public accommodation is reduced to a minimum
6of two thousand dollars ($2,000) for each offense if the defendant
7demonstrates both of the following:

8(A) The defendant has corrected all construction-related
9violations that are the basis of a claim within 30 days of being
10served with the complaint.

11(B) The defendant is a small business that has employed 25 or
12fewer employees on average over the past three years, or for the
13years it has been in existence if less than three years, as evidenced
14by wage report forms filed with the Economic Development
15Department, and has average annual gross receipts of less than
16three million five hundred thousand dollars ($3,500,000) over the
17previous three years, or for the years it has been in existence if
18less than three years, as evidenced by federal or state income tax
19returns. The average annual gross receipts dollar amount shall be
20adjusted biannually by the Department of General Services for
21changes in the California Consumer Price Index for All Urban
22Consumers, as compiled by the Department of Industrial Relations.
23The Department of General Services shall post that adjusted
24amount on its Internet Web site.

25(3) This subdivision shall not be applicable to intentional
26violations.

27(4) Nothing in this subdivision affects the awarding of actual
28damages, or affects the awarding of treble actual damages.

29(5) This subdivision shall apply only to claims filed on or after
30the effective date of Senate Bill 1186 of the 2011-12 Regular
31Session of the Legislature. Nothing in this subdivision is intended
32to affect a complaint filed before that date.

33(g) This section does not alter the applicable law for the
34awarding of injunctive or other equitable relief for a violation or
35violations of one or more construction-related accessibility
36standards, nor alter any legal obligation of a party to mitigate
37damages.

38(h) In assessing liability under subdivision (d), in an action
39alleging multiple claims for the same construction-related
40accessibility violation on different particular occasions, the court
P20   1shall consider the reasonableness of the plaintiff’s conduct in light
2of the plaintiff’s obligation, if any, to mitigate damages.

56.16.  

For disclosures not addressed by Section 56.1007, unless
5there is a specific written request by the patient to the contrary,
6nothing in this part shall be construed to prevent a general acute
7care hospital, as defined in subdivision (a) of Section 1250 of the
8Health and Safety Code, upon an inquiry concerning a specific
9patient, from releasing at its discretion any of the following
10information: the patient’s name, address, age, and sex; a general
11description of the reason for treatment (whether an injury, a burn,
12poisoning, or some unrelated condition); the general nature of the
13injury, burn, poisoning, or other condition; the general condition
14of the patient; and any information that is not medical information
15as defined in subdivision (g) of Section 56.05.

1195.  

(a) Proof of the execution of an instrument, when not
18acknowledged, may be made by any of the following:

19(1) By the party executing it, or either of them.

20(2) By a subscribing witness.

21(3) By other witnesses, in cases mentioned in Section 1198.

22(b) (1)  Proof of the execution of a power of attorney, grant
23deed, mortgage, deed of trust, quitclaim deed, security agreement,
24or any instrument affecting real property is not permitted pursuant
25to Section 27287 of the Government Code, though proof of the
26execution of a trustee’s deed or deed of reconveyance is permitted.

27(2) Proof of the execution for any instrument requiring a notary
28public to obtain a thumbprint from the party signing the document
29in the notary public’s journal is not permitted.

30(c) Any certificate for proof of execution taken within this state
31may be in the following form, although the use of other,
32substantially similar forms is not precluded:

37On ____ (date), before me, the undersigned, a notary public for the state,
38personally appeared ____ (name of subscribing witness), proved to me to be
39the person whose name is subscribed to the within instrument, as a witness
40thereto, on the oath of ____ (name of credible witness), a credible witness who
P21   1is known to me and provided a satisfactory identifying document. ____ (name
2of subscribing witness), being by me duly sworn, said that he/she was present
3and saw/heard ____ (name[s] of principal[s]), the same person(s) described in
4and whose name(s) is/are subscribed to the within or attached instrument in
5his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or
6acknowledge executing the same, and that said affiant subscribed his/her name
7to the within or attached instrument as a witness at the request of ____ (name[s]
8 of principal[s]).

1950.5.  

(a) This section applies to security for a rental
15agreement for residential property that is used as the dwelling of
16the tenant.

17(b) As used in this section, “security” means any payment, fee,
18deposit, or charge, including, but not limited to, any payment, fee,
19deposit, or charge, except as provided in Section 1950.6, that is
20imposed at the beginning of the tenancy to be used to reimburse
21the landlord for costs associated with processing a new tenant or
22that is imposed as an advance payment of rent, used or to be used
23for any purpose, including, but not limited to, any of the following:

24(1) The compensation of a landlord for a tenant’s default in the
25payment of rent.

26(2) The repair of damages to the premises, exclusive of ordinary
27wear and tear, caused by the tenant or by a guest or licensee of the
28tenant.

29(3) The cleaning of the premises upon termination of the tenancy
30necessary to return the unit to the same level of cleanliness it was
31in at the inception of the tenancy. The amendments to this
32paragraph enacted by the act adding this sentence shall apply only
33to tenancies for which the tenant’s right to occupy begins after
34January 1, 2003.

35(4) To remedy future defaults by the tenant in any obligation
36under the rental agreement to restore, replace, or return personal
37property or appurtenances, exclusive of ordinary wear and tear, if
38the security deposit is authorized to be applied thereto by the rental
39agreement.

P22   1(c) A landlord may not demand or receive security, however
2denominated, in an amount or value in excess of an amount equal
3to two months’ rent, in the case of unfurnished residential property,
4and an amount equal to three months’ rent, in the case of furnished
5residential property, in addition to any rent for the first month paid
6on or before initial occupancy.

7This subdivision does not prohibit an advance payment of not
8less than six months’ rent if the term of the lease is six months or
9longer.

10This subdivision does not preclude a landlord and a tenant from
11entering into a mutual agreement for the landlord, at the request
12of the tenant and for a specified fee or charge, to make structural,
13decorative, furnishing, or other similar alterations, if the alterations
14are other than cleaning or repairing for which the landlord may
15charge the previous tenant as provided by subdivision (e).

16(d) Any security shall be held by the landlord for the tenant who
17is party to the lease or agreement. The claim of a tenant to the
18security shall be prior to the claim of any creditor of the landlord.

19(e) The landlord may claim of the security only those amounts
20as are reasonably necessary for the purposes specified in
21subdivision (b). The landlord may not assert a claim against the
22tenant or the security for damages to the premises or any defective
23conditions that preexisted the tenancy, for ordinary wear and tear
24or the effects thereof, whether the wear and tear preexisted the
25tenancy or occurred during the tenancy, or for the cumulative
26effects of ordinary wear and tear occurring during any one or more
27tenancies.

28(f) (1) Within a reasonable time after notification of either
29party’s intention to terminate the tenancy, or before the end of the
30lease term, the landlord shall notify the tenant in writing of his or
31her option to request an initial inspection and of his or her right to
32be present at the inspection. The requirements of this subdivision
33do not apply when the tenancy is terminated pursuant to subdivision
34(2), (3), or (4) of Section 1161 of the Code of Civil Procedure. At
35a reasonable time, but no earlier than two weeks before the
36termination or the end of lease date, the landlord, or an agent of
37the landlord, shall, upon the request of the tenant, make an initial
38inspection of the premises prior to any final inspection the landlord
39makes after the tenant has vacated the premises. The purpose of
40the initial inspection shall be to allow the tenant an opportunity to
P23   1remedy identified deficiencies, in a manner consistent with the
2rights and obligations of the parties under the rental agreement, in
3order to avoid deductions from the security. If a tenant chooses
4not to request an initial inspection, the duties of the landlord under
5this subdivision are discharged. If an inspection is requested, the
6parties shall attempt to schedule the inspection at a mutually
7acceptable date and time. The landlord shall give at least 48 hours’
8prior written notice of the date and time of the inspection if either
9a mutual time is agreed upon, or if a mutually agreed time cannot
10be scheduled but the tenant still wishes an inspection. The tenant
11and landlord may agree to forgo the 48-hour prior written notice
12by both signing a written waiver. The landlord shall proceed with
13the inspection whether the tenant is present or not, unless the tenant
14previously withdrew his or her request for the inspection. Written
15notice by the landlord shall contain, in substantially the same form,
16the following:

18“State law permits former tenants to reclaim abandoned personal
19property left at the former address of the tenant, subject to certain
20 conditions. You may or may not be able to reclaim property without
21incurring additional costs, depending on the cost of storing the
22property and the length of time before it is reclaimed. In general,
23these costs will be lower the sooner you contact your former
24landlord after being notified that property belonging to you was
25left behind after you moved out.”

27(2) Based on the inspection, the landlord shall give the tenant
28an itemized statement specifying repairs or cleanings that are
29proposed to be the basis of any deductions from the security the
30landlord intends to make pursuant to paragraphs (1) to (4),
31inclusive, of subdivision (b). This statement shall also include the
32texts of paragraphs (1) to (4), inclusive, of subdivision (b). The
33statement shall be given to the tenant, if the tenant is present for
34the inspection, or shall be left inside the premises.

35(3) The tenant shall have the opportunity during the period
36following the initial inspection until termination of the tenancy to
37remedy identified deficiencies, in a manner consistent with the
38rights and obligations of the parties under the rental agreement, in
39order to avoid deductions from the security.

P24   1(4) Nothing in this subdivision shall prevent a landlord from
2using the security for deductions itemized in the statement provided
3for in paragraph (2) that were not cured by the tenant so long as
4the deductions are for damages authorized by this section.

5(5) Nothing in this subdivision shall prevent a landlord from
6using the security for any purpose specified in paragraphs (1) to
7(4), inclusive, of subdivision (b) that occurs between completion
8of the initial inspection and termination of the tenancy or was not
9 identified during the initial inspection due to the presence of a
10tenant’s possessions.

11(g) (1) No later than 21 calendar days after the tenant has
12vacated the premises, but not earlier than the time that either the
13landlord or the tenant provides a notice to terminate the tenancy
14under Section 1946 or 1946.1, Section 1161 of the Code of Civil
15Procedure, or not earlier than 60 calendar days prior to the
16expiration of a fixed-term lease, the landlord shall furnish the
17tenant, by personal delivery or by first-class mail, postage prepaid,
18a copy of an itemized statement indicating the basis for, and the
19amount of, any security received and the disposition of the security,
20and shall return any remaining portion of the security to the tenant.
21After either the landlord or the tenant provides notice to terminate
22the tenancy, the landlord and tenant may mutually agree to have
23the landlord deposit any remaining portion of the security deposit
24electronically to a bank account or other financial institution
25designated by the tenant. After either the landlord or the tenant
26provides notice to terminate the tenancy, the landlord and the tenant
27may also agree to have the landlord provide a copy of the itemized
28statement along with the copies required by paragraph (2) to an
29email account provided by the tenant.

30(2) Along with the itemized statement, the landlord shall also
31include copies of documents showing charges incurred and
32deducted by the landlord to repair or clean the premises, as follows:

33(A) If the landlord or landlord’s employee did the work, the
34itemized statement shall reasonably describe the work performed.
35The itemized statement shall include the time spent and the
36reasonable hourly rate charged.

37(B) If the landlord or landlord’s employee did not do the work,
38the landlord shall provide the tenant a copy of the bill, invoice, or
39receipt supplied by the person or entity performing the work. The
40itemized statement shall provide the tenant with the name, address,
P25   1and telephone number of the person or entity, if the bill, invoice,
2or receipt does not include that information.

3(C) If a deduction is made for materials or supplies, the landlord
4shall provide a copy of the bill, invoice, or receipt. If a particular
5material or supply item is purchased by the landlord on an ongoing
6basis, the landlord may document the cost of the item by providing
7a copy of a bill, invoice, receipt, vendor price list, or other vendor
8document that reasonably documents the cost of the item used in
9the repair or cleaning of the unit.

10(3) If a repair to be done by the landlord or the landlord’s
11employee cannot reasonably be completed within 21 calendar days
12after the tenant has vacated the premises, or if the documents from
13a person or entity providing services, materials, or supplies are not
14in the landlord’s possession within 21 calendar days after the tenant
15has vacated the premises, the landlord may deduct the amount of
16a good faith estimate of the charges that will be incurred and
17provide that estimate with the itemized statement. If the reason for
18the estimate is because the documents from a person or entity
19providing services, materials, or supplies are not in the landlord’s
20possession, the itemized statement shall include the name, address,
21and telephone number of the person or entity. Within 14 calendar
22days of completing the repair or receiving the documentation, the
23landlord shall complete the requirements in paragraphs (1) and (2)
24in the manner specified.

25(4) The landlord need not comply with paragraph (2) or (3) if
26either of the following applies:

27(A) The deductions for repairs and cleaning together do not
28exceed one hundred twenty-five dollars ($125).

29(B) The tenant waived the rights specified in paragraphs (2) and
30(3). The waiver shall only be effective if it is signed by the tenant
31at the same time or after a notice to terminate a tenancy under
32Section 1946 or 1946.1 has been given, a notice under Section
331161 of the Code of Civil Procedure has been given, or no earlier
34than 60 calendar days prior to the expiration of a fixed-term lease.
35The waiver shall substantially include the text of paragraph (2).

36(5) Notwithstanding paragraph (4), the landlord shall comply
37with paragraphs (2) and (3) when a tenant makes a request for
38documentation within 14 calendar days after receiving the itemized
39statement specified in paragraph (1). The landlord shall comply
40within 14 calendar days after receiving the request from the tenant.

P26   1(6) Any mailings to the tenant pursuant to this subdivision shall
2be sent to the address provided by the tenant. If the tenant does
3not provide an address, mailings pursuant to this subdivision shall
4be sent to the unit that has been vacated.

5(h) Upon termination of the landlord’s interest in the premises,
6whether by sale, assignment, death, appointment of receiver, or
7otherwise, the landlord or the landlord’s agent shall, within a
8reasonable time, do one of the following acts, either of which shall
9relieve the landlord of further liability with respect to the security
10held:

11(1) Transfer the portion of the security remaining after any
12lawful deductions made under subdivision (e) to the landlord’s
13successor in interest. The landlord shall thereafter notify the tenant
14by personal delivery or by first-class mail, postage prepaid, of the
15transfer, of any claims made against the security, of the amount
16of the security deposited, and of the names of the successors in
17interest, their addresses, and their telephone numbers. If the notice
18to the tenant is made by personal delivery, the tenant shall
19acknowledge receipt of the notice and sign his or her name on the
20landlord’s copy of the notice.

21(2) Return the portion of the security remaining after any lawful
22deductions made under subdivision (e) to the tenant, together with
23an accounting as provided in subdivision (g).

24(i) Prior to the voluntary transfer of a landlord’s interest in the
25premises, the landlord shall deliver to the landlord’s successor in
26interest a written statement indicating the following:

27(1) The security remaining after any lawful deductions are made.

28(2) An itemization of any lawful deductions from any security
29received.

30(3) His or her election under paragraph (1) or (2) of subdivision
31(h).

32This subdivision does not affect the validity of title to the real
33property transferred in violation of this subdivision.

34(j) (1) In the event of noncompliance with subdivision (h), the
35landlord’s successors in interest shall be jointly and severally liable
36with the landlord for repayment of the security, or that portion
37thereof to which the tenant is entitled, when and as provided in
38subdivisions (e) and (g). A successor in interest of a landlord may
39not require the tenant to post any security to replace that amount
40not transferred to the tenant or successors in interest as provided
P27   1in subdivision (h), unless and until the successor in interest first
2makes restitution of the initial security as provided in paragraph
3(2) of subdivision (h) or provides the tenant with an accounting as
4provided in subdivision (g).

5(2) This subdivision does not preclude a successor in interest
6from recovering from the tenant compensatory damages that are
7in excess of the security received from the landlord previously
8paid by the tenant to the landlord.

9(3) Notwithstanding this subdivision, if, upon inquiry and
10reasonable investigation, a landlord’s successor in interest has a
11good faith belief that the lawfully remaining security deposit is
12transferred to him or her or returned to the tenant pursuant to
13subdivision (h), he or she is not liable for damages as provided in
14subdivision (l), or any security not transferred pursuant to
15subdivision (h).

16(k) Upon receipt of any portion of the security under paragraph
17(1) of subdivision (h), the landlord’s successors in interest shall
18have all of the rights and obligations of a landlord holding the
19security with respect to the security.

20(l) The bad faith claim or retention by a landlord or the
21landlord’s successors in interest of the security or any portion
22thereof in violation of this section, or the bad faith demand of
23replacement security in violation of subdivision (j), may subject
24the landlord or the landlord’s successors in interest to statutory
25damages of up to twice the amount of the security, in addition to
26actual damages. The court may award damages for bad faith
27whenever the facts warrant that award, regardless of whether the
28injured party has specifically requested relief. In an action under
29this section, the landlord or the landlord’s successors in interest
30shall have the burden of proof as to the reasonableness of the
31amounts claimed or the authority pursuant to this section to demand
32additional security deposits.

33(m) No lease or rental agreement may contain a provision
34characterizing any security as “nonrefundable.”

35(n) An action under this section may be maintained in small
36claims court if the damages claimed, whether actual, statutory, or
37both, are within the jurisdictional amount allowed by Section
38116.220 or 116.221 of the Code of Civil Procedure.

39(o) Proof of the existence of and the amount of a security deposit
40may be established by any credible evidence, including, but not
P28   1limited to, a canceled check, a receipt, a lease indicating the
2requirement of a deposit as well as the amount, prior consistent
3statements or actions of the landlord or tenant, or a statement under
4penalty of perjury that satisfies the credibility requirements set
5forth in Section 780 of the Evidence Code.

6(p) The amendments to this section made during the 1985
7portion of the 1985-86 Regular Session of the Legislature that are
8set forth in subdivision (e) are declaratory of existing law.

9(q) The amendments to this section made during the 2003
10portion of the 2003-04 Regular Session of the Legislature that are
11set forth in paragraph (1) of subdivision (f) are declaratory of
12existing law.

2877.  

Contracts of mortgage, pledge, bottomry, or respondentia
15are subject to all of the provisions of this chapter.

2923.55.  

(a) A mortgage servicer, mortgagee, trustee,
20beneficiary, or authorized agent may not record a notice of default
21pursuant to Section 2924 until all of the following:

22(1) The mortgage servicer has satisfied the requirements of
23paragraph (1) of subdivision (b).

24(2) Either 30 days after initial contact is made as required by
25paragraph (2) of subdivision (b) or 30 days after satisfying the due
26diligence requirements as described in subdivision (f).

27(3) The mortgage servicer complies with subdivision (c) of
28Section 2923.6, if the borrower has provided a complete application
29as defined in subdivision (h) of Section 2923.6.

30(b) (1) As specified in subdivision (a), a mortgage servicer shall
31send the following information in writing to the borrower:

32(A) A statement that if the borrower is a servicemember or a
33dependent of a servicemember, he or she may be entitled to certain
34protections under the federal Servicemembers Civil Relief Act (50
35U.S.C. Appen. Sec. 501 et seq.) regarding the servicemember’s
36interest rate and the risk of foreclosure, and counseling for covered
37servicemembers that is available at agencies such as Military
38OneSource and Armed Forces Legal Assistance.

39(B) A statement that the borrower may request the following:

P29   1(i) A copy of the borrower’s promissory note or other evidence
2of indebtedness.

3(ii) A copy of the borrower’s deed of trust or mortgage.

4(iii) A copy of any assignment, if applicable, of the borrower’s
5mortgage or deed of trust required to demonstrate the right of the
6mortgage servicer to foreclose.

7(iv) A copy of the borrower’s payment history since the
8borrower was last less than 60 days past due.

9(2) A mortgage servicer shall contact the borrower in person or
10by telephone in order to assess the borrower’s financial situation
11and explore options for the borrower to avoid foreclosure. During
12the initial contact, the mortgage servicer shall advise the borrower
13that he or she has the right to request a subsequent meeting and,
14if requested, the mortgage servicer shall schedule the meeting to
15occur within 14 days. The assessment of the borrower’s financial
16situation and discussion of options may occur during the first
17contact, or at the subsequent meeting scheduled for that purpose.
18In either case, the borrower shall be provided the toll-free telephone
19number made available by the United States Department of
20Housing and Urban Development (HUD) to find a HUD-certified
21housing counseling agency. Any meeting may occur telephonically.

22(c) A notice of default recorded pursuant to Section 2924 shall
23include a declaration that the mortgage servicer has contacted the
24borrower, has tried with due diligence to contact the borrower as
25required by this section, or that no contact was required because
26the individual did not meet the definition of “borrower” pursuant
27to subdivision (c) of Section 2920.5.

28(d) A mortgage servicer’s loss mitigation personnel may
29participate by telephone during any contact required by this section.

30(e) A borrower may designate, with consent given in writing,
31a HUD-certified housing counseling agency, attorney, or other
32adviser to discuss with the mortgage servicer, on the borrower’s
33behalf, the borrower’s financial situation and options for the
34borrower to avoid foreclosure. That contact made at the direction
35of the borrower shall satisfy the contact requirements of paragraph
36(2) of subdivision (b). Any foreclosure prevention alternative
37offered at the meeting by the mortgage servicer is subject to
38approval by the borrower.

39(f) A notice of default may be recorded pursuant to Section 2924
40when a mortgage servicer has not contacted a borrower as required
P30   1by paragraph (2) of subdivision (b), provided that the failure to
2contact the borrower occurred despite the due diligence of the
3mortgage servicer. For purposes of this section, “due diligence”
4shall require and mean all of the following:

5(1) A mortgage servicer shall first attempt to contact a borrower
6by sending a first-class letter that includes the toll-free telephone
7number made available by HUD to find a HUD-certified housing
8counseling agency.

9(2) (A) After the letter has been sent, the mortgage servicer shall
10attempt to contact the borrower by telephone at least three times
11at different hours and on different days. Telephone calls shall be
12made to the primary telephone number on file.

13(B) A mortgage servicer may attempt to contact a borrower
14using an automated system to dial borrowers, provided that, if the
15telephone call is answered, the call is connected to a live
16representative of the mortgage servicer.

17(C) A mortgage servicer satisfies the telephone contact
18requirements of this paragraph if it determines, after attempting
19contact pursuant to this paragraph, that the borrower’s primary
20telephone number and secondary telephone number or numbers
21on file, if any, have been disconnected.

22(3) If the borrower does not respond within two weeks after the
23telephone call requirements of paragraph (2) have been satisfied,
24the mortgage servicer shall then send a certified letter, with return
25receipt requested, that includes the toll-free telephone number
26made available by HUD to find a HUD-certified housing
27counseling agency.

28(4) The mortgage servicer shall provide a means for the borrower
29to contact it in a timely manner, including a toll-free telephone
30number that will provide access to a live representative during
31business hours.

32(5) The mortgage servicer has posted a prominent link on the
33homepage of its Internet Web site, if any, to the following
34information:

35(A) Options that may be available to borrowers who are unable
36to afford their mortgage payments and who wish to avoid
37foreclosure, and instructions to borrowers advising them on steps
38to take to explore those options.

P31   1(B) A list of financial documents borrowers should collect and
2be prepared to present to the mortgage servicer when discussing
3options for avoiding foreclosure.

4(C) A toll-free telephone number for borrowers who wish to
5discuss options for avoiding foreclosure with their mortgage
6servicer.

7(D) The toll-free telephone number made available by HUD to
8find a HUD-certified housing counseling agency.

9(g) This section shall not apply to entities described in
10subdivision (b) of Section 2924.18.

11(h) This section shall apply only to mortgages or deeds of trust
12described in Section 2924.15.

13(i)  This section shall remain in effect only until January 1, 2018,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2018, deletes or extends that date.

2923.55.  

(a) A mortgage servicer, mortgagee, trustee,
20beneficiary, or authorized agent may not record a notice of default
21pursuant to Section 2924 until all of the following:

22(1) The mortgage servicer has satisfied the requirements of
23paragraph (1) of subdivision (b).

24(2) Either 30 days after initial contact is made as required by
25paragraph (2) of subdivision (b) or 30 days after satisfying the due
26diligence requirements as described in subdivision (f).

27(3) The mortgage servicer complies with subdivision (c) of
28Section 2923.6, if the borrower has provided a complete application
29as defined in subdivision (h) of Section 2923.6.

30(b) (1) As specified in subdivision (a), a mortgage servicer shall
31send the following information in writing to the borrower:

32(A) A statement that if the borrower is a servicemember or a
33dependent of a servicemember, he or she may be entitled to certain
34protections under the federal Servicemembers Civil Relief Act (50
35U.S.C. Appen. Sec. 501 et seq.) regarding the servicemember’s
36interest rate and the risk of foreclosure, and counseling for covered
37servicemembers that is available at agencies such as Military
38OneSource and Armed Forces Legal Assistance.

39(B) A statement that the borrower may request the following:

P32   1(i) A copy of the borrower’s promissory note or other evidence
2of indebtedness.

3(ii) A copy of the borrower’s deed of trust or mortgage.

4(iii) A copy of any assignment, if applicable, of the borrower’s
5mortgage or deed of trust required to demonstrate the right of the
6mortgage servicer to foreclose.

7(iv) A copy of the borrower’s payment history since the
8borrower was last less than 60 days past due.

9(2) A mortgage servicer shall contact the borrower in person or
10by telephone in order to assess the borrower’s financial situation
11and explore options for the borrower to avoid foreclosure. During
12the initial contact, the mortgage servicer shall advise the borrower
13that he or she has the right to request a subsequent meeting and,
14if requested, the mortgage servicer shall schedule the meeting to
15occur within 14 days. The assessment of the borrower’s financial
16situation and discussion of options may occur during the first
17contact, or at the subsequent meeting scheduled for that purpose.
18In either case, the borrower shall be provided the toll-free telephone
19number made available by the United States Department of
20Housing and Urban Development (HUD) to find a HUD-certified
21housing counseling agency. Any meeting may occur telephonically.

22(c) A notice of default recorded pursuant to Section 2924 shall
23include a declaration that the mortgage servicer has contacted the
24borrower, has tried with due diligence to contact the borrower as
25required by this section, or that no contact was required because
26the individual did not meet the definition of “borrower” pursuant
27to subdivision (c) of Section 2920.5.

28(d) A mortgage servicer’s loss mitigation personnel may
29participate by telephone during any contact required by this section.

30(e) A borrower may designate, with consent given in writing,
31a HUD-certified housing counseling agency, attorney, or other
32adviser to discuss with the mortgage servicer, on the borrower’s
33behalf, the borrower’s financial situation and options for the
34borrower to avoid foreclosure. That contact made at the direction
35of the borrower shall satisfy the contact requirements of paragraph
36(2) of subdivision (b). Any foreclosure prevention alternative
37offered at the meeting by the mortgage servicer is subject to
38approval by the borrower.

39(f) A notice of default may be recorded pursuant to Section 2924
40when a mortgage servicer has not contacted a borrower as required
P33   1by paragraph (2) of subdivision (b), provided that the failure to
2contact the borrower occurred despite the due diligence of the
3mortgage servicer. For purposes of this section, “due diligence”
4shall require and mean all of the following:

5(1) A mortgage servicer shall first attempt to contact a borrower
6by sending a first-class letter that includes the toll-free telephone
7number made available by HUD to find a HUD-certified housing
8counseling agency.

9(2) (A) After the letter has been sent, the mortgage servicer shall
10attempt to contact the borrower by telephone at least three times
11at different hours and on different days. Telephone calls shall be
12made to the primary telephone number on file.

13(B) A mortgage servicer may attempt to contact a borrower
14using an automated system to dial borrowers, provided that, if the
15telephone call is answered, the call is connected to a live
16representative of the mortgage servicer.

17(C) A mortgage servicer satisfies the telephone contact
18requirements of this paragraph if it determines, after attempting
19contact pursuant to this paragraph, that the borrower’s primary
20telephone number and secondary telephone number or numbers
21on file, if any, have been disconnected.

22(3) If the borrower does not respond within two weeks after the
23telephone call requirements of paragraph (2) have been satisfied,
24the mortgage servicer shall then send a certified letter, with return
25receipt requested, that includes the toll-free telephone number
26made available by HUD to find a HUD-certified housing
27counseling agency.

28(4) The mortgage servicer shall provide a means for the borrower
29to contact it in a timely manner, including a toll-free telephone
30number that will provide access to a live representative during
31business hours.

32(5) The mortgage servicer has posted a prominent link on the
33homepage of its Internet Web site, if any, to the following
34information:

35(A) Options that may be available to borrowers who are unable
36to afford their mortgage payments and who wish to avoid
37foreclosure, and instructions to borrowers advising them on steps
38to take to explore those options.

P34   1(B) A list of financial documents borrowers should collect and
2be prepared to present to the mortgage servicer when discussing
3options for avoiding foreclosure.

4(C) A toll-free telephone number for borrowers who wish to
5discuss options for avoiding foreclosure with their mortgage
6servicer.

7(D) The toll-free telephone number made available by HUD to
8find a HUD-certified housing counseling agency.

9(g) This section shall not apply to entities described in
10subdivision (b) of Section 2924.18.

11(h) This section shall apply only to mortgages or deeds of trust
12described in Section 2924.15.

13(i)  This section shall remain in effect only until January 1, 2018,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2018, deletes or extends that date.

2924.8.  

(a) (1) Upon posting a notice of sale pursuant to
18Section 2924f, a trustee or authorized agent shall also post the
19following notice, in the manner required for posting the notice of
20sale on the property to be sold, and a mortgagee, trustee,
21beneficiary, or authorized agent, concurrently with the mailing of
22the notice of sale pursuant to Section 2924b, shall send by
23first-class mail in an envelope addressed to the “Resident of
24property subject to foreclosure sale” the following notice in English
25and the languages described in Section 1632:

27Foreclosure process has begun on this property, which may affect
28your right to continue to live in this property. Twenty days or more
29after the date of this notice, this property may be sold at
30foreclosure. If you are renting this property, the new property
31owner may either give you a new lease or rental agreement or
32provide you with a 90-day eviction notice. You may have a right
33to stay in your home for longer than 90 days. If you have a
34fixed-term lease, the new owner must honor the lease unless the
35new owner will occupy the property as a primary residence or in
36other limited circumstances. Also, in some cases and in some cities
37with a “just cause for eviction” law, you may not have to move at
38all. All rights and obligations under your lease or tenancy, including
39your obligation to pay rent, will continue after the foreclosure sale.
P35   1You may wish to contact a lawyer or your local legal aid office or
2housing counseling agency to discuss any rights you may have.

3 

4(2) The amendments to the notice in this subdivision made by
5the act that added this paragraph shall become operative on March
61, 2013, or 60 days following posting of a dated notice
7incorporating those amendments on the Department of Consumer
8Affairs Internet Web site, whichever date is later.

9(b) It is an infraction to tear down the notice described in
10subdivision (a) within 72 hours of posting. Violators shall be
11subject to a fine of one hundred dollars ($100).

12(c) The Department of Consumer Affairs shall make available
13translations of the notice described in subdivision (a) which may
14be used by a mortgagee, trustee, beneficiary, or authorized agent
15to satisfy the requirements of this section.

16(d) This section shall only apply to loans secured by residential
17real property, and if the billing address for the mortgage note is
18different than the property address.

19(e) This section shall remain in effect only until December 31,
202019, and as of that date is repealed, unless a later enacted statute,
21that is enacted before December 31, 2019, deletes or extends that
22date.

2924.19.  

(a) (1) If a trustee’s deed upon sale has not been
27recorded, a borrower may bring an action for injunctive relief to
28enjoin a material violation of Section 2923.5, 2924.17, or 2924.18.

29(2) An injunction shall remain in place and any trustee’s sale
30shall be enjoined until the court determines that the mortgage
31servicer, mortgagee, beneficiary, or authorized agent has corrected
32and remedied the violation or violations giving rise to the action
33for injunctive relief. An enjoined entity may move to dissolve an
34injunction based on a showing that the material violation has been
35corrected and remedied.

36(b) After a trustee’s deed upon sale has been recorded, a
37mortgage servicer, mortgagee, beneficiary, or authorized agent
38shall be liable to a borrower for actual economic damages pursuant
39to Section 3281, resulting from a material violation of Section
402923.5, 2924.17, or 2924.18 by that mortgage servicer, mortgagee,
P36   1beneficiary, or authorized agent where the violation was not
2corrected and remedied prior to the recordation of the trustee’s
3deed upon sale. If the court finds that the material violation was
4intentional or reckless, or resulted from willful misconduct by a
5mortgage servicer, mortgagee, beneficiary, or authorized agent,
6the court may award the borrower the greater of treble actual
7damages or statutory damages of fifty thousand dollars ($50,000).

8(c) A mortgage servicer, mortgagee, beneficiary, or authorized
9agent shall not be liable for any violation that it has corrected and
10remedied prior to the recordation of the trustee’s deed upon sale,
11or that has been corrected and remedied by third parties working
12 on its behalf prior to the recordation of the trustee’s deed upon
13sale.

14(d) A violation of Section 2923.5, 2924.17, or 2924.18 by a
15person licensed by the Department of Corporations, the Department
16of Financial Institutions, or the Department of Real Estate shall
17be deemed to be a violation of that person’s licensing law.

18(e) A violation of this article shall not affect the validity of a
19sale in favor of a bona fide purchaser and any of its encumbrancers
20for value without notice.

21(f) A third-party encumbrancer shall not be relieved of liability
22resulting from violations of Section 2923.5, 2924.17, or 2924.18,
23committed by that third-party encumbrancer, that occurred prior
24to the sale of the subject property to the bona fide purchaser.

25(g) The rights, remedies, and procedures provided by this section
26are in addition to and independent of any other rights, remedies,
27or procedures under any other law. Nothing in this section shall
28be construed to alter, limit, or negate any other rights, remedies,
29or procedures provided by law.

30(h) A court may award a prevailing borrower reasonable
31attorney’s fees and costs in an action brought pursuant to this
32section. A borrower shall be deemed to have prevailed for purposes
33of this subdivision if the borrower obtained injunctive relief or
34damages pursuant to this section.

35(i) This section shall apply only to entities described in
36subdivision (b) of Section 2924.18.

37(j)  This section shall remain in effect only until January 1, 2018,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before January 1, 2018, deletes or extends that date.

2924.19.  

(a) (1) If a trustee’s deed upon sale has not been
5recorded, a borrower may bring an action for injunctive relief to
6enjoin a material violation of Section 2923.5, 2924.17, or 2924.18.

7(2) An injunction shall remain in place and any trustee’s sale
8shall be enjoined until the court determines that the mortgage
9servicer, mortgagee, beneficiary, or authorized agent has corrected
10and remedied the violation or violations giving rise to the action
11for injunctive relief. An enjoined entity may move to dissolve an
12injunction based on a showing that the material violation has been
13corrected and remedied.

14(b) After a trustee’s deed upon sale has been recorded, a
15mortgage servicer, mortgagee, beneficiary, or authorized agent
16shall be liable to a borrower for actual economic damages pursuant
17to Section 3281, resulting from a material violation of Section
182923.5, 2924.17, or 2924.18 by that mortgage servicer, mortgagee,
19beneficiary, or authorized agent where the violation was not
20corrected and remedied prior to the recordation of the trustee’s
21deed upon sale. If the court finds that the material violation was
22intentional or reckless, or resulted from willful misconduct by a
23mortgage servicer, mortgagee, beneficiary, or authorized agent,
24the court may award the borrower the greater of treble actual
25damages or statutory damages of fifty thousand dollars ($50,000).

26(c) A mortgage servicer, mortgagee, beneficiary, or authorized
27agent shall not be liable for any violation that it has corrected and
28remedied prior to the recordation of the trustee’s deed upon sale,
29or that has been corrected and remedied by third parties working
30 on its behalf prior to the recordation of the trustee’s deed upon
31sale.

32(d) A violation of Section 2923.5, 2924.17, or 2924.18 by a
33person licensed by the Department of Corporations, the Department
34of Financial Institutions, or the Department of Real Estate shall
35be deemed to be a violation of that person’s licensing law.

36(e) A violation of this article shall not affect the validity of a
37sale in favor of a bona fide purchaser and any of its encumbrancers
38for value without notice.

39(f) A third-party encumbrancer shall not be relieved of liability
40resulting from violations of Section 2923.5, 2924.17, or 2924.18,
P38   1committed by that third-party encumbrancer, that occurred prior
2to the sale of the subject property to the bona fide purchaser.

3(g) The rights, remedies, and procedures provided by this section
4are in addition to and independent of any other rights, remedies,
5or procedures under any other law. Nothing in this section shall
6be construed to alter, limit, or negate any other rights, remedies,
7or procedures provided by law.

8(h) A court may award a prevailing borrower reasonable
9attorney’s fees and costs in an action brought pursuant to this
10section. A borrower shall be deemed to have prevailed for purposes
11of this subdivision if the borrower obtained injunctive relief or
12damages pursuant to this section.

13(i) This section shall apply only to entities described in
14subdivision (b) of Section 2924.18.

15(j)  This section shall remain in effect only until January 1, 2018,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2018, deletes or extends that date.

2950.  

When a grant of real property purports to be an absolute
20conveyance, but is intended to be defeasible on the performance
21of certain conditions, such grant is not defeated or affected as
22against any person other than the grantee or his or her heirs or
23devisees, or persons having actual notice, unless an instrument of
24defeasance, duly executed and acknowledged, shall have been
25recorded in the office of the county recorder of the county where
26the property is situated.

3509.  

The maxims of jurisprudence hereinafter set forth are
29intended not to qualify any of the foregoing provisions of this code,
30but to aid in their just application.

116.940.  

(a) Except as otherwise provided in this section or
34in rules adopted by the Judicial Council, which are consistent with
35the requirements of this section, the characteristics of the small
36claims advisory service required by Section 116.260 shall be
37determined by each county, or by the superior court in a county
38where the small claims advisory service is administered by the
39court, in accordance with local needs and conditions.

40(b) Each advisory service shall provide the following services:

P39   1(1) Individual personal advisory services, in person or by
2telephone, and by any other means reasonably calculated to provide
3timely and appropriate assistance. The topics covered by individual
4personal advisory services shall include, but not be limited to,
5preparation of small claims court filings, procedures, including
6procedures related to the conduct of the hearing, and information
7on the collection of small claims court judgments.

8(2) Recorded telephone messages may be used to supplement
9the individual personal advisory services, but shall not be the sole
10means of providing advice available in the county.

11(3) Adjacent counties, superior courts in adjacent counties, or
12any combination thereof, may provide advisory services jointly.

13(c) In a county in which the number of small claims actions
14filed annually is 1,000 or less as averaged over the immediately
15preceding two fiscal years, the county or the superior court may
16elect to exempt itself from the requirements set forth in subdivision
17(b). If the small claims advisory service is administered by the
18county, this exemption shall be formally noticed through the
19adoption of a resolution by the board of supervisors. If the small
20claims advisory service is administered by the superior court, this
21exemption shall be formally noticed through adoption of a local
22rule. If a county or court so exempts itself, the county or court
23shall nevertheless provide the following minimum advisory
24services in accordance with rules adopted by the Judicial Council:

25(1) Recorded telephone messages providing general information
26relating to small claims actions filed in the county shall be provided
27during regular business hours.

28(2) Small claims information booklets shall be provided in the
29court clerk’s office of each superior court, appropriate county
30offices, and in any other location that is convenient to prospective
31small claims litigants in the county.

32(d) The advisory service shall operate in conjunction and
33cooperation with the small claims division, and shall be
34administered so as to avoid the existence or appearance of a conflict
35of interest between the individuals providing the advisory services
36and any party to a particular small claims action or any judicial
37officer deciding small claims actions.

38(e) Advisers may be volunteers, and shall be members of the
39State Bar, law students, paralegals, or persons experienced in
40resolving minor disputes, and shall be familiar with small claims
P40   1court rules and procedures. Advisers may not appear in court as
2an advocate for any party.

3(f) Advisers, including independent contractors, other
4employees, and volunteers, have the immunity conferred by Section
5818.9 of the Government Code with respect to advice provided as
6a public service on behalf of a court or county to small claims
7litigants and potential litigants under this chapter.

8(g) This section does not preclude a court or county from
9contracting with a third party to provide small claims advisory
10services as described in this section.

425.50.  

(a) An allegation of a construction-related accessibility
14claim in a complaint, as defined in subdivision (a) of Section 55.52
15of the Civil Code, shall state facts sufficient to allow a reasonable
16person to identify the basis of the violation or violations supporting
17the claim, including all of the following:

18(1) A plain language explanation of the specific access barrier
19or barriers the individual encountered, or by which the individual
20alleges he or she was deterred, with sufficient information about
21the location of the alleged barrier to enable a reasonable person to
22identify the access barrier.

23(2) The way in which the barrier denied the individual full and
24equal use or access, or in which it deterred the individual, on each
25particular occasion.

26(3) The date or dates of each particular occasion on which the
27claimant encountered the specific access barrier, or on which he
28or she was deterred.

29(b) A complaint alleging a construction-related accessibility
30claim, as those terms are defined in subdivision (a) of Section 55.3
31of the Civil Code, shall be verified by the plaintiff. A complaint
32filed without verification shall be subject to a motion to strike.

33(c) Nothing in this section shall limit the right of a plaintiff to
34amend a complaint under Section 472, or with leave of the court
35under Section 473. However, an amended pleading alleging a
36construction-related accessibility claim shall be pled as required
37by subdivision (a).

38(d) This section shall become operative on January 1, 2013.

684.115.  

(a) A financial institution may, and if it has more
2than nine branches or offices at which it conducts its business
3within this state shall, designate one or more central locations for
4service of legal process within this state. Each designated location
5shall be referred to as a “central location.” If a financial institution
6elects or is required to designate a central location for service of
7legal process, the financial institution shall file a notice of its
8designation with the Department of Financial Institutions, which
9filing shall be effective upon filing and shall contain all of the
10following:

11(1) The physical address of the central location.

12(2) The days and hours during which service will be accepted
13at the central location.

14(3) If the central location will not accept service of legal process
15directed at deposit accounts maintained or property held at all of
16the financial institution’s branches or offices within this state, or
17if the service accepted at the central location will not apply to
18safe-deposit boxes or other property of the judgment debtor held
19by or for the judgment debtor, the filing shall also contain sufficient
20information to permit a determination of the limitation or
21limitations, including, in the case of a limitation applicable to
22certain branches or offices, an identification of the branches or
23offices as to which service at the central location will not apply
24and the nature of the limitation applicable to those branches or
25offices. If the limitation will apply to all branches or offices of the
26financial institution within this state, the filing may indicate the
27nature of the limitation and that it applies to all branches or offices,
28in lieu of an identification of branches or offices as to which the
29limitation applies. To the extent that a financial institution’s
30designation of a central location for service of legal process covers
31the process directed at deposit accounts, safe-deposit boxes, or
32other property of the judgment debtor held by or for the judgment
33debtor at a particular branch or office located within this state, the
34branch or office shall be a branch or office covered by central
35process.

36(b) Should a financial institution required to designate a central
37location fail to do so, each branch of that institution located in this
38state shall be deemed to be a central location at which service of
39legal process may be made, and all of the institution’s branches
P42   1or offices located within this state shall be deemed to be a branch
2or office covered by central process.

3(c) Subject to any limitation noted pursuant to paragraph (3) of
4subdivision (a), service of legal process at a central location of a
5financial institution shall be effective against all deposit accounts
6and all property held for safekeeping, as collateral for an obligation
7owed to the financial institution or in a safe-deposit box if the same
8is described in the legal process and held by the financial institution
9at any branch or office covered by central process and located
10within this state. However, while service of legal process at the
11central location will establish a lien on all property, if any property
12other than deposit accounts is physically held by the financial
13institution in a county other than that in which the designated
14central location is located, the financial institution shall include in
15its garnishee’s memorandum the location or locations of the
16property, and the judgment creditor shall obtain a writ of execution
17covering the property and directed to the levying officer in that
18county to accomplish the turnover of the property and shall forward
19the writ and related required documentation to the levying officer
20in the county in which the property is held.

21(d) A financial institution may modify or revoke any designation
22made pursuant to subdivision (a) by filing the modification or
23revocation with the Department of Financial Institutions. The
24modification or revocation shall be effective when the Department
25of Financial Institutions’ records have been updated to reflect the
26modification or revocation, provided that the judgment creditor
27may rely upon the superseded designation during the 30-day period
28following the effective date of the revocation or modification.

29(e) (1) The Department of Financial Institutions shall update its
30online records to reflect a filing by a financial institution pursuant
31to subdivision (a) or a modification or revocation filed by a
32financial institution pursuant to subdivision (d) within 10 business
33days following the filing by the financial institution. The
34Department of Financial Institutions’ Internet Web site shall reflect
35the date its online records for each financial institution have most
36recently been updated.

37(2) The Department of Financial Institutions shall provide any
38person requesting it with a copy of each current filing made by a
39financial institution pursuant to subdivision (a). The Department
40of Financial Institutions may satisfy its obligation under this
P43   1subdivision by posting all current designations of a financial
2institution, or the pertinent information therein, on an Internet Web
3site available to the public without charge, and if that information
4is made available, the Department of Financial Institutions may
5impose a reasonable fee for furnishing that information in any
6other manner.

7(f) As to deposit accounts maintained or property held for
8safekeeping, as collateral for an obligation owed to the financial
9institution or in a safe-deposit box at a branch or office covered
10by central process, service of legal process at a location other than
11a central location designated by the financial institution shall not
12be effective unless the financial institution, in its absolute
13discretion, elects to act upon the process at that location as if it
14were effective. In the absence of an election, the financial
15institution may respond to the legal process by mailing or delivery
16of the garnishee’s memorandum to the levying officer within the
17time otherwise provided therefor, with a statement on the
18garnishee’s memorandum that the legal process was not properly
19served at the financial institution’s designated location for receiving
20legal process, and, therefore, was not processed, and the address
21at which the financial institution is to receive legal process.

22(g) If any legal process is served at a central location of a
23financial institution pursuant to this section, all related papers to
24be served on the financial institution shall be served at that location,
25unless agreed to the contrary between the serving party and the
26financial institution.

27(h) This subdivision shall apply whenever a financial institution
28operates within this state at least one branch or office in addition
29to its head office or main office, as applicable, or a financial
30institution headquartered in another state operates more than one
31branch or office within this state, and no central location has been
32designated or deemed to have been designated by the institution
33for service of legal process relating to deposit accounts maintained
34at the financial institution’s head office or main office, as
35applicable, and branches located within this state. If a judgment
36creditor reasonably believes that, pursuant to Section 700.140 and,
37if applicable, Section 700.160, any act of enforcement would be
38effective against a specific deposit account maintained at a financial
39institution described in this subdivision, the judgment creditor may
40file with the financial institution a written request that the financial
P44   1institution identify the branch or office within this state at which
2a specified account might be maintained by the financial institution.
3The written request shall contain the following statements or
4information:

5(1) The name of the person reasonably believed by the judgment
6creditor to be a person in whose name the specified deposit account
7stands.

8(2) If the name of the person reasonably believed by the
9judgment creditor to be a person in whose name the specified
10deposit account stands is not a judgment debtor identified in the
11writ of execution, a statement that a person reasonably believed
12 by the judgment creditor to be a person in whose name the specified
13deposit account stands will be appropriately identified in the legal
14process to be served pursuant to Section 700.160, including any
15supplementary papers, such as a court order or affidavit if the same
16will be required by Section 700.160.

17(3) The specific identifying number of the account reasonably
18believed to be maintained with the financial institution and standing
19in the name of the judgment debtor or other person.

20(4) The address of the requesting party.

21(5) An affidavit by the judgment creditor or the judgment
22creditor’s counsel stating substantially the following:

23 

24I hereby declare that this deposit account location request
25complies with Section 684.115 of the Code of Civil Procedure,
26that the account or accounts of the judgment debtor or other person
27or persons appropriately identified in the legal process and
28specified herein are subject to a valid writ of execution, or court
29order, that I have a reasonable belief, formed after an inquiry
30reasonable under the circumstances, that the financial institution
31receiving this deposit account location request has an account
32standing in the name of the judgment debtor or other person or
33persons appropriately identified in the legal process, and that
34information pertaining to the location of the account will assist the
35judgment creditor in enforcing the judgment.

36 

37(i) The affidavit contemplated by subdivision (h) shall be signed
38by the judgment creditor or the judgment creditor’s counsel and
39filed at the financial institution’s head office located within this
40state or, if the financial institution’s head office is in another state,
P45   1at one of its branches or offices within this state. Failure to comply
2with the requirements of subdivision (h) and this subdivision shall
3be sufficient basis for the financial institution to refuse to produce
4the information that would otherwise be required by subdivision
5(j).

6(j) Within 10 banking days following receipt by a financial
7institution at the applicable location specified in subdivision (i) of
8a request contemplated by subdivision (h), as to each specific
9deposit account identified in the request contemplated by
10subdivision (h), the financial institution shall respond by mailing,
11by first-class mail with postage prepaid, to the requester’s address
12as specified in the request a response indicating the branch or office
13location of the financial institution at which the specified deposit
14account might be maintained, or, if the specified deposit account,
15if it exists, would not be maintained at a specific location, at least
16one place within this state at which legal process relating to the
17deposit account should or may be served. The response to be
18furnished pursuant to this subdivision shall not require the financial
19institution to determine whether an account exists or, if an account
20does exist, whether it would be reached by the legal process, rather,
21the branch or office location shall be determined and reported by
22the financial institution based solely upon its determination that
23an account with the identifying number provided by the requester
24would be maintained at that branch if an account did exist, and the
25response shall not contain any information about the name in which
26the account stands or any other information concerning the account,
27if it exists. If more than one account number is specified in the
28request, the financial institution’s responses as to some or all of
29those account numbers may be combined in a single writing.

30(k) A response furnished in good faith by the financial institution
31pursuant to subdivision (j) shall not be deemed to violate the
32privacy of any person in whose name the specified deposit account
33stands nor the privacy of any other person, and shall not require
34the consent of the person in whose name the account stands nor
35that of any other person.

36(l) A financial institution shall not notify the person in whose
37name the specified deposit account stands or any other person
38related to the specified account of the receipt of any request made
39pursuant to subdivision (h) and affecting that person’s or persons’
40accounts at the financial institution, provided that the financial
P46   1institution shall have no liability for its failure to comply with the
2provisions of this subdivision.

1282.4.  

(a) A party to the arbitration has the right to be
6represented by an attorney at any proceeding or hearing in
7arbitration under this title. A waiver of this right may be revoked;
8but if a party revokes that waiver, the other party is entitled to a
9reasonable continuance for the purpose of procuring an attorney.

10(b) Notwithstanding any other law, including Section 6125 of
11the Business and Professions Code, an attorney admitted to the
12bar of any other state may represent the parties in the course of,
13or in connection with, an arbitration proceeding in this state,
14provided that the attorney, if not admitted to the State Bar of
15California, satisfies all of the following:

16(1) He or she timely serves the certificate described in
17subdivision (c).

18(2) The attorney’s appearance is approved in writing on that
19certificate by the arbitrator, the arbitrators, or the arbitral forum.

20(3) The certificate bearing approval of the attorney’s appearance
21is filed with the State Bar of California and served on the parties
22as described in this section.

23(c) Within a reasonable period of time after the attorney
24described in subdivision (b) indicates an intention to appear in the
25arbitration, the attorney shall serve a certificate in a form prescribed
26by the State Bar of California on the arbitrator, arbitrators, or
27arbitral forum, the State Bar of California, and all other parties
28and counsel in the arbitration whose addresses are known to the
29attorney. The certificate shall state all of the following:

30(1) The case name and number, and the name of the arbitrator,
31arbitrators, or arbitral forum assigned to the proceeding in which
32the attorney seeks to appear.

33(2) The attorney’s residence and office address.

34(3) The courts before which the attorney has been admitted to
35practice and the dates of admission.

36(4) That the attorney is currently a member in good standing
37of, and eligible to practice law before, the bar of those courts.

38(5) That the attorney is not currently on suspension or disbarred
39from the practice of law before the bar of any court.

40(6) That the attorney is not a resident of the State of California.

P47   1(7) That the attorney is not regularly employed in the State of
2California.

3(8) That the attorney is not regularly engaged in substantial
4business, professional, or other activities in the State of California.

5(9) That the attorney agrees to be subject to the jurisdiction of
6the courts of this state with respect to the law of this state governing
7the conduct of attorneys to the same extent as a member of the
8State Bar of California.

9(10) The title of the court and the cause in which the attorney
10has filed an application to appear as counsel pro hac vice in this
11state or filed a certificate pursuant to this section in the preceding
12two years, the date of each application or certificate, and whether
13or not it was granted. If the attorney has made repeated
14 appearances, the certificate shall reflect the special circumstances
15that warrant the approval of the attorney’s appearance in the
16arbitration.

17(11) The name, address, and telephone number of the active
18member of the State Bar of California who is the attorney of record.

19(d) The arbitrator, arbitrators, or arbitral forum may approve
20the attorney’s appearance if the attorney has complied with
21subdivision (c). Failure to timely file and serve the certificate
22described in subdivision (c) shall be grounds for disapproval of
23the appearance and disqualification from serving as an attorney in
24the arbitration in which the certificate was filed. In the absence of
25special circumstances, repeated appearances shall be grounds for
26disapproval of the appearance and disqualification from serving
27as an attorney in the arbitration in which the certificate was filed.

28(e) Within a reasonable period of time after the arbitrator,
29arbitrators, or arbitral forum approves the certificate, the attorney
30shall file the certificate with the State Bar of California and serve
31the certificate as described in Section 1013a on all parties and
32counsel in the arbitration whosebegin delete address isend deletebegin insert addresses areend insert known
33to the attorney.

34(f) An attorney who fails to file or serve the certificate required
35by this section or files or serves a certificate containing false
36information or who otherwise fails to comply with the standards
37of professional conduct required of members of the State Bar of
38California shall be subject to the disciplinary jurisdiction of the
39State Bar with respect to that certificate or any of his or her acts
40occurring in the course of the arbitration.

P48   1(g) Notwithstanding any other law, including Section 6125 of
2the Business and Professions Code, an attorney who is a member
3in good standing of the bar of any state may represent the parties
4in connection with rendering legal services in this state in the
5course of and in connection with an arbitration pending in another
6state.

7(h) Notwithstanding any other law, including Section 6125 of
8the Business and Professions Code, any party to an arbitration
9arising under collective bargaining agreements in industries and
10provisions subject to either state or federal law may be represented
11in the course of, and in connection with, those proceedings by any
12person, regardless of whether that person is licensed to practice
13law in this state.

14(i) Nothing in this section shall apply to Division 4 (commencing
15with Section 3201) of the Labor Code.

16(j) (1) In enacting the amendments to this section made by
17Assembly Bill 2086 of the 1997-98 Regular Session, it is the intent
18of the Legislature to respond to the holding in Birbrower v.
19Superior Court (1998) 17 Cal.4th 119, as modified at 17 Cal.4th
20643a (hereafter Birbrower), to provide a procedure for nonresident
21attorneys who are not licensed in this state to appear in California
22arbitration proceedings.

23(2) In enacting subdivision (h), it is the intent of the Legislature
24to make clear that any party to an arbitration arising under a
25collective bargaining agreement governed by the laws of this state
26may be represented in the course of and in connection with those
27proceedings by any person regardless of whether that person is
28licensed to practice law in this state.

29(3) Except as otherwise specifically provided in this section, in
30enacting the amendments to this section made by Assembly Bill
312086 of the 1997-98 Regular Session, it is the Legislature’s intent
32that nothing in this section is intended to expand or restrict the
33ability of a party prior to the decision in Birbrower to elect to be
34represented by any person in a nonjudicial arbitration proceeding,
35to the extent those rights or abilities existed prior to that decision.
36To the extent that Birbrower is interpreted to expand or restrict
37that right or ability pursuant to the laws of this state, it is hereby
38abrogated except as specifically provided in this section.

39(4) In enacting subdivision (i), it is the intent of the Legislature
40to make clear that nothing in this section shall affect those
P49   1provisions of law governing the right of injured workers to elect
2 to be represented by any person, regardless of whether that person
3is licensed to practice law in this state, as set forth in Division 4
4(commencing with Section 3200) of the Labor Code.

7237.  

(a) For purposes of this section, “agent” means a person
8who is or was a director, officer, employee, or other agent of the
9corporation, or is or was serving at the request of the corporation
10as a director, officer, employee, or agent of another foreign or
11domestic corporation, partnership, joint venture, trust or other
12enterprise, or was a director, officer, employee, or agent of a
13foreign or domestic corporation that was a predecessor corporation
14of the corporation or of another enterprise at the request of the
15predecessor corporation; “proceeding” means any threatened,
16pending, or completed action or proceeding, whether civil, criminal,
17administrative, or investigative; and “expenses” includes, without
18limitation, attorneys’ fees and any expenses of establishing a right
19to indemnification under subdivision (d) or paragraph (3) of
20subdivision (e).

21(b) A corporation shall have power to indemnify a person who
22was or is a party or is threatened to be made a party to any
23proceeding (other than an action by or in the right of the
24corporation to procure a judgment in its favor, an action brought
25under Section 5233 of Part 2 (commencing with Section 5110)
26made applicable pursuant to Section 7238, or an action brought
27by the Attorney General or a person granted relator status by the
28Attorney General for any breach of duty relating to assets held in
29charitable trust) by reason of the fact that the person is or was an
30agent of the corporation, against expenses, judgments, fines,
31settlements, and other amounts actually and reasonably incurred
32in connection with the proceeding if the person acted in good faith
33and in a manner the person reasonably believed to be in the best
34interests of the corporation and, in the case of a criminal
35proceeding, had no reasonable cause to believe the conduct of the
36person was unlawful. The termination of any proceeding by
37judgment, order, settlement, conviction, or upon a plea of nolo
38contendere or its equivalent shall not, of itself, create a presumption
39that the person did not act in good faith and in a manner which the
40person reasonably believed to be in the best interests of the
P50   1corporation or that the person had reasonable cause to believe that
2the person’s conduct was unlawful.

3(c) A corporation shall have power to indemnify a person who
4was or is a party or is threatened to be made a party to any
5threatened, pending, or completed action by or in the right of the
6corporation, or brought under Section 5233 of Part 2 (commencing
7with Section 5110) made applicable pursuant to Section 7238, or
8brought by the Attorney General or a person granted relator status
9by the Attorney General for breach of duty relating to assets held
10in charitable trust, to procure a judgment in its favor by reason of
11the fact that the person is or was an agent of the corporation, against
12expenses actually and reasonably incurred by the person in
13connection with the defense or settlement of the action if the person
14acted in good faith, in a manner the person believed to be in the
15best interests of the corporation and with such care, including
16reasonable inquiry, as an ordinarily prudent person in a like
17position would use under similar circumstances. No
18indemnification shall be made under this subdivision:

19(1) With respect to any claim, issue, or matter as to which the
20person shall have been adjudged to be liable to the corporation in
21the performance of the person’s duty to the corporation, unless
22and only to the extent that the court in which the proceeding is or
23was pending shall determine upon application that, in view of all
24the circumstances of the case, the person is fairly and reasonably
25entitled to indemnity for the expenses which the court shall
26determine;

27(2) Of amounts paid in settling or otherwise disposing of a
28threatened or pending action, with or without court approval; or

29(3) Of expenses incurred in defending a threatened or pending
30action that is settled or otherwise disposed of without court
31approval unless the action concerns assets held in charitable trust
32and is settled with the approval of the Attorney General.

33(d) To the extent that an agent of a corporation has been
34successful on the merits in defense of any proceeding referred to
35in subdivision (b) or (c) or in defense of any claim, issue, or matter
36therein, the agent shall be indemnified against expenses actually
37and reasonably incurred by the agent in connection therewith.

38(e) Except as provided in subdivision (d), any indemnification
39under this section shall be made by the corporation only if
40authorized in the specific case, upon a determination that
P51   1indemnification of the agent is proper in the circumstances because
2the agent has met the applicable standard of conduct set forth in
3subdivision (b) or (c), by:

4(1) A majority vote of a quorum consisting of directors who are
5not parties to the proceeding;

6(2) Approval of the members (Section 5034), with the persons
7to be indemnified not being entitled to vote thereon; or

8(3) The court in which the proceeding is or was pending upon
9application made by the corporation or the agent or the attorney,
10or other person rendering services in connection with the defense,
11whether or not the application by the agent, attorney or other person
12is opposed by the corporation.

13(f) Expenses incurred in defending any proceeding may be
14advanced by the corporation before the final disposition of the
15proceeding upon receipt of an undertaking by or on behalf of the
16agent to repay the amount unless it shall be determined ultimately
17that the agent is entitled to be indemnified as authorized in this
18section. The provisions of subdivision (a) of Section 7235 do not
19apply to advances made pursuant to this subdivision.

20(g) A provision made by a corporation to indemnify its or its
21subsidiary’s directors or officers for the defense of any proceeding,
22whether contained in the articles, bylaws, a resolution of members
23or directors, an agreement, or otherwise, shall not be valid unless
24consistent with this section. Nothing contained in this section shall
25affect any right to indemnification to which persons other than the
26directors and officers may be entitled by contract or otherwise.

27(h) No indemnification or advance shall be made under this
28section, except as provided in subdivision (d) or paragraph (3) of
29subdivision (e), in any circumstance where it appears:

30(1) That it would be inconsistent with a provision of the articles,
31bylaws, a resolution of the members, or an agreement in effect at
32the time of the accrual of the alleged cause of action asserted in
33the proceeding in which the expenses were incurred or other
34amounts were paid, which prohibits or otherwise limits
35indemnification; or

36(2) That it would be inconsistent with any condition expressly
37imposed by a court in approving a settlement.

38(i) A corporation shall have power to purchase and maintain
39insurance on behalf of an agent of the corporation against any
40 liability asserted against or incurred by the agent in that capacity
P52   1or arising out of the agent’s status as such whether or not the
2corporation would have the power to indemnify the agent against
3that liability under the provisions of this section.

4(j) This section does not apply to any proceeding against a
5trustee, investment manager, or other fiduciary of a pension,
6deferred compensation, saving, thrift, or other retirement, incentive,
7or benefit plan, trust, or provision for any or all of the corporation’s
8directors, officers, employees, and persons providing services to
9the corporation or any of its subsidiary or related or affiliated
10corporations, in that person’s capacity as such, even though the
11person may also be an agent as defined in subdivision (a) of the
12employer corporation. A corporation shall have power to indemnify
13the trustee, investment manager, or other fiduciary to the extent
14permitted by subdivision (e) of Section 7140.

15282.  

(a) The citizens’ oversight committee shall consist of
24at least seven members who shall serve for a minimum term of
25two years without compensation and for no more than three
26consecutive terms. While consisting of a minimum of at least seven
27members, the citizens’ oversight committee shall be comprised,
28as follows:

29(1) One member shall be active in a business organization
30representing the business community located within the school
31district or community college district.

32(2) One member shall be active in a senior citizens’ organization.

33(3) One member shall be active in a bona fide taxpayers’
34organization.

35(4) For a school district, one member shall be the parent or
36guardian of a child enrolled in the school district. For a community
37college district, one member shall be a student who is both
38currently enrolled in the community college district and active in
39a community college group, such as student government. The
40community college student member may, at the discretion of the
P53   1governing board of the community college district, serve up to six
2months after his or her graduation.

3(5) For a school district, one member shall be both a parent or
4guardian of a child enrolled in the school district and active in a
5parent-teacher organization, such as the Parent Teacher Association
6or schoolsite council. For a community college district, one
7member shall be active in the support and organization of a
8community college or the community colleges of the district, such
9as a member of an advisory council or foundation.

10(b) An employee or official of the school district or community
11college district shall not be appointed to the citizens’ oversight
12committee. A vendor, contractor, or consultant of the school district
13or community college district shall not be appointed to the citizens’
14oversight committee. Members of the citizens’ oversight committee
15shall, pursuant to Sections 35233 and 72533, abide by the
16prohibitions contained in Article 4 (commencing with Section
171090) and Article 4.7 (commencing with Section 1125) of Chapter
181 of Division 4 of Title 1 of the Government Code.

17193.5.  

(a) For purposes of this section, “public credit
22provider” means any financial institution or combination of
23financial institutions, that consists either solely, or has as a member
24or participant, a public retirement system. Notwithstanding any
25other law, a public credit provider, in connection with providing
26credit enhancement for bonds, notes, certificates of participation,
27or other evidences of indebtedness of a participating party, may
28require the participating party to agree to the following conditions:

29(1) If a participating party adopts a resolution by a majority vote
30of its board to participate under this section, it shall provide notice
31to the Controller of that election. The notice shall include a
32schedule for the repayment of principal and interest on the bonds,
33notes, certificates of participation, or other evidence of
34indebtedness and identify the public credit provider that provided
35credit enhancement. The notice shall be provided not later than
36the date of issuance of the bonds.

37(2) If, for any reason, a public credit provider is required to
38make principal or interest payments, or both, pursuant to a credit
39enhancement agreement, the public credit provider shall
P54   1immediately notify the Controller of that fact and of the amount
2paid out by the public credit provider.

3(3) Upon receipt of the notice required by paragraph (2), the
4Controller shall make an apportionment to the public credit
5provider in the amount of the payments made by the public credit
6provider for the purpose of reimbursing the public credit provider
7for its expenditures made pursuant to the credit enhancement
8agreement. The Controller shall make that apportionment only
9from moneys designated for apportionments to a participating
10party, provided that such moneys are from one or more of the
11following:

12(A) Any revenue limit apportionments to a school district or
13county office of education without regard to the specific funding
14source of the apportionment.

15(B) Any general apportionments to a community college district
16without regard to the specific funding source of the apportionment.

17(C) Any charter school block grant apportionments to a charter
18school without regard to the specific funding source of the
19apportionment.

20(D) Any charter school categorical block grant apportionments
21to a charter school without regard to the specific funding source
22of the apportionment.

23(b) The amount apportioned for a participating party pursuant
24to this section shall be deemed to be an allocation to the
25participating party and shall be included in the computation of
26allocation, limit, entitlement, or apportionment for the participating
27party. The participating party and its creditors do not have a claim
28to funds apportioned or anticipated to be apportioned to the trustee
29by the Controller pursuant to paragraph (3) of subdivision (a).

17250.25.  

Design-build projects shall progress as follows:

33(a) (1) The school district governing board shall prepare a
34request for proposal setting forth the scope of the project that may
35include, but is not limited to, the size, type, and desired design
36character of the buildings and site, performance specifications
37covering the quality of materials, equipment, and workmanship,
38preliminary plans or building layouts, or any other information
39deemed necessary to describe adequately the school district’s
40needs. The performance specifications and any plans shall be
P55   1prepared by a design professional duly licensed or registered in
2this state. The request for proposal shall not include a
3design-build-operate contract for educational facilities pursuant
4to this chapter.

5(2) Each request for proposal shall do all of the following:

6(A) Identify the basic scope and needs of the project or contract,
7the expected cost range, and other information deemed necessary
8by the school district to inform interested parties of the contracting
9opportunity.

10(B) Invite interested parties to submit competitive sealed
11proposals in the manner prescribed by the school district.

12(C) Include a section identifying and describing the following:

13(i) All significant factors and subfactors that the school district
14reasonably expects to consider in evaluating proposals, including
15cost or price and all nonprice related factors and subfactors.

16(ii) The methodology and rating or weighting scheme that will
17be used by the school district governing board in evaluating
18competitive proposals and specifically whether proposals will be
19rated according to numeric or qualitative values.

20(iii) The relative importance or weight assigned to each of the
21factors identified in the request for proposal.

22(iv) As an alternative to clause (iii), the governing board of a
23school district shall specifically disclose whether all evaluation
24factors other than cost or price, when combined, are any of the
25following:

26(I) Significantly more important than cost or price.

27(II) Approximately equal in importance to cost or price.

28(III) Significantly less important than cost or price.

29(v) If the school district governing board wishes to reserve the
30right to hold discussions or negotiations with responsive bidders,
31it shall so specify in the request for proposal and shall publish
32separately or incorporate into the request for proposal applicable
33rules and procedures to be observed by the school district to ensure
34that any discussions or negotiations are conducted in a fair and
35impartial manner.

36(3) Notwithstanding Section 4-315 of Title 24 of the California
37Code of Regulations, an architect or structural engineer who is
38party to a design-build entity may perform the services set forth
39in Section 17302.

P56   1(b) (1) The school district shall establish a procedure to
2 prequalify design-build entities using a standard questionnaire
3developed by the Director of the Department of Industrial
4Relations. In preparing the questionnaire, the director shall consult
5with the construction industry, including representatives of the
6building trades, surety industry, school districts, and other affected
7parties. This questionnaire shall require information including, but
8not limited to, all of the following:

9(A) If the design-build entity is a partnership, limited
10partnership, or other association, a listing of all of the partners,
11general partners, or association members who will participate as
12subcontractors in the design-build contract, including, but not
13limited to, electrical and mechanical subcontractors.

14(B) Evidence that the members of the design-build entity have
15completed, or demonstrated, the experience, competency,
16capability, and capacity to complete projects of similar size, scope,
17or complexity, and that proposed key personnel have sufficient
18experience and training to competently manage and complete the
19design and construction of the project.

20(C) The licenses, registration, and credentials required to design
21and construct the project, including information on the revocation
22or suspension of a license, credential, or registration.

23(D) Evidence that establishes that the design-build entity has
24the capacity to obtain all required payment and performance
25bonding, liability insurance, and errors and omissions insurance,
26as well as a financial statement that ensures the school district that
27the design-build entity has the capacity to complete the project.

28(E) Any prior serious or willful violation of the California
29Occupational Safety and Health Act of 1973 (Part 1 (commencing
30with Section 6300) of Division 5 of the Labor Code) or the federal
31Occupational Safety and Health Act of 1970 (P.L. 91-596), settled
32against a member of the design-build entity, and information
33concerning a contractor member’s workers’ compensation
34experience history and worker safety program.

35(F) Information concerning any debarment, disqualification, or
36removal from a federal, state, or local government public works
37project.

38(G) Any instance where an entity, its owners, officers, or
39managing employees, submitted a bid on a public works project
40and were found by an awarding body not to be a responsible bidder.

P57   1(H) Any instance where the entity, its owners, officers, or
2managing employees defaulted on a construction contract.

3(I) Any prior violations of the Contractors’ State License Law
4(Chapter 9 (commencing with Section 7000) of Division 3 of the
5Business and Professions Code), excluding alleged violations of
6federal or state law including the payment of wages, benefits,
7apprenticeship requirements, or personal income tax withholding,
8or of Federal Insurance Contribution Act (FICA) withholding
9requirements, settled against a member of the design-build entity.

10(J) Information concerning the bankruptcy or receivership of a
11member of the entity, including information concerning any work
12completed by a surety.

13(K) Information concerning all settled adverse claims, disputes,
14or lawsuits between the owner of a public works project and a
15member of the design-build entity during the five-year period
16preceding submission of the bid pursuant to this section, in which
17the claim, settlement, or judgment exceeds fifty thousand dollars
18($50,000). Information shall also be provided concerning any work
19completed by a surety during this period.

20(L) In the case of a partnership or other association that is not
21a legal entity, a copy of the agreement creating the partnership or
22association.

23(2) The information required pursuant to this subdivision shall
24be verified under oath by the design-build entity and its members
25in the manner in which civil pleadings in civil actions are verified.
26Information that is not a public record pursuant to the California
27Public Records Act (Chapter 3.5 (commencing with Section 6250)
28of Division 7 of Title 1 of the Government Code) shall not be open
29to public inspection.

30(c) The school district shall establish a procedure for final
31selection of the design-build entity. Selection shall be based on
32either of the following criteria:

33(1) A competitive bidding process resulting in lump-sum bids
34by the prequalified design-build entities. Award shall be made on
35the basis of the lowest responsible bid.

36(2) Notwithstanding any other provision of this code or of
37Section 20110 of the Public Contract Code, a school district may
38use a design-build competition based upon performance and other
39criteria set forth by the governing board of the school district in
40the solicitation of proposals. Criteria used in this evaluation of
P58   1proposals may include, but need not be limited to, the proposed
2design approach, life-cycle costs, project features, and project
3functions. However, competitive proposals shall be evaluated by
4using the criteria and source selection procedures specifically
5identified in the request for proposal. Once the evaluation is
6complete, all responsive bidders shall be ranked from the most
7advantageous to least advantageous to the school district.

8(A) An architectural or engineering firm or individual retained
9by the governing board of the school district to assist in the
10development criteria or preparation of the request for proposal
11shall not be eligible to participate in the competition with the
12design-build entity.

13(B) The award of the contract shall be made to the responsible
14bidder whose proposal is determined, in writing by the school
15district, to be the best value to the school district.

16(C) Proposals shall be evaluated and scored solely on the basis
17of the factors and source selection procedures identified in the
18request for proposal. However, the following minimum factors
19shall collectively represent at least 50 percent of the total weight
20or consideration given to all criteria factors: price, technical
21expertise, life-cycle costs over 15 years or more, skilled labor force
22availability, and acceptable safety record.

23(D) The school district governing board shall issue a written
24decision supporting its contract award and stating in detail the
25basis of the award. The decision and the contract file must be
26sufficient to satisfy an external audit.

27(E) Notwithstanding any provision of the Public Contract Code,
28upon issuance of a contract award, the school district governing
29board shall publicly announce its awards identifying the contractor
30to whom the award is made, the winning contractor’s price proposal
31and its overall combined rating on the request for proposal
32evaluation factors. The notice of award shall also include the
33agency’s ranking in relation to all other responsive bidders and
34their respective price proposals and a summary of the school
35district’s rationale for the contract award.

36(F) For purposes of this chapter, “skilled labor force availability”
37means that an agreement exists with a registered apprenticeship
38program, approved by the California Apprenticeship Council,
39which has graduated apprentices in the preceding five years. This
40graduation requirement shall not apply to programs providing
P59   1apprenticeship training for any craft that has not been deemed by
2the United States Department of Labor and the Department of
3Industrial Relations to be an apprenticable craft in the two years
4before enactment of this act.

5(G) For purposes of this chapter, a bidder’s “safety record” shall
6be deemed “acceptable” if its experience modification rate for the
7most recent three-year period is an average of 1.00 or less, and its
8average total recordable injury or illness rate and average lost work
9rate for the most recent three-year period do not exceed the
10applicable statistical standards for its business category, or if the
11bidder is a party to an alternative dispute resolution system as
12provided for in Section 3201.5 of the Labor Code.

18720.  

(a) There is hereby established in the state government
16the California Library Services Board, to consist of 13 members.
17The Governor shall appoint nine members of the board. Three of
18the Governor’s appointments shall be representative of laypersons,
19one of whom shall represent people with disabilities, one of whom
20shall represent limited- and non-English-speaking persons, and
21one of whom shall represent economically disadvantaged persons.

22(b) The Governor shall also appoint six members of the board,
23each of whom shall represent one of the following categories:
24school libraries, libraries for institutionalized persons, public library
25trustees or commissioners, public libraries, special libraries, and
26academic libraries.

27(c) The Legislature shall appoint the remaining four public
28members from persons who are not representative of categories
29mentioned in this section. Two shall be appointed by the Senate
30Committee on Rules and two shall be appointed by the Speaker
31of the Assembly.

32(d) The terms of office of members of the board shall be for
33four years and shall begin on January 1 of the year in which the
34respective terms are to start.

35(e) On January 1, 2013, the members of the board shall be those
36persons serving on the former Library of California Board,
37appointed pursuant to former Section 18820, as it existed on
38December 31, 2012, who shall serve for the duration of their terms.

22138.5.  

(a) (1) “Full time” means the days or hours of
5creditable service the employer requires to be performed by a class
6of employees in a school year in order to earn the compensation
7earnable as defined in Section 22115 and specified under the terms
8of a collective bargaining agreement or employment agreement.
9For the purpose of crediting service under this part, “full time”
10may not be less than the minimum standard specified in this
11section. Each collective bargaining agreement or employment
12agreement that applies to a member subject to the minimum
13standard specified in either paragraph (5) or (6) of subdivision (c)
14shall specify the number of hours of creditable service that equals
15“full time” pursuant to this section for each class of employee
16subject to either paragraph and make specific reference to this
17 section, and the district shall submit a copy of the agreement to
18the system.

19(2) The copies of each agreement shall be submitted
20electronically in a format determined by the system that ensures
21the security of the transmitted member data.

22(3) The copies shall be electronically submitted annually to the
23system on or before July 1, or on or before the effective date of
24the agreement, whichever is later.

25(b) The minimum standard for full time in prekindergarten
26through grade 12 is as follows:

27(1) One hundred seventy-five days per year or 1,050 hours per
28year, except as provided in paragraphs (2) and (3).

29(2) (A)   One hundred ninety days per year or 1,520 hours per
30year for all principals and program managers, including advisers,
31coordinators, consultants, and developers or planners of curricula,
32instructional materials, or programs, and for administrators, except
33as provided in subparagraph (B).

34(B) Two hundred fifteen days per year or 1,720 hours per year
35including school and legal holidays pursuant to the policy adopted
36by the employer’s governing board for administrators at a county
37office of education.

38(3) One thousand fifty hours per year for teachers in adult
39education programs.

P61   1(c) The minimum standard for full time in community colleges
2is as follows:

3(1) One hundred seventy-five days per year or 1,050 hours per
4year, except as provided in paragraphs (2), (3), (4), (5), and (6).
5Full time includes time for duties the employer requires to be
6performed as part of the full-time assignment for a particular class
7of employees.

8(2) One hundred ninety days per year or 1,520 hours per year
9for all program managers and for administrators, except as provided
10in paragraph (3).

11(3) Two hundred fifteen days per year or 1,720 hours per year
12including school and legal holidays pursuant to the policy adopted
13by the employer’s governing board for administrators at a district
14office.

15(4) One hundred seventy-five days per year or 1,050 hours per
16year for all counselors and librarians.

17(5) Five hundred twenty-five instructional hours per school year
18for all instructors employed on a part-time basis, except instructors
19specified in paragraph (6). If an instructor receives compensation
20for office hours pursuant to Article 10 (commencing with Section
2187880) of Chapter 3 of Part 51 of Division 7 of Title 3, the
22minimum standard shall be increased appropriately by the number
23of office hours required annually for the class of employees.

24(6) Eight hundred seventy-five instructional hours per school
25year for all instructors employed in adult education programs. If
26an instructor receives compensation for office hours pursuant to
27Article 10 (commencing with Section 87880) of Chapter 3 of Part
2851 of Division 7 of Title 3, the minimum standard shall be
29increased appropriately by the number of office hours required
30annually for the class of employees.

31(d) The board has final authority to determine full time for
32purposes of crediting service under this part if full time is not
33otherwise specified in this section.

34(e) This section shall become operative on July 1, 2013.

33195.  

(a) Every person, firm, association, partnership, or
38corporation operating a heritage school as defined in Section
3933195.4 shall, between the 1st and 31st day of January of each
40year, commencing on January 1, 2011, file with the Superintendent
P62   1an electronic registration form, under penalty of perjury, by the
2owner or other head setting forth the following information for the
3current year:

4(1) All names, whether real or fictitious, of the person, firm,
5association, partnership, or corporation under which it has done
6and is doing business.

7(2) The address, including city and street, of the location at
8which the heritage school delivers services to pupils.

9(3) The names and addresses, including city and street, of the
10directors, if any, and principal officers of the person, firm,
11association, partnership, or corporation.

12(4) The school enrollment, by grade span, number of teachers,
13and coeducational or enrollment limited to boys or girls.

14(5) That the following records are maintained at the address
15stated, and are true and accurate:

16(A) The courses of study offered by the institution.

17(B) The names and addresses, including city and street, of its
18faculty, together with a record of the educational qualifications of
19each faculty member.

20(6) Criminal record summary information that has been obtained
21pursuant to Section 44237.

22(7) The heritage school telephone number.

23(8) Acknowledgment that the director of the heritage school
24and all employees are mandated reporters and subject to the
25requirements established by the Child Abuse and Neglect Reporting
26Act (Article 2.5 (commencing with Section 11164) of Chapter 2
27of Title 1 of Part 4 of the Penal Code) and, consistent with that
28act, certification that:

29(A) The employer is aware that it is encouraged to provide its
30employees with training in the duties imposed by the act.

31(B) Employees have signed a statement provided by the
32employer that the employees have knowledge of the act and will
33comply with its provisions.

34(C) Employees have been notified by the employer of their
35reporting obligations and confidentiality rights, pursuant to Section
3611165.9 of the Penal Code.

37(b) If two or more heritage schools are under the effective
38control or supervision of a single administrative unit, the
39administrative unit shall comply with the provisions of this section
P63   1by submitting an electronic registration form on behalf of every
2heritage school under its effective control or supervision.

3(c) Filing pursuant to this section shall not be interpreted to
4mean, and it shall be unlawful for a school to expressly or impliedly
5represent, that the State of California, the Superintendent, the state
6board, the department or a division or bureau of the department,
7or an accrediting agency has made an evaluation, recognition,
8approval, or endorsement of the school or course, unless this is an
9actual fact.

10(d) Filing pursuant to this section does not grant a heritage
11school a right to receive state funding.

35583.  

For purposes of paragraph (1) of subdivision (a) of
15Section 35735.1, the blended revenue limit per unit of average
16daily attendance for the Wiseburn Unified School District shall be
17calculated as follows:

18(a) Multiply the Wiseburn School District revenue limit per unit
19of average daily attendance for the 2012-13 fiscal year by nine.

20(b) Multiply the Centinela Valley Union High School District
21revenue limit per unit of average daily attendance for the 2012-13
22fiscal year by four.

23(c) Add the products determined pursuant to subdivisions (a)
24and (b).

25(d) Divide the sum determined pursuant to subdivision (c) by
2613. This amount shall be the blended revenue limit per unit of
27average daily attendance for the Wiseburn Unified School District.

38000.  

(a) The governing board of a school district may
31establish a security department under the supervision of a chief of
32security as designated by, and under the direction of, the
33superintendent of the school district. In accordance with Chapter
345 (commencing with Section 45100) of Part 25, the governing
35board of a school district may employ personnel to ensure the
36safety of school district personnel and pupils and the security of
37the real and personal property of the school district. It is the intent
38of the Legislature in enacting this section that a school district
39security department is supplementary to city and county law
40enforcement agencies and is not vested with general police powers.

P64   1(b) The governing board of a school district may establish a
2school police department under the supervision of a school chief
3of police and, in accordance with Chapter 5 (commencing with
4Section 45100) of Part 25, may employ peace officers, as defined
5in subdivision (b) of Section 830.32 of the Penal Code, to ensure
6the safety of school district personnel and pupils, and the security
7of the real and personal property of the school district.

8(c) The governing board of a school district that establishes a
9security department or a police department shall set minimum
10qualifications of employment for the chief of security or school
11chief of police, respectively, including, but not limited to, prior
12employment as a peace officer or completion of a peace officer
13training course approved by the Commission on Peace Officer
14Standards and Training. A chief of security or school chief of
15police shall comply with the prior employment or training
16requirement set forth in this subdivision as of January 1, 1993, or
17a date one year subsequent to the initial employment of the chief
18of security or school chief of police by the school district,
19whichever occurs later. This subdivision shall not be construed to
20require the employment by a school district of additional personnel.

21(d) A school district may assign a school police reserve officer
22who is deputized pursuant to Section 35021.5 to a schoolsite to
23supplement the duties of school police officers pursuant to this
24section.

41320.1.  

Acceptance by the school district of the
28apportionments made pursuant to Section 41320 constitutes the
29agreement by the school district to all of the following conditions:

30(a) The Superintendent shall appoint a trustee who has
31recognized expertise in management and finance and may employ,
32on a short-term basis, staff necessary to assist the trustee, including,
33but not limited to, certified public accountants, as follows:

34(1) The expenses incurred by the trustee and necessary staff
35shall be borne by the school district.

36(2) The Superintendent shall establish the terms and conditions
37of the employment, including the remuneration of the trustee. The
38trustee shall serve at the pleasure of, and report directly to, the
39Superintendent.

P65   1(3) The trustee, and necessary staff, shall serve until the school
2district has adequate fiscal systems and controls in place, the
3Superintendent has determined that the school district’s future
4compliance with the fiscal plan approved for the school district
5under Section 41320 is probable, and the Superintendent decides
6to terminate the trustee’s appointment, but in no event, for less
7than three years. The Superintendent shall notify the county
8superintendent of schools, the Legislature, the Department of
9Finance, and the Controller no less than 60 days before the time
10that the Superintendent expects these conditions to be met.

11(4) Before the school district repays the loan, including interest,
12the recipient of the loan shall select an auditor from a list
13established by the Superintendent and the Controller to conduct
14an audit of its fiscal systems. If the fiscal systems are deemed to
15be inadequate, the Superintendent may retain the trustee until the
16deficiencies are corrected. The cost of this audit and any additional
17cost of the trustee shall be borne by the school district.

18(5) Notwithstanding any other law, all reports submitted to the
19trustee are public records.

20(6) To facilitate the appointment of the trustee and the
21employment of necessary staff, for purposes of this section, the
22Superintendent is exempt from the requirements of Article 6
23(commencing with Section 999) of Chapter 6 of Division 4 of the
24Military and Veterans Code and Part 2 (commencing with Section
2510100) of Division 2 of the Public Contract Code.

26(7) Notwithstanding any other law, the Superintendent may
27appoint an employee of the department to act as trustee for up to
28the duration of the trusteeship. The salary and benefits of that
29employee shall be established by the Superintendent and paid by
30the school district. During the time of appointment, the employee
31is an employee of the school district, but shall remain in the same
32retirement system under the same plan as if the employee had
33remained in the department. Upon the expiration or termination
34of the appointment, the employee shall have the right to return to
35his or her former position, or to a position at substantially the same
36level as that position, with the department. The time served in the
37appointment shall be counted for all purposes as if the employee
38had served that time in his or her former position with the
39department.

P66   1(b) (1) The trustee appointed by the Superintendent shall
2monitor and review the operation of the school district. During the
3period of his or her service, the trustee may stay or rescind an
4action of the governing board of the school district that, in the
5judgment of the trustee, may affect the financial condition of the
6school district.

7(2) After the trustee’s period of service, and until the loan is
8repaid, the county superintendent of schools that has jurisdiction
9over the school district may stay or rescind an action of the
10governing board of the school district that, in his or her judgment,
11may affect the financial condition of the school district. The county
12superintendent of schools shall notify the Superintendent, within
13five business days, if he or she stays or rescinds an action of the
14governing board of the school district. The notice shall include,
15but not be limited to, both of the following:

16(A) A description of the governing board of the school district’s
17intended action and its financial implications.

18(B) The rationale and findings that support the county
19superintendent of school’s decision to stay or rescind the action
20of the governing board of the school district.

21(3) If the Superintendent is notified by the county superintendent
22of schools pursuant to paragraph (2), the Superintendent shall
23report to the Legislature, on or before December 30 of every year,
24whether the school district is complying with the fiscal plan
25approved for the school district.

26(4) The Superintendent may establish timelines and prescribe
27formats for reports and other materials to be used by the trustee to
28monitor and review the operations of the school district. The trustee
29shall approve or reject all reports and other materials required from
30the school district as a condition of receiving the apportionment.
31The Superintendent, upon the recommendation of the trustee, may
32reduce an apportionment to the school district in an amount up to
33two hundred dollars ($200) per day for each late or unacceptable
34report or other material required under this part, and shall report
35to the Legislature a failure of the school district to comply with
36the requirements of this section. If the Superintendent determines,
37at any time, that the fiscal plan approved for the school district
38under Section 41320 is unsatisfactory, he or she may modify the
39plan as necessary, and the school district shall comply with the
40plan as modified.

P67   1(c) At the request of the Superintendent, the Controller shall
2transfer to the department, from an apportionment to which the
3school district would otherwise have been entitled pursuant to
4Section 42238, the amount necessary to pay the expenses incurred
5by the trustee and associated costs incurred by the county
6superintendent of schools.

7(d) For the fiscal year in which the apportionments are disbursed
8and every year thereafter, the Controller, or his or her designee,
9shall cause an audit to be conducted of the books and accounts of
10the school district, in lieu of the audit required by Section 41020.
11At the Controller’s discretion, the audit may be conducted by the
12Controller, his or her designee, or an auditor selected by the school
13district and approved by the Controller. The costs of these audits
14shall be borne by the school district. These audits shall be required
15until the Controller determines, in consultation with the
16Superintendent, that the school district is financially solvent, but
17in no event earlier than one year following the implementation of
18the plan or later than the time the apportionment made is repaid,
19including interest. In addition, the Controller shall conduct quality
20control reviews pursuant to subdivision (c) of Section 14504.2.

21(e) For purposes of errors and omissions liability insurance
22policies, the trustee appointed pursuant to this section is an
23employee of the local educational agency to which he or she is
24assigned. For purposes of workers’ compensation benefits, the
25trustee is an employee of the local educational agency to which
26he or she is assigned, except that a trustee appointed pursuant to
27paragraph (7) of subdivision (a) is an employee of the department
28for those purposes.

29(f) Except for an individual appointed by the Superintendent as
30trustee pursuant to paragraph (7) of subdivision (a), the
31state-appointed trustee is a member of the State Teachers’
32Retirement System, if qualified, for the period of service as trustee,
33unless the trustee elects in writing not to become a member. A
34person who is a member or retirant of the State Teachers’
35Retirement System at the time of appointment shall continue to
36be a member or retirant of the system for the duration of the
37appointment. If the trustee chooses to become a member or is
38already a member, the trustee shall be placed on the payroll of the
39school district for the purpose of providing appropriate
40contributions to the system. The Superintendent may also require
P68   1that an individual appointed as trustee pursuant to paragraph (7)
2of subdivision (a) be placed on the payroll of the school district
3for purposes of remuneration, other benefits, and payroll
4deductions. For purposes of workers’ compensation benefits, the
5state-appointed trustee is deemed an employee of the local
6educational agency to which he or she is assigned, except that a
7trustee who is appointed pursuant to paragraph (7) of subdivision
8(a) is an employee of the department for those purposes.

41326.  

(a) Notwithstanding any other provision of this code,
12the acceptance by a school district of an apportionment made
13pursuant to Section 41320 that exceeds an amount equal to 200
14percent of the amount of the reserve recommended for that school
15district under the standards and criteria adopted pursuant to Section
1633127 constitutes the agreement by the school district to the
17conditions set forth in this article. Before applying for an
18emergency apportionment in the amount identified in this
19subdivision, the governing board of a school district shall discuss
20the need for that apportionment at a regular or special meeting of
21the governing board of the school district and, at that meeting,
22shall receive testimony regarding the apportionment from parents,
23exclusive representatives of employees of the school district, and
24other members of the community. For purposes of this article,
25“qualifying school district” means a school district that accepts a
26loan as described in this subdivision.

27(b) The Superintendent shall assume all the legal rights, duties,
28and powers of the governing board of a qualifying school district.
29The Superintendent, in consultation with the county superintendent
30of schools, shall appoint an administrator to act on his or her behalf
31in exercising the authority described in this subdivision in
32accordance with all of the following:

33(1) The administrator shall serve under the direction and
34supervision of the Superintendent until terminated by the
35Superintendent at his or her discretion. The Superintendent shall
36consult with the county superintendent of schools before
37terminating the administrator.

38(2) The administrator shall have recognized expertise in
39management and finance.

P69   1(3) To facilitate the appointment of the administrator and the
2employment of necessary staff, for purposes of this section, the
3Superintendent is exempt from the requirements of Article 6
4(commencing with Section 999) of Chapter 6 of Division 4 of the
5Military and Veterans Code and Part 2 (commencing with Section
610100) of Division 2 of the Public Contract Code.

7(4) Notwithstanding any other law, the Superintendent may
8appoint an employee of the state or the office of the county
9superintendent of schools to act as administrator for up to the
10duration of the administratorship. During the tenure of his or her
11appointment, the administrator, if he or she is an employee of the
12state or the office of the county superintendent of schools, is an
13employee of the qualifying school district, but shall remain in the
14same retirement system under the same plan that has been provided
15by his or her employment with the state or the office of the county
16superintendent of schools. Upon the expiration or termination of
17the appointment, the employee shall have the right to return to his
18or her former position, or to a position at substantially the same
19level as that position, with the state or the office of the county
20superintendent of schools. The time served in the appointment
21shall be counted for all purposes as if the administrator had served
22that time in his or her former position with the state or the office
23of the county superintendent of schools.

24(5) Except for an individual appointed as an administrator by
25the Superintendent pursuant to paragraph (4), the administrator
26shall be a member of the State Teachers’ Retirement System, if
27qualified, for the period of service as administrator, unless he or
28she elects in writing not to become a member. A person who is a
29member or retirant of the State Teachers’ Retirement System at
30the time of appointment shall continue to be a member or retirant
31of the system for the duration of the appointment. If the
32administrator chooses to become a member or is already a member,
33the administrator shall be placed on the payroll of the qualifying
34school district for purposes of providing appropriate contributions
35to the system. The Superintendent may also require the
36administrator to be placed on the payroll of the qualifying school
37district for purposes of remuneration, other benefits, and payroll
38deductions.

39(6) For purposes of workers’ compensation benefits, the
40administrator is an employee of the qualifying school district,
P70   1except that an administrator appointed pursuant to paragraph (4)
2may be deemed an employee of the state or office of the county
3superintendent of schools, as applicable.

4(7) The qualifying school district shall add the administrator as
5a covered employee of the qualifying school district for all purposes
6of errors and omissions liability insurance policies.

7(8) The salary and benefits of the administrator shall be
8established by the Superintendent and paid by the qualifying school
9district.

10(9) The Superintendent or the administrator may employ, on a
11short-term basis and at the expense of the qualifying school district,
12any staff necessary to assist the administrator, including, but not
13limited to, a certified public accountant.

14(10) The administrator may do all of the following:

15(A) Implement substantial changes in the fiscal policies and
16practices of the qualifying school district, including, if necessary,
17the filing of a petition under Chapter 9 (commencing with Section
18901) of Title 11 of the United States Code for the adjustment of
19indebtedness.

20(B) Revise the educational program of the qualifying school
21district to reflect realistic income projections and pupil performance
22relative to state standards.

23(C) Encourage all members of the school community to accept
24a fair share of the burden of the fiscal recovery of the qualifying
25school district.

26(D) Consult, for the purposes described in this subdivision, with
27the governing board of the qualifying school district, the exclusive
28representatives of the employees of the qualifying school district,
29parents, and the community.

30(E) Consult with, and seek recommendations from, the
31Superintendent, the county superintendent of schools, and the
32County Office Fiscal Crisis and Management Assistance Team
33authorized pursuant to subdivision (c) of Section 42127.8 for
34purposes described in this article.

35(F) With the approval of the Superintendent, enter into
36agreements on behalf of the qualifying school district and, subject
37to any contractual obligation of the qualifying school district,
38change existing school district rules, regulations, policies, or
39practices as necessary for the effective implementation of the
40recovery plans referred to in Sections 41327 and 41327.1.

P71   1(c) (1) Except as provided for in paragraph (2), the period of
2time during which the Superintendent exercises the authority
3described in subdivision (b), the governing board of the qualifying
4school district shall serve as an advisory body reporting to the
5state-appointed administrator, and has no rights, duties, or powers,
6and is not entitled to any stipend, benefits, or other compensation
7from the qualifying school district.

8(2) (A) After one complete fiscal year has elapsed following
9the qualifying school district’s acceptance of an emergency
10apportionment, the governing board of the qualifying school district
11may conduct an annual advisory evaluation of an administrator
12for the duration of the administratorship.

13(B) An advisory evaluation of an administrator shall focus on
14the administrator’s effectiveness in leading the qualifying school
15district toward fiscal recovery and improved academic
16achievement. Advisory evaluation criteria shall be agreed upon
17by the governing board of the qualifying school district and the
18administrator before the advisory evaluation. The advisory
19evaluation shall include, but not be limited to, all of the following:

20(i) Goals and standards consistent with Section 41327.1.

21(ii) Commendations in the areas of the administrator’s strengths
22and achievements.

23(iii) Recommendations for improving the administrator’s
24effectiveness in areas of concern and unsatisfactory performance.

25(C) An advisory evaluation of an administrator conducted by
26the governing board of a qualifying school district shall be
27submitted to the Governor, the Legislature, the Superintendent,
28and the County Office Fiscal Crisis and Management Assistance
29Team.

30(3) Upon the appointment of an administrator pursuant to this
31section, the district superintendent is no longer an employee of the
32qualifying school district.

33(4) A determination of the severance compensation for the
34district superintendent shall be made pursuant to subdivision (j).

35(d) Notwithstanding Section 35031 or any other law, the
36administrator, after according the affected employee reasonable
37notice and the opportunity for a hearing, may terminate the
38employment of a deputy, associate, assistant superintendent, or
39other school district level administrator who is employed by a
40qualifying school district under a contract of employment signed
P72   1or renewed after January 1, 1992, if the employee fails to
2document, to the satisfaction of the administrator, that before the
3date of the acceptance of the emergency apportionment he or she
4either advised the governing board of the qualifying school district,
5or his or her superior, that actions contemplated or taken by the
6governing board of the qualifying school district could result in
7the fiscal insolvency of the qualifying school district, or took other
8appropriate action to avert that fiscal insolvency.

9(e) The authority of the Superintendent, and the administrator,
10under this section shall continue until all of the following occur:

11(1) (A) After one complete fiscal year has elapsed following
12the qualifying school district’s acceptance of an emergency
13apportionment as described in subdivision (a), the administrator
14determines, and so notifies the Superintendent and the county
15superintendent of schools, that future compliance by the qualifying
16school district with the recovery plans approved pursuant to
17paragraph (2) is probable.

18(B) The Superintendent may return power to the governing
19board of the qualifying school district for an area listed in
20subdivision (a) of Section 41327.1 if performance under the
21recovery plan for that area has been demonstrated to the satisfaction
22of the Superintendent.

23(2) The Superintendent has approved all of the recovery plans
24referred to in subdivision (a) of Section 41327 and the County
25Office Fiscal Crisis and Management Assistance Team completes
26the improvement plans specified in Section 41327.1 and has
27completed a minimum of two reports identifying the qualifying
28school district’s progress in implementing the improvement plans.

29(3) The administrator certifies that all necessary collective
30bargaining agreements have been negotiated and ratified, and that
31the agreements are consistent with the terms of the recovery plans.

32(4) The qualifying school district has completed all reports
33required by the Superintendent and the administrator.

34(5) The Superintendent determines that future compliance by
35the qualifying school district with the recovery plans approved
36pursuant to paragraph (2) is probable.

37(f) When the conditions stated in subdivision (e) have been met,
38and at least 60 days after the Superintendent has notified the
39Legislature, the Department of Finance, the Controller, and the
40county superintendent of schools that he or she expects the
P73   1conditions prescribed pursuant to this section to be met, the
2governing board of the qualifying school district shall regain all
3of its legal rights, duties, and powers, except for the powers held
4by the trustee provided for pursuant to Article 2 (commencing with
5Section 41320). The Superintendent shall appoint a trustee under
6Section 41320.1 to monitor and review the operations of the
7qualifying school district until the conditions of subdivision (b)
8of that section have been met.

9(g) Notwithstanding subdivision (f), if the qualifying school
10district violates a provision of the recovery plans approved by the
11Superintendent pursuant to this article within five years after the
12trustee appointed pursuant to Section 41320.1 is removed or after
13the emergency apportionment is repaid, whichever occurs later,
14or the improvement plans specified in Section 41327.1 during the
15period of the trustee’s appointment, the Superintendent may
16reassume, either directly or through an administrator appointed in
17accordance with this section, all of the legal rights, duties, and
18powers of the governing board of the qualifying school district.
19The Superintendent shall return to the governing board of the
20qualifying school district all of its legal rights, duties, and powers
21reassumed under this subdivision when he or she determines that
22future compliance with the approved recovery plans is probable,
23or after a period of one year, whichever occurs later.

24(h) Article 2 (commencing with Section 41320) shall apply
25except as otherwise specified in this article.

26(i) It is the intent of the Legislature that the legislative budget
27subcommittees annually conduct a review of each qualifying school
28district that includes an evaluation of the financial condition of the
29qualifying school district, the impact of the recovery plans upon
30the qualifying school district’s educational program, and the efforts
31made by the state-appointed administrator to obtain input from the
32community and the governing board of the qualifying school
33district.

34(j) (1) The district superintendent is entitled to a due process
35hearing for purposes of determining final compensation. The final
36compensation of the district superintendent shall be between zero
37and six times his or her monthly salary. The outcome of the due
38process hearing shall be reported to the Superintendent and the
39public. The information provided to the public shall explain the
40rationale for the compensation.

P74   1(2) This subdivision applies only to a contract for employment
2negotiated on or after June 21, 2004.

3(k) (1) When the Superintendent assumes control over a
4qualifying school district pursuant to subdivision (b), he or she
5shall, in consultation with the County Office Fiscal Crisis and
6Management Assistance Team, review the fiscal oversight of the
7qualifying school district by the county superintendent of schools.
8The Superintendent may consult with other fiscal experts, including
9other county superintendents of schools and regional fiscal teams,
10in conducting this review.

11(2) Within three months of assuming control over a qualifying
12school district, the Superintendent shall report his or her findings
13to the Legislature and shall provide a copy of that report to the
14Department of Finance. This report shall include findings as to
15fiscal oversight actions that were or were not taken and may include
16recommendations as to an appropriate legislative response to
17improve fiscal oversight.

18(3) If, after performing the duties described in paragraphs (1)
19and (2), the Superintendent determines that the county
20superintendent of schools failed to carry out his or her
21responsibilities for fiscal oversight as required by this code, the
22Superintendent may exercise the authority of the county
23superintendent of schools who has oversight responsibilities for a
24qualifying school district. If the Superintendent finds, based on
25the report required in paragraph (2), that the county superintendent
26of schools failed to appropriately take into account particular types
27of indicators of financial distress, or failed to take appropriate
28remedial actions in the qualifying school district, the
29Superintendent shall further investigate whether the county
30superintendent of schools failed to take into account those
31indicators, or similarly failed to take appropriate actions in other
32school districts with negative or qualified certifications, and shall
33provide an additional report on the fiscal oversight practices of the
34county superintendent of schools to the appropriate policy and
35fiscal committees of each house of the Legislature and the
36Department of Finance.

47660.  

(a) For purposes of computing eligibility for, and
40entitlements to, general purpose funding and operational funding
P75   1for categorical programs, the enrollment and average daily
2attendance of a sponsoring local educational agency shall exclude
3the enrollment and attendance of pupils in its charter schools
4funded pursuant to this chapter.

5(b) (1) Notwithstanding subdivision (a), and commencing with
6the 2005-06 fiscal year, for purposes of computing eligibility for,
7and entitlements to, revenue limit funding, the average daily
8attendance of a unified school district, other than a unified school
9district that has converted all of its schools to charter status
10pursuant to Section 47606, shall include all attendance of pupils
11who reside in the unified school district and who would otherwise
12have been eligible to attend a noncharter school of the school
13district, if the school district was a basic aid school district in the
14prior fiscal year, or if the pupils reside in the unified school district
15and attended a charter school of that school district that converted
16to charter status on or after July 1, 2005. Only the attendance of
17the pupils described by this paragraph shall be included in the
18calculation made pursuant to paragraph (7) of subdivision (h) of
19Section 42238.

20(2) Notwithstanding subdivision (a), for the 2005-06 fiscal year
21only, for purposes of computing eligibility for, and entitlements
22to, revenue limit funding, the average daily attendance of a unified
23school district, other than a unified school district that has
24converted all of its schools to charter status pursuant to Section
2547606 and is operating them as charter schools, shall include all
26attendance of pupils who reside in the unified school district and
27who would otherwise have been eligible to attend a noncharter
28school of the unified school district if the pupils attended a charter
29school operating in the unified school district prior to July 1, 2005.
30Only the attendance of pupils described by this paragraph shall be
31included in the calculation made pursuant to Section 42241.3. The
32attendance of the pupils described by this paragraph shall be
33included in the calculation made pursuant to paragraph (7) of
34subdivision (h) of Section 42238.

35(c) (1) For the attendance of pupils specified in subdivision (b),
36the general-purpose entitlement for a charter school that is
37established through the conversion of an existing public school
38within a unified school district on or after July 1, 2005, but before
39January 1, 2010, shall be determined using the following amount
40of general-purpose funding per unit of average daily attendance,
P76   1in lieu of the amount calculated pursuant to subdivision (a) of
2Section 47633:

3(A) The amount of the actual unrestricted revenues expended
4per unit of average daily attendance for that school in the year
5prior to its conversion to, and operation as, a charter school,
6adjusted for the base revenue limit per pupil inflation increase
7adjustment set forth in Section 42238.1, if this adjustment is
8provided, and also adjusted for equalization, deficit reduction, and
9other state general-purpose increases, if any, provided for the
10unified school district in the year of conversion to, and operation
11as a charter school.

12(B) For a subsequent fiscal year, the general-purpose entitlement
13shall be determined based on the amount per unit of average daily
14attendance allocated in the prior fiscal year adjusted for the base
15revenue limit per pupil inflation increase adjustment set forth in
16Section 42238.1, if this adjustment is provided, and also adjusted
17for equalization, deficit reduction, and other state general-purpose
18increases, if any, provided for the unified school district in that
19fiscal year.

20(2) This subdivision shall not apply to a charter school that is
21established through the conversion of an existing public school
22within a unified school district on or after January 1, 2010, which
23instead shall receive general-purpose funding pursuant to Section
2447633. This paragraph does not preclude a charter school or unified
25school district from agreeing to an alternative funding formula.

26(d) Commencing with the 2005-06 fiscal year, the
27general-purpose funding per unit of average daily attendance
28specified for a unified school district for purposes of paragraph
29(7) of subdivision (h) of Section 42238 for a school within the
30unified school district that converted to charter status on or after
31July 1, 2005, shall be deemed to be the amount computed pursuant
32to subdivision (c).

33(e) A unified school district that is the sponsoring local
34educational agency, as defined in subdivision (j) of Section 47632,
35of a charter school that is subject to paragraphs (1) and (2) of
36subdivision (c) shall certify to the Superintendent the amount
37specified in paragraph (1) of subdivision (c) prior to the approval
38of the charter petition by the governing board of the school district.
39This amount may be based on estimates of the unrestricted revenues
40expended in the fiscal year prior to the school’s conversion to
P77   1charter status and the school’s operation as a charter school,
2provided that the amount is recertified when the actual data
3becomes available.

4(f) For the purposes of this section, “basic aid school district”
5means a school district that does not receive from the state an
6 apportionment of state funds pursuant to subdivision (h) of Section
742238.

8(g) A school district may use the existing Standardized Account
9Code Structure and cost allocation methods, if appropriate, for an
10accounting of the actual unrestricted revenues expended in support
11of a school pursuant to subdivision (c).

12(h) For purposes of this section and Section 42241.3, “operating”
13means that pupils are attending and receiving instruction at the
14charter school.

48853.  

(a) A pupil described in subdivision (a) of Section
1848853.5 who is placed in a licensed children’s institution or foster
19family home shall attend programs operated by the local
20educational agency, unless one of the following applies:

21(1) The pupil is entitled to remain in his or her school of origin
22pursuant to paragraph (1) of subdivision (d) of Section 48853.5.

23(2) The pupil has an individualized education program requiring
24placement in a nonpublic, nonsectarian school or agency, or in
25another local educational agency.

26(3) The parent or guardian, or other person holding the right to
27make educational decisions for the pupil pursuant to Section 361
28or 726 of the Welfare and Institutions Code or Section 56055,
29determines that it is in the best interests of the pupil to be placed
30in another educational program, in which case the parent or
31guardian or other person holding the right to make educational
32decisions for the pupil shall provide a written statement that he or
33she has made that determination to the local educational agency.
34This statement shall include a declaration that the parent, guardian,
35or other person holding the right to make educational decisions
36for the pupil is aware of all of the following:

37(A) The pupil has a right to attend a regular public school in the
38least restrictive environment.

39(B) The alternate education program is a special education
40program, if applicable.

P78   1(C) The decision to unilaterally remove the pupil from the
2 regular public school and to place the pupil in an alternate
3education program may not be financed by the local educational
4agency.

5(D) Any attempt to seek reimbursement for the alternate
6education program may be at the expense of the parent, guardian,
7or other person holding the right to make educational decisions
8for the pupil.

9(b) For purposes of ensuring a parent, guardian, or other person
10holding the right to make educational decisions for the pupil is
11aware of the information described in subparagraphs (A) to (D),
12inclusive, of paragraph (3) of subdivision (a), the local educational
13agency may provide him or her with that information in writing.

14(c) Before any decision is made to place a pupil in a juvenile
15court school as defined by Section 48645.1, a community school
16as described in Sections 1981 and 48660, or other alternative
17educational setting, the parent or guardian, or person holding the
18right to make educational decisions for the pupil pursuant to
19Section 361 or 726 of the Welfare and Institutions Code or Section
2056055, shall first consider placement in the regular public school.

21(d) If any dispute arises as to the school placement of a pupil
22subject to this section, the pupil has the right to remain in his or
23her school of origin, as defined in subdivision (e) of Section
2448853.5, pending resolution of the dispute. The dispute shall be
25resolved in accordance with the existing dispute resolution process
26available to any pupil served by the local educational agency.

27(e) This section does not supersede other laws that govern pupil
28expulsion.

29(f) This section does not supersede any other law governing the
30educational placement in a juvenile court school, as defined by
31Section 48645.1, of a pupil detained in a county juvenile hall, or
32committed to a county juvenile ranch, camp, forestry camp, or
33regional facility.

34(g) Foster children living in emergency shelters, as referenced
35in the federal McKinney-Vento Homeless Assistance Act (42
36U.S.C. Sec. 11301 et seq.), may receive educational services at
37the emergency shelter as necessary for short periods of time for
38either of the following reasons:

39(1) For health and safety emergencies.

P79   1(2) To provide temporary, special, and supplementary services
2to meet the child’s unique needs if a decision regarding whether
3it is in the child’s best interests to attend the school of origin cannot
4be made promptly, it is not practical to transport the child to the
5school of origin, and the child would otherwise not receive
6educational services.

7The educational services may be provided at the shelter pending
8a determination by the person holding the right regarding the
9educational placement of the child.

10(h) All educational and school placement decisions shall be
11made to ensure that the child is placed in the least restrictive
12educational programs and has access to academic resources,
13services, and extracurricular and enrichment activities that are
14available to all pupils. In all instances, educational and school
15placement decisions shall be based on the best interests of the
16child.

48853.5.  

(a) This section applies to a foster child. “Foster
20child” means a child who has been removed from his or her home
21pursuant to Section 309 of the Welfare and Institutions Code, is
22the subject of a petition filed under Section 300 or 602 of the
23Welfare and Institutions Code, or has been removed from his or
24her home and is the subject of a petition filed under Section 300
25or 602 of the Welfare and Institutions Code.

26(b) Each local educational agency shall designate a staff person
27as the educational liaison for foster children. In a school district
28that operates a foster children services program pursuant to Chapter
2911.3 (commencing with Section 42920) of Part 24 of Division 3,
30the educational liaison shall be affiliated with the local foster
31children services program. The educational liaison shall do all of
32the following:

33(1) Ensure and facilitate the proper educational placement,
34enrollment in school, and checkout from school of foster children.

35(2) Assist foster children when transferring from one school to
36another school or from one school district to another school district
37in ensuring proper transfer of credits, records, and grades.

38(c) If so designated by the superintendent of the local educational
39agency, the educational liaison shall notify a foster child’s attorney
40and the appropriate representative of the county child welfare
P80   1agency of pending expulsion proceedings if the decision to
2recommend expulsion is a discretionary act, pending proceedings
3to extend a suspension until an expulsion decision is rendered if
4the decision to recommend expulsion is a discretionary act, and,
5if the foster child is an individual with exceptional needs, pending
6manifestation determinations pursuant to Section 1415(k) of Title
720 of the United States Code if the local educational agency has
8proposed a change in placement due to an act for which the
9decision to recommend expulsion is at the discretion of the
10principal or the district superintendent of schools.

11(d) This section does not grant authority to the educational
12liaison that supersedes the authority granted under state and federal
13law to a parent or legal guardian retaining educational rights, a
14responsible adult appointed by the court to represent the child
15pursuant to Section 361 or 726 of the Welfare and Institutions
16Code, a surrogate parent, or a foster parent exercising the authority
17granted under Section 56055. The role of the educational liaison
18is advisory with respect to placement decisions and determination
19of the school of origin.

20(e) (1) At the initial detention or placement, or any subsequent
21change in placement of a foster child, the local educational agency
22serving the foster child shall allow the foster child to continue his
23or her education in the school of origin for the duration of the
24jurisdiction of the court.

25(2) If the jurisdiction of the court is terminated before the end
26of an academic year, the local educational agency shall allow a
27former foster child who is in kindergarten or any of grades 1 to 8,
28inclusive, to continue his or her education in the school of origin
29through the duration of the academic school year.

30(3) (A) If the jurisdiction of the court is terminated while a
31foster child is in high school, the local educational agency shall
32allow the former foster child to continue his or her education in
33the school of origin through graduation.

34(B) For purposes of this paragraph, a school district is not
35required to provide transportation to a former foster child who has
36an individualized education program that does not require
37transportation as a related service and who changes residence but
38remains in his or her school of origin pursuant to this paragraph,
39unless the individualized education program team determines that
40transportation is a necessary related service.

P81   1(4) To ensure that the foster child has the benefit of matriculating
2with his or her peers in accordance with the established feeder
3patterns of school districts, if the foster child is transitioning
4between school grade levels, the local educational agency shall
5allow the foster child to continue in the school district of origin in
6the same attendance area, or, if the foster child is transitioning to
7a middle school or high school, and the school designated for
8matriculation is in another school district, to the school designated
9for matriculation in that school district.

10(5) Paragraphs (2), (3), and (4) do not require a school district
11to provide transportation services to allow a foster child to attend
12a school or school district, unless otherwise required under federal
13law. This paragraph does not prohibit a school district from, at its
14discretion, providing transportation services to allow a foster child
15to attend a school or school district.

16(6) The educational liaison, in consultation with, and with the
17agreement of, the foster child and the person holding the right to
18make educational decisions for the foster child, may recommend,
19in accordance with the foster child’s best interests, that the foster
20child’s right to attend the school of origin be waived and the foster
21child be enrolled in a public school that pupils living in the
22attendance area in which the foster child resides are eligible to
23attend.

24(7) Before making a recommendation to move a foster child
25from his or her school of origin, the educational liaison shall
26provide the foster child and the person holding the right to make
27educational decisions for the foster child with a written explanation
28stating the basis for the recommendation and how the
29recommendation serves the foster child’s best interest.

30(8) (A) If the educational liaison, in consultation with the foster
31child and the person holding the right to make educational decisions
32for the foster child, agrees that the best interests of the foster child
33would best be served by his or her transfer to a school other than
34the school of origin, the foster child shall immediately be enrolled
35in the new school.

36(B) The new school shall immediately enroll the foster child
37even if the foster child has outstanding fees, fines, textbooks, or
38other items or moneys due to the school last attended or is unable
39to produce clothing or records normally required for enrollment,
40such as previous academic records, medical records, including,
P82   1but not limited to, records or other proof of immunization history
2pursuant to Chapter 1 (commencing with Section 120325) of Part
32 of Division 105 of the Health and Safety Code, proof of
4residency, other documentation, or school uniforms.

5(C) Within two business days of the foster child’s request for
6enrollment, the educational liaison for the new school shall contact
7the school last attended by the foster child to obtain all academic
8and other records. The last school attended by the foster child shall
9provide all required records to the new school regardless of any
10outstanding fees, fines, textbooks, or other items or moneys owed
11to the school last attended. The educational liaison for the school
12last attended shall provide all records to the new school within two
13business days of receiving the request.

14(9) If a dispute arises regarding the request of a foster child to
15remain in the school of origin, the foster child has the right to
16remain in the school of origin pending resolution of the dispute.
17The dispute shall be resolved in accordance with the existing
18dispute resolution process available to a pupil served by the local
19educational agency.

20(10) The local educational agency and the county placing agency
21are encouraged to collaborate to ensure maximum use of available
22federal moneys, explore public-private partnerships, and access
23any other funding sources to promote the well-being of foster
24children through educational stability.

25(11) It is the intent of the Legislature that this subdivision shall
26not supersede or exceed other laws governing special education
27services for eligible foster children.

28(f) For purposes of this section, “school of origin” means the
29school that the foster child attended when permanently housed or
30the school in which the foster child was last enrolled. If the school
31the foster child attended when permanently housed is different
32from the school in which the foster child was last enrolled, or if
33there is some other school that the foster child attended with which
34the foster child is connected and that the foster child attended
35within the immediately preceding 15 months, the educational
36liaison, in consultation with, and with the agreement of, the foster
37child and the person holding the right to make educational decisions
38for the foster child, shall determine, in the best interests of the
39foster child, the school that shall be deemed the school of origin.

P83   1(g) This section does not supersede other law governing the
2educational placements in juvenile court schools, as described in
3Section 48645.1, by the juvenile court under Section 602 of the
4Welfare and Institutions Code.

48900.  

A pupil shall not be suspended from school or
8recommended for expulsion, unless the superintendent of the school
9district or the principal of the school in which the pupil is enrolled
10determines that the pupil has committed an act as defined pursuant
11to any of subdivisions (a) to (r), inclusive:

12(a) (1) Caused, attempted to cause, or threatened to cause
13physical injury to another person.

14(2) Willfully used force or violence upon the person of another,
15except in self-defense.

16(b) Possessed, sold, or otherwise furnished a firearm, knife,
17explosive, or other dangerous object, unless, in the case of
18possession of an object of this type, the pupil had obtained written
19permission to possess the item from a certificated school employee,
20which is concurred in by the principal or the designee of the
21principal.

22(c) Unlawfully possessed, used, sold, or otherwise furnished,
23or been under the influence of, a controlled substance listed in
24Chapter 2 (commencing with Section 11053) of Division 10 of the
25Health and Safety Code, an alcoholic beverage, or an intoxicant
26of any kind.

27(d) Unlawfully offered, arranged, or negotiated to sell a
28controlled substance listed in Chapter 2 (commencing with Section
2911053) of Division 10 of the Health and Safety Code, an alcoholic
30beverage, or an intoxicant of any kind, and either sold, delivered,
31or otherwise furnished to a person another liquid, substance, or
32material and represented the liquid, substance, or material as a
33controlled substance, alcoholic beverage, or intoxicant.

34(e) Committed or attempted to commit robbery or extortion.

35(f) Caused or attempted to cause damage to school property or
36private property.

37(g) Stole or attempted to steal school property or private
38property.

39(h) Possessed or used tobacco, or products containing tobacco
40or nicotine products, including, but not limited to, cigarettes, cigars,
P84   1miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
2packets, and betel. However, this section does not prohibit use or
3possession by a pupil of his or her own prescription products.

4(i) Committed an obscene act or engaged in habitual profanity
5or vulgarity.

6(j) Unlawfully possessed or unlawfully offered, arranged, or
7negotiated to sell drug paraphernalia, as defined in Section 11014.5
8of the Health and Safety Code.

9(k) Disrupted school activities or otherwise willfully defied the
10valid authority of supervisors, teachers, administrators, school
11officials, or other school personnel engaged in the performance of
12their duties.

13(l) Knowingly received stolen school property or private
14property.

15(m) Possessed an imitation firearm. As used in this section,
16“imitation firearm” means a replica of a firearm that is so
17substantially similar in physical properties to an existing firearm
18as to lead a reasonable person to conclude that the replica is a
19firearm.

20(n) Committed or attempted to commit a sexual assault as
21defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal
22Code or committed a sexual battery as defined in Section 243.4
23of the Penal Code.

24(o) Harassed, threatened, or intimidated a pupil who is a
25complaining witness or a witness in a school disciplinary
26proceeding for purposes of either preventing that pupil from being
27a witness or retaliating against that pupil for being a witness, or
28both.

29(p) Unlawfully offered, arranged to sell, negotiated to sell, or
30sold the prescription drug Soma.

31(q) Engaged in, or attempted to engage in, hazing. For purposes
32of this subdivision, “hazing” means a method of initiation or
33preinitiation into a pupil organization or body, whether or not the
34pupil organization or body is officially recognized by an
35educational institution, which is likely to cause serious bodily
36injury or personal degradation or disgrace resulting in physical or
37mental harm to a former, current, or prospective pupil. For purposes
38of this subdivision, “hazing” does not include athletic events or
39school-sanctioned events.

P85   1(r) Engaged in an act of bullying. For purposes of this
2subdivision, the following terms have the following meanings:

3(1)  “Bullying” means any severe or pervasive physical or verbal
4act or conduct, including communications made in writing or by
5means of an electronic act, and including one or more acts
6committed by a pupil or group of pupils as defined in Section
748900.2, 48900.3, or 48900.4, directed toward one or more pupils
8that have or can be reasonably predicted to have the effect of one
9or more of the following:

10(A) Placing a reasonable pupil or pupils in fear of harm to that
11pupil’s or those pupils’ person or property.

12(B) Causing a reasonable pupil to experience a substantially
13detrimental effect on his or her physical or mental health.

14(C) Causing a reasonable pupil to experience substantial
15interference with his or her academic performance.

16(D) Causing a reasonable pupil to experience substantial
17interference with his or her ability to participate in or benefit from
18the services, activities, or privileges provided by a school.

19(2) (A) “Electronic act” means the transmission, by means of
20an electronic device, including, but not limited to, a telephone,
21wireless telephone, or other wireless communication device,
22computer, or pager, of a communication, including, but not limited
23to, any of the following:

24(i) A message, text, sound, or image.

25(ii) A post on a social network Internet Web site, including, but
26not limited to:

27(I) Posting to or creating a burn page. “Burn page” means an
28Internet Web site created for the purpose of having one or more
29of the effects listed in paragraph (1).

30(II) Creating a credible impersonation of another actual pupil
31for the purpose of having one or more of the effects listed in
32paragraph (1). “Credible impersonation” means to knowingly and
33without consent impersonate a pupil for the purpose of bullying
34the pupil and such that another pupil would reasonably believe, or
35has reasonably believed, that the pupil was or is the pupil who was
36impersonated.

37(III) Creating a false profile for the purpose of having one or
38more of the effects listed in paragraph (1). “False profile” means
39a profile of a fictitious pupil or a profile using the likeness or
P86   1attributes of an actual pupil other than the pupil who created the
2false profile.

3(B) Notwithstanding paragraph (1) and subparagraph (A), an
4electronic act shall not constitute pervasive conduct solely on the
5basis that it has been transmitted on the Internet or is currently
6posted on the Internet.

7(3) “Reasonable pupil” means a pupil, including, but not limited
8to, an exceptional needs pupil, who exercises average care, skill,
9and judgment in conduct for a person of his or her age, or for a
10person of his or her age with his or her exceptional needs.

11(s) A pupil shall not be suspended or expelled for any of the
12acts enumerated in this section unless the act is related to a school
13activity or school attendance occurring within a school under the
14jurisdiction of the superintendent of the school district or principal
15or occurring within any other school district. A pupil may be
16suspended or expelled for acts that are enumerated in this section
17and related to a school activity or school attendance that occur at
18any time, including, but not limited to, any of the following:

19(1) While on school grounds.

20(2) While going to or coming from school.

21(3) During the lunch period whether on or off the campus.

22(4) During, or while going to or coming from, a
23school-sponsored activity.

24(t) A pupil who aids or abets, as defined in Section 31 of the
25Penal Code, the infliction or attempted infliction of physical injury
26to another person may be subject to suspension, but not expulsion,
27pursuant to this section, except that a pupil who has been adjudged
28by a juvenile court to have committed, as an aider and abettor, a
29crime of physical violence in which the victim suffered great bodily
30injury or serious bodily injury shall be subject to discipline pursuant
31to subdivision (a).

32(u) As used in this section, “school property” includes, but is
33not limited to, electronic files and databases.

34(v) For a pupil subject to discipline under this section, a
35superintendent of the school district or principal may use his or
36her discretion to provide alternatives to suspension or expulsion
37that are age appropriate and designed to address and correct the
38pupil’s specific misbehavior as specified in Section 48900.5.

P87   1(w) It is the intent of the Legislature that alternatives to
2suspension or expulsion be imposed against a pupil who is truant,
3tardy, or otherwise absent from school activities.

48902.  

(a) The principal of a school or the principal’s designee
7shall, before the suspension or expulsion of any pupil, notify the
8appropriate law enforcement authorities of the county or city in
9which the school is situated, of any acts of the pupil that may
10violate Section 245 of the Penal Code.

11(b) The principal of a school or the principal’s designee shall,
12within one schoolday after suspension or expulsion of any pupil,
13notify, by telephone or any other appropriate method chosen by
14the school, the appropriate law enforcement authorities of the
15county or the school district in which the school is situated of any
16acts of the pupil that may violate subdivision (c) or (d) of Section
1748900.

18(c) Notwithstanding subdivision (b), the principal of a school
19or the principal’s designee shall notify the appropriate law
20enforcement authorities of the county or city in which the school
21is located of any acts of a pupil that may involve the possession
22or sale of narcotics or of a controlled substance or a violation of
23Section 626.9 or 626.10 of the Penal Code. The principal of a
24school or the principal’s designee shall report any act specified in
25paragraph (1) or (5) of subdivision (c) of Section 48915 committed
26by a pupil or nonpupil on a schoolsite to the city police or county
27sheriff with jurisdiction over the school and the school security
28department or the school police department, as applicable.

29(d) A principal, the principal’s designee, or any other person
30reporting a known or suspected act described in subdivision (a) or
31(b) is not civilly or criminally liable as a result of making any
32report authorized by this article unless it can be proven that a false
33report was made and that the person knew the report was false or
34the report was made with reckless disregard for the truth or falsity
35of the report.

36(e) The principal of a school or the principal’s designee reporting
37a criminal act committed by a schoolage individual with
38exceptional needs, as defined in Section 56026, shall ensure that
39copies of the special education and disciplinary records of the pupil
40are transmitted, as described in Section 1415(k)(6) of Title 20 of
P88   1the United States Code, for consideration by the appropriate
2authorities to whom he or she reports the criminal act. Any copies
3of the pupil’s special education and disciplinary records may be
4transmitted only to the extent permissible under the federal Family
5Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g
6et seq.).

48911.  

(a) The principal of the school, the principal’s designee,
10or the district superintendent of schools may suspend a pupil from
11the school for any of the reasons enumerated in Section 48900,
12and pursuant to Section 48900.5, for no more than five consecutive
13schooldays.

14(b) Suspension by the principal, the principal’s designee, or the
15district superintendent of schools shall be preceded by an informal
16conference conducted by the principal, the principal’s designee,
17or the district superintendent of schools between the pupil and,
18whenever practicable, the teacher, supervisor, or school employee
19who referred the pupil to the principal, the principal’s designee,
20or the district superintendent of schools. At the conference, the
21pupil shall be informed of the reason for the disciplinary action
22and the evidence against him or her, and shall be given the
23opportunity to present his or her version and evidence in his or her
24defense.

25(c) A principal, the principal’s designee, or the district
26superintendent of schools may suspend a pupil without affording
27the pupil an opportunity for a conference only if the principal, the
28principal’s designee, or the district superintendent of schools
29determines that an emergency situation exists. “Emergency
30situation,” as used in this article, means a situation determined by
31the principal, the principal’s designee, or the district superintendent
32of schools to constitute a clear and present danger to the life, safety,
33or health of pupils or school personnel. If a pupil is suspended
34without a conference before suspension, both the parent and the
35pupil shall be notified of the pupil’s right to a conference and the
36pupil’s right to return to school for the purpose of a conference.
37The conference shall be held within two schooldays, unless the
38pupil waives this right or is physically unable to attend for any
39reason, including, but not limited to, incarceration or
P89   1hospitalization. The conference shall then be held as soon as the
2pupil is physically able to return to school for the conference.

3(d) At the time of suspension, a school employee shall make a
4reasonable effort to contact the pupil’s parent or guardian in person
5or by telephone. If a pupil is suspended from school, the parent or
6guardian shall be notified in writing of the suspension.

7(e) A school employee shall report the suspension of the pupil,
8including the cause for the suspension, to the governing board of
9the school district or to the district superintendent of schools in
10accordance with the regulations of the governing board of the
11school district.

12(f) The parent or guardian of a pupil shall respond without delay
13to a request from school officials to attend a conference regarding
14his or her child’s behavior.

15No penalties shall be imposed on a pupil for failure of the pupil’s
16parent or guardian to attend a conference with school officials.
17Reinstatement of the suspended pupil shall not be contingent upon
18attendance by the pupil’s parent or guardian at the conference.

19(g) In a case where expulsion from a school or suspension for
20the balance of the semester from continuation school is being
21processed by the governing board of the school district, the district
22superintendent of schools or other person designated by the district
23superintendent of schools in writing may extend the suspension
24until the governing board of the school district has rendered a
25decision in the action. However, an extension may be granted only
26if the district superintendent of schools or the district
27superintendent’s designee has determined, following a meeting in
28which the pupil and the pupil’s parent or guardian are invited to
29participate, that the presence of the pupil at the school or in an
30alternative school placement would cause a danger to persons or
31property or a threat of disrupting the instructional process. If the
32pupil is a foster child, as defined in Section 48853.5, the district
33superintendent of schools or the district superintendent’s designee,
34including, but not limited to, the educational liaison for the school
35district, shall also invite the pupil’s attorney and an appropriate
36representative of the county child welfare agency to participate in
37the meeting. If the pupil or the pupil’s parent or guardian has
38requested a meeting to challenge the original suspension pursuant
39to Section 48914, the purpose of the meeting shall be to decide
40upon the extension of the suspension order under this section and
P90   1 may be held in conjunction with the initial meeting on the merits
2of the suspension.

3(h) For purposes of this section, a “principal’s designee” is one
4or more administrators at the schoolsite specifically designated by
5the principal, in writing, to assist with disciplinary procedures.

6In the event that there is not an administrator in addition to the
7principal at the schoolsite, a certificated person at the schoolsite
8may be specifically designated by the principal, in writing, as a
9“principal’s designee,” to assist with disciplinary procedures. The
10principal may designate only one person at a time as the principal’s
11primary designee for the school year.

12An additional person meeting the requirements of this
13subdivision may be designated by the principal, in writing, to act
14for purposes of this article when both the principal and the
15principal’s primary designee are absent from the schoolsite. The
16name of the person, and the names of any person or persons
17designated as “principal’s designee,” shall be on file in the
18principal’s office.

19This section is not an exception to, nor does it place any
20limitation on, Section 48903.

49076.  

(a) A school district shall not permit access to pupil
24records to a person without written parental consent or under
25judicial order except as set forth in this section and as permitted
26by Part 99 (commencing with Section 99.1) of Title 34 of the Code
27of Federal Regulations.

28(1) Access to those particular records relevant to the legitimate
29educational interests of the requester shall be permitted to the
30following:

31(A) School officials and employees of the school district,
32members of a school attendance review board appointed pursuant
33to Section 48321 who are authorized representatives of the school
34district, and any volunteer aide, 18 years of age or older, who has
35been investigated, selected, and trained by a school attendance
36review board for the purpose of providing followup services to
37pupils referred to the school attendance review board, provided
38that the person has a legitimate educational interest to inspect a
39record.

P91   1(B) Officials and employees of other public schools or school
2systems, including local, county, or state correctional facilities
3where educational programs leading to high school graduation are
4provided or where the pupil intends to or is directed to enroll,
5subject to the rights of parents as provided in Section 49068.

6(C) Authorized representatives of the Comptroller General of
7the United States, the Secretary of Education, and state and local
8educational authorities, or the United States Department of
9Education’s Office for Civil Rights, if the information is necessary
10to audit or evaluate a state or federally supported education
11program, or in connection with the enforcement of, or compliance
12with, the federal legal requirements that relate to such a program.
13Records released pursuant to this subparagraph shall comply with
14the requirements of Section 99.35 of Title 34 of the Code of Federal
15Regulations.

16(D) Other state and local officials to the extent that information
17is specifically required to be reported pursuant to state law adopted
18before November 19, 1974.

19(E) Parents of a pupil 18 years of age or older who is a
20dependent as defined in Section 152 of Title 26 of the United States
21Code.

22(F) A pupil 16 years of age or older or having completed the
2310th grade who requests access.

24(G) A district attorney who is participating in or conducting a
25truancy mediation program pursuant to Section 48263.5, or Section
26601.3 of the Welfare and Institutions Code, or participating in the
27presentation of evidence in a truancy petition pursuant to Section
28681 of the Welfare and Institutions Code.

29(H) A district attorney’s office for consideration against a parent
30or guardian for failure to comply with the Compulsory Education
31Law (Chapter 2 (commencing with Section 48200)) or with
32Compulsory Continuation Education (Chapter 3 (commencing
33with Section 48400)).

34(I) (i) A probation officer, district attorney, or counsel of record
35for a minor for purposes of conducting a criminal investigation or
36an investigation in regards to declaring a person a ward of the court
37or involving a violation of a condition of probation.

38(ii) For purposes of this subparagraph, a probation officer,
39district attorney, and counsel of record for a minor shall be deemed
P92   1to be local officials for purposes of Section 99.31(a)(5)(i) of Title
234 of the Code of Federal Regulations.

3(iii) Pupil records obtained pursuant to this subparagraph shall
4be subject to the evidentiary rules described in Section 701 of the
5Welfare and Institutions Code.

6(J) A judge or probation officer for the purpose of conducting
7a truancy mediation program for a pupil, or for purposes of
8presenting evidence in a truancy petition pursuant to Section 681
9of the Welfare and Institutions Code. The judge or probation officer
10shall certify in writing to the school district that the information
11will be used only for truancy purposes. A school district releasing
12pupil information to a judge or probation officer pursuant to this
13subparagraph shall inform, or provide written notification to, the
14parent or guardian of the pupil within 24 hours of the release of
15the information.

16(K) A county placing agency when acting as an authorized
17representative of a state or local educational agency pursuant to
18subparagraph (C). School districts, county offices of education,
19and county placing agencies may develop cooperative agreements
20to facilitate confidential access to and exchange of the pupil
21information by email, facsimile, electronic format, or other secure
22means, provided the agreement complies with the requirements
23set forth in Section 99.35 of Title 34 of the Code of Federal
24Regulations.

25(2) School districts may release information from pupil records
26to the following:

27(A) Appropriate persons in connection with an emergency if
28the knowledge of the information is necessary to protect the health
29or safety of a pupil or other persons. Schools or school districts
30releasing information pursuant to this subparagraph shall comply
31with the requirements set forth in Section 99.31(a)(5) of Title 34
32of the Code of Federal Regulations.

33(B) Agencies or organizations in connection with the application
34of a pupil for, or receipt of, financial aid. However, information
35permitting the personal identification of a pupil or his or her parents
36may be disclosed only as may be necessary for purposes as to
37determine the eligibility of the pupil for financial aid, to determine
38the amount of the financial aid, to determine the conditions which
39will be imposed regarding the financial aid, or to enforce the terms
40or conditions of the financial aid.

P93   1(C) Pursuant to Section 99.37 of Title 34 of the Code of Federal
2Regulations, a county elections official, for the purpose of
3identifying pupils eligible to register to vote, or for conducting
4programs to offer pupils an opportunity to register to vote. The
5information shall not be used for any other purpose or given or
6transferred to any other person or agency.

7(D) Accrediting associations in order to carry out their
8accrediting functions.

9(E) Organizations conducting studies for, or on behalf of,
10educational agencies or institutions for the purpose of developing,
11validating, or administering predictive tests, administering student
12aid programs, and improving instruction, if the studies are
13conducted in a manner that will not permit the personal
14identification of pupils or their parents by persons other than
15representatives of the organizations, the information will be
16destroyed when no longer needed for the purpose for which it is
17obtained, and the organization enters into a written agreement with
18the educational agency or institution that complies with Section
1999.31(a)(6) of Title 34 of the Code of Federal Regulations.

20(F) Officials and employees of private schools or school systems
21where the pupil is enrolled or intends to enroll, subject to the rights
22of parents as provided in Section 49068 and in compliance with
23the requirements in Section 99.34 of Title 34 of the Code of Federal
24Regulations. This information shall be in addition to the pupil’s
25permanent record transferred pursuant to Section 49068.

26(G) (i) A contractor or consultant with a legitimate educational
27interest who has a formal written agreement or contract with the
28school district regarding the provision of outsourced institutional
29services or functions by the contractor or consultant.

30(ii) Notwithstanding Section 99.31(a)(1)(i)(B) of Title 34 of the
31Code of Federal Regulations, a disclosure pursuant to this
32subparagraph shall not be permitted to a volunteer or other party.

33(3) A person, persons, agency, or organization permitted access
34to pupil records pursuant to this section shall not permit access to
35any information obtained from those records by another person,
36persons, agency, or organization, except for allowable exceptions
37contained within the federal Family Educational Rights and Privacy
38Act of 2001 (20 U.S.C. Sec. 1232g) and state law, without the
39written consent of the pupil’s parent. This paragraph does not
40require prior parental consent when information obtained pursuant
P94   1to this section is shared with other persons within the educational
2institution, agency, or organization obtaining access, so long as
3those persons have a legitimate educational interest in the
4information pursuant to Section 99.31(a)(1) of Title 34 of the Code
5of Federal Regulations.

6(4) Notwithstanding any other provision of law, a school district,
7including a county office of education or county superintendent
8of schools, may participate in an interagency data information
9system that permits access to a computerized database system
10within and between governmental agencies or school districts as
11to information or records that are nonprivileged, and where release
12is authorized as to the requesting agency under state or federal law
13or regulation, if each of the following requirements are met:

14(A) Each agency and school district shall develop security
15procedures or devices by which unauthorized personnel cannot
16access data contained in the system.

17(B) Each agency and school district shall develop procedures
18or devices to secure privileged or confidential data from
19unauthorized disclosure.

20(C) Each school district shall comply with the access log
21requirements of Section 49064.

22(D) The right of access granted shall not include the right to
23add, delete, or alter data without the written permission of the
24agency holding the data.

25(E) An agency or school district shall not make public or
26otherwise release information on an individual contained in the
27database if the information is protected from disclosure or release
28as to the requesting agency by state or federal law or regulation.

29(b) The officials and authorities to whom pupil records are
30disclosed pursuant to subdivision (e) of Section 48902 and
31subparagraph (I) of paragraph (1) of subdivision (a) shall certify
32in writing to the disclosing school district that the information
33shall not be disclosed to another party, except as provided under
34the federal Family Educational Rights and Privacy Act of 2001
35(20 U.S.C. Sec. 1232g) and state law, without the prior written
36consent of the parent of the pupil or the person identified as the
37holder of the pupil’s educational rights.

38(c) (1) Any person or party who is not permitted access to pupil
39records pursuant to subdivision (a) or (b) may request access to
40pupil records as provided for in paragraph (2).

P95   1(2) A local educational agency or other person or party who has
2received pupil records, or information from pupil records, may
3release the records or information to a person or party identified
4in paragraph (1) without the consent of the pupil’s parent or
5guardian pursuant to Section 99.31(b) of Title 34 of the Code of
6Federal Regulations, if the records or information are deidentified,
7which requires the removal of all personally identifiable
8 information, provided that the disclosing local educational agency
9or other person or party has made a reasonable determination that
10a pupil’s identity is not personally identifiable, whether through
11single or multiple releases, and has taken into account other
12pertinent reasonably available information.

49548.  

(a) The state board, in order to effect compliance with
16legislative findings expressed in Section 49547, shall restrict the
17criteria for the issuance of waivers from the requirements of Section
1849550 to feed children during a summer school session. A waiver
19shall be granted for a period not to exceed one year if either of the
20following conditions exists:

21(1) (A) A summer school session serving pupils enrolled in
22elementary school, as defined in clause (iii), shall be granted a
23waiver if a Summer Food Service Program for Children site is
24available within one-half mile of the schoolsite and either of the
25following conditions exists:

26(i) The hours of operation of the Summer Food Service Program
27for Children site commence no later than one-half hour after the
28completion of the summer school session day.

29(ii) The hours of operation of the Summer Food Service Program
30for Children site conclude no earlier than one hour after the
31completion of the summer school session day.

32(iii) For purposes of this subdivision, “elementary school” means
33a public school that maintains kindergarten or any of grades 1 to
348, inclusive.

35(B) A summer school session serving pupils enrolled in middle
36school, junior high school, or high school shall be granted a waiver
37if a Summer Food Service Program for Children site is available
38within one mile of the schoolsite and either of the following
39conditions exists:

P96   1(i) The hours of operation of the Summer Food Service Program
2for Children site commence no later than one-half hour after the
3completion of the summer school session day.

4(ii) The hours of operation of the Summer Food Service Program
5for Children site conclude no earlier than one hour after the
6completion of the summer school session day.

7(2) (A) Serving meals during the summer school session would
8result in a financial loss to the school district, documented in a
9financial analysis performed by the school district, in an amount
10equal to one-third of net cash resources, as defined in Section 210.2
11of Part 210 of Title 7 of the Code of Federal Regulations, which,
12for purposes of this article, shall exclude funds that are
13encumbered. If there are no net cash resources, an amount equal
14to the operating costs of one month as averaged over the summer
15school sessions.

16(B) The financial analysis required by subparagraph (A) shall
17include a projection of future meal program participation based
18on either of the following:

19(i) Commencement of a meal service period after the
20commencement of the summer school session day and conclusion
21of a meal service period before the completion of the summer
22school session day.

23(ii) Operation of a schoolsite as an open Summer Seamless
24Option or a Summer Food Service Program for Children site, and
25providing adequate notification thereof, including flyers and
26banners, in order to fulfill community needs under the Summer
27Food Service Program for Children (7 C.F.R. 225.14(d)(3)).

28(3) The entire summer school day is two hours or less in
29duration.

30(b) The state board and the Superintendent shall provide
31leadership to encourage and support schools and public agencies
32to participate in the Summer Food Service Program for Children,
33consistent with the intent of Section 49504.

34(c) An application for a waiver shall be submitted no later than
3560 days before the last regular meeting of the state board before
36the commencement of the summer school session for which the
37waiver is sought.

52052.  

(a) (1) The Superintendent, with approval of the state
2board, shall develop an Academic Performance Index (API) to
3measure the performance of schools, especially the academic
4performance of pupils.

5(2) A school shall demonstrate comparable improvement in
6academic achievement as measured by the API by all numerically
7significant pupil subgroups at the school, including:

8(A) Ethnic subgroups.

9(B) Socioeconomically disadvantaged pupils.

10(C) English learners.

11(D) Pupils with disabilities.

12(3) (A) For purposes of this section, a numerically significant
13pupil subgroup is one that meets both of the following criteria:

14(i) The subgroup consists of at least 50 pupils, each of whom
15has a valid test score.

16(ii) The subgroup constitutes at least 15 percent of the total
17population of pupils at a school who have valid test scores.

18(B) If a subgroup does not constitute 15 percent of the total
19population of pupils at a school who have valid test scores, the
20subgroup may constitute a numerically significant pupil subgroup
21if it has at least 100 valid test scores.

22(C) For a school with an API score that is based on no fewer
23than 11 and no more than 99 pupils with valid test scores,
24numerically significant pupil subgroups shall be defined by the
25Superintendent, with approval by the state board.

26(4) (A) The API shall consist of a variety of indicators currently
27reported to the department, including, but not limited to, the results
28of the achievement test administered pursuant to Section 60640,
29attendance rates for pupils in elementary schools, middle schools,
30and secondary schools, and the graduation rates for pupils in
31secondary schools.

32(B) The Superintendent, with the approval of the state board,
33may also incorporate into the API the rates at which pupils
34successfully promote from one grade to the next in middle school
35and high school, and successfully matriculate from middle school
36to high school.

37(C) Graduation rates for pupils in secondary schools shall be
38 calculated for the API as follows:

39(i) Four-year graduation rates shall be calculated by taking the
40number of pupils who graduated on time for the current school
P98   1year, which is considered to be three school years after the pupils
2entered grade 9 for the first time, and dividing that number by the
3total calculated in clause (ii).

4(ii) The number of pupils entering grade 9 for the first time in
5the school year three school years before the current school year,
6plus the number of pupils who transferred into the class graduating
7at the end of the current school year between the school year that
8was three school years before the current school year and the date
9of graduation, less the number of pupils who transferred out of the
10school between the school year that was three school years before
11the current school year and the date of graduation who were
12members of the class that is graduating at the end of the current
13school year.

14(iii) Five-year graduation rates shall be calculated by taking the
15number of pupils who graduated on time for the current school
16year, which is considered to be four school years after the pupils
17entered grade 9 for the first time, and dividing that number by the
18total calculated in clause (iv).

19(iv) The number of pupils entering grade 9 for the first time in
20the school year four years before the current school year, plus the
21number of pupils who transferred into the class graduating at the
22end of the current school year between the school year that was
23four school years before the current school year and the date of
24graduation, less the number of pupils who transferred out of the
25school between the school year that was four years before the
26current school year and the date of graduation who were members
27of the class that is graduating at the end of the current school year.

28(v) Six-year graduation rates shall be calculated by taking the
29number of pupils who graduated on time for the current school
30year, which is considered to be five school years after the pupils
31entered grade 9 for the first time, and dividing that number by the
32total calculated in clause (vi).

33(vi) The number of pupils entering grade 9 for the first time in
34the school year five years before the current school year, plus the
35number of pupils who transferred into the class graduating at the
36end of the current school year between the school year that was
37five school years before the current school year and the date of
38graduation, less the number of pupils who transferred out of the
39school between the school year that was five years before the
P99   1current school year and the date of graduation who were members
2of the class that is graduating at the end of the current school year.

3(D) The inclusion of five- and six-year graduation rates for
4pupils in secondary schools shall meet the following requirements:

5(i) Schools shall be granted one-half the credit in their API
6scores for graduating pupils in five years that they are granted for
7graduating pupils in four years.

8(ii) Schools shall be granted one-quarter the credit in their API
9scores for graduating pupils in six years that they are granted for
10graduating pupils in four years.

11(iii) Notwithstanding clauses (i) and (ii), schools shall be granted
12full credit in their API scores for graduating in five or six years a
13pupil with disabilities who graduates in accordance with his or her
14individualized education program.

15(E) The pupil data collected for the API that comes from the
16achievement test administered pursuant to Section 60640 and the
17high school exit examination administered pursuant to Section
1860851, when fully implemented, shall be disaggregated by special
19education status, English learners, socioeconomic status, gender,
20and ethnic group. Only the test scores of pupils who were counted
21as part of the enrollment in the annual data collection of the
22California Basic Educational Data System for the current fiscal
23year and who were continuously enrolled during that year may be
24included in the test result reports in the API score of the school.

25(F) (i) Commencing with the baseline API calculation in 2016,
26and for each year thereafter, results of the achievement test and
27other tests specified in subdivision (b) shall constitute no more
28than 60 percent of the value of the index for secondary schools.

29(ii)  In addition to the elements required by this paragraph, the
30Superintendent, with approval of the state board, may incorporate
31into the index for secondary schools valid, reliable, and stable
32measures of pupil preparedness for postsecondary education and
33career.

34(G) Results of the achievement test and other tests specified in
35subdivision (b) shall constitute at least 60 percent of the value of
36the index for primary schools and middle schools.