§ 1370. Education Program.

(a) School Programs

The County Board of Education shall provide for the administration and operation of juvenile court schools in conjunction with the Chief Probation Officer, or designee. The school and facility administrators shall develop and implement written policy and procedures to ensure communication and coordination between educators and probation staff. The facility administrator shall request an annual review of each required element of the program by the Superintendent of Schools, and a report or review checklist on compliance, deficiencies, and corrective action needed to achieve compliance with this section. Such a review, when conducted, cannot be delegated to the principal or any other staff of any juvenile court school site. At the discretion of the Superintendent of Schools, this review may be conducted by a qualified outside agency or individual. Upon receipt of the review, the facility administrator or designee shall review each item with the Superintendent of Schools and shall take whatever corrective action is necessary to address each deficiency and to fully protect the educational interests of all youth in the facility.

(b) Required Elements

The facility school program shall comply with the State Education Code and County Board of Education policies, all applicable federal education statutes and regulations and provide for an annual evaluation of the educational program offerings. Youth shall be provided a quality educational program that includes instructional strategies designed to respond to the different learning styles and abilities of students.

(1) The course of study shall comply with the State Education Code and include, but not be limited to, the following:

(A) English/Language Arts;

(B) Social Sciences;

(C) Physical Education;

(D) Science;

(E) Health;

(F) Mathematics;

(G) Fine Arts/Foreign Language; and,

(H) Electives (including career education).

(2) General Education Development (GED) preparation shall be made available to eligible youth.

(3) Supplemental instruction shall be afforded to youth who do not demonstrate sufficient progress towards passing the California High School Exit Exam (CAHSEE) as set forth in the Education Code.

(4) The minimum school day shall be consistent with State Education Code Requirements for juvenile court schools. The facility administrator, in conjunction with education staff, must ensure that the procedures to deliver youth to their educational program do not interfere with the time afforded for the minimum instructional day.

(c) School Discipline

(1) The educational program shall be integrated into the facility's overall behavioral management plan and security system.

(2) School staff shall be advised of administrative decisions made by probation staff that may affect the educational programming of students.

(3) Expulsion/suspension from school shall follow the appropriate due process safeguards as set forth in the State Education Code including the rights of students with special needs.

(4) The facility administrator, in conjunction with education staff will develop policies and procedures that address the rights of any student who has continuing difficulty completing a school day.

(d) Provisions for Individuals with Special Needs

(1) Educational instruction shall be provided to youth restricted to high security or other special units.

(2) State and federal laws shall be observed for individuals with special education needs.

(3) Youth identified as limited English proficient (LEP)/ English Learners (EL) shall be afforded an educational program that addresses their language needs pursuant to all applicable state and federal laws and regulations governing programs for LEP students.

(e) Educational Screening and Admission

(1) Youth shall be interviewed after admittance and a written record prepared that documents a youth's educational history, including but not limited to:

(A) school progress/school history;

(B) Home Language Survey and California English Language Development Test (CELDT) results to determine whether the youth is LEP/EL, fluent English proficient (FEP) as defined by the Education Code;

(D) Migrant status as defined by the Education Code;

(E) special needs, including special education eligibility when appropriate; and,

(F) discipline problems.

(2) Youth will be enrolled in school as soon as possible, but not to exceed three school days after admission to the facility. Educational staff shall conduct an assessment to determine the youth's general academic functioning levels to enable placement in core curriculum courses.

(3) After admission to the facility, a preliminary education plan shall be developed for each youth within five school days.

(4) If a youth is detained, the education staff shall immediately request the youth's records from his/her prior school(s), including, but not limited to, transcripts, Individual Education Program (IEP), 504 Plan, CELDT scores, CAHSEE results, immunization records and exit grades. Upon receipt of the transcripts, the youth's educational plan shall be reviewed and modified as needed.

(f) Educational Reporting

(1) The complete facility educational record of the youth shall be forwarded to the next educational placement in accordance with the State Education Code.

(2) The County Superintendent of Schools shall provide appropriate credit (full or partial) for course work completed while in juvenile court school.

HISTORY

1. New article 6 (sections 1370-1377) and section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).

2. Amendment of section heading and section filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).

3. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).

4. Amendment of subsections (a), (b)(1), (b)(3) and (f)(1)-(2) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).

5. Amendment of section and Note filed 12-2-2013; operative 4-1-2014 (Register 2013, No. 49).

Note

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 209, Welfare and Institutions Code.