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Cal-SAFE Legal References

Statutes and regulations pertaining to the California School Age Families Education (Cal-SAFE) Program.

Information on statutes and regulations provided in this document is current at time of publication but can be changed by subsequent legislation. Links to current California codes and regulations are provided under Resources.

Statutes

A "statute," the law that authorizes the program and establishes the parameters for implementation, is referred to by a code section number. The Cal-SAFE Program must be in compliance with specific Cal-SAFE Program statutes but also relevant statutes in other state and federal codes. Other California code sections with which program staff should be familiar are found in the California Civil Code, California Government Code, California Health and Safety Code, California Penal Code, California Welfare and Institutions Code. To assist users of this document, relevant statutes in the California Education Code are organized in Tables 1-4 by subject matter listing the code section and topic. Other code sections are identified in Table 5 by code name, section number, and topic.  

Table 1:  Education Code Sections - Cal-SAFE Program

Code Section Topic

2551.3

County offices of education using previous Pregnant Minor Program (PMP) base revenue limit to fund Cal-SAFE Program

54741

Legislative findings on teen pregnancy and parenting           

54742

Program goals

54743

Definitions

54744

County service coordination plan   

54745

Requirements for agency participation

54746

Intake procedure, student support services, and child care services

54747

Eligibility requirements

54748

Duties of the California Department of Education

54749

Funding

54749.5

County offices of education using previous Pregnant Minor Program (PMP) base revenue limit

Table 2: Selected Education Code Sections - Child Care

These code sections apply to serving all children enrolled in subsidized child care, including those enrolled in the Cal-SAFE Program.

Code Section Topic

8208

Child care definitions pertaining to funding

8265

Standards and assigned reimbursement rates

8265.5

Adjustment factors for funding based upon children meeting specified criteria

8266.1

Reimbursement factors for child care and development programs

8271

Inability of agency to operate

8275

Reimbursement for start-up costs

8278.3

Eligibility for Child Care Facilities Revolving Fund

8360

Program staff qualifications

8494

Loan for renovation/repair of child care facilities

8499.5

Definition of the local child care and development planning council

49451

Exemption from health screening for children

Table 3: Selected Education Code Sections - Curricula

These code sections relate to elements of the Cal-SAFE Program curricula and are applicable to all students including those who are expectant and/or parenting.

Code Section Topic

221.5

Prohibition of discrimination in academic program on basis of sex

8850.5

Family relationships and parenting education content

51202

Required instruction in person/public health and safety

51220.5

Required parenting education in grades 7-8

51933

Comprehensive sexual health education: content

51934

Required HIV/AIDS prevention education in grades 7-12

51935

Comprehensive sexual health education: in-service training

51936

Comprehensive sexual health education: outside consultants

51937-39

Comprehensive sexual health education: parental notification, parental rights to withdraw pupil from class and review instructional materials; and guidelines for using tests, questionnaires, and surveys about the pupil's attitudes concerning or practices relating to sex

56026

Special education individualized education plan (IEP)

Table 4: Selected Education Code Sections - Program Implementation

These statutes apply to all schools enrolling expectant/parenting students.

Code Section Topic

200

Student and child right to equal rights and opportunity in school without discrimination

230

Prohibition of discrimination in school practices on the basis of sex

231.5

Written policy on sexual harassment

17293

Leasing of school facilities

41341

Apportionment adjustment for school districts and community colleges

48204 (d)

Pupil's school residency established by living with a non-relative caregiver

48205

Student absence due to illness or medical appointment of her/his child (excused for truancy purpose and student is allowed to complete all assignments/tests missed during the absence)

49061 (b)

Custodial parent's absolute right to minor's school records

49075

Written parental consent for release of information in child's record (adult parent responsible for minor expectant/parenting teen and student parent responsible for her/his child)

49510-20

Legislative intent that students from families receiving public assistance are entitled to a supplemental food program while they attend school

49553

Nutritional supplements for pregnant/lactating students

49600

Educational counseling services and program to be provided by credentialed school counselors

49602

Student's confidentiality rights

49069

Availability of Cal-SAFE student record materials to parents and parent has a right to copy of information contained therein

51745 (b)

Pregnant, parenting students are not counted within the ten percent cap on independent study

52610.5

Minor pregnant/parenting students enrollment in adult education

Table 5: Other Selected California Code Sections

These code sections relate to providing services that Cal-SAFE Program students and children may be receiving but are also applicable to other populations.

Code Title Code Section Topic

Civil Code

1798.24

Prohibition for identifying information being made available to the public

Family Code

6920-6929

Minor's confidential medical care

Family Code

7050

Emancipated minor definition and rights

Family Code

7570-7577

Establishment of paternity

Family Code

8700

Minor parents right to place child for adoption

Government Code

11135

Right of student and child to equal rights and opportunity in school without discrimination

Health and Safety Code

1596.857

Right of parent to visit the child care facility without advance notice at any time the child is receiving care

Health and Safety Code

104460

Schools receiving Tobacco Use and Prevention Education (TUPE) funds must serve pregnant and parenting students

Health and Safety Code

120365

Exemption from immunization

Health and Safety Code

124175

Adolescent Family Life Program (AFLP) case managers

Health and Safety Code

1596.792 (i)

License exemption for school-operated child care serving only the child(ren) of teen parents

Penal Code

261.5

Definition of unlawful sexual intercourse (statutory rape)

Penal Code

11165.7

School personnel who are mandated child abuse reporters

Welfare and Institutions Code

11331-11332.5

Definition of Cal-Learn Program and case managers

Regulations

Regulations are promulgated when a statute requires them to be developed. State agency staff develops the regulations based upon statute, conduct public hearings, make necessary changes based upon public input, and submit draft regulations to the Office of Administrative Law. This agency reviews the regulations to ensure there is a legal authority for the components of the regulations. Once approved, the adopted regulations become the guidelines for implementation of the program.

Statute directs the Cal-SAFE child care sites to be in compliance with health and safety requirements of Title 22 of the California Code of Regulations (EC § 54746 (c) (5)). These regulations are listed in Table 6.

Table 6: Title 22 Regulations for the Cal-SAFE Program

These selected Title 22 regulations apply to the Cal-SAFE Program.

Regulation Section Topic

101212

Reporting requirements: list of reportable communicable diseases

101221

Immunizations required for enrollment and continued service

101224

Working telephone requirement

101226

Health related services:   procedures/documentation in case of injury or illness

101226.1

Daily inspection for illness

101226.2

Isolation for illness

101227

Food service and menu requirements

101229

Responsibility for providing care and supervision

101229.1

Sign-in and sign-out with full legal signature

101230

Activities/napping requirements

101231

Smoking prohibited on the premises

101238

Child care center is clean, safe, sanitary and in good repair.   Includes information about water supply and storage.

101238.2

Outdoor activity space

101238.3

Indoor activity space

101238.4

Storage space

101238.5

Wading pools

101239

Fixtures, furniture, equipment, and supplies

101239.1

Napping equipment

10239.2

Drinking water

101419.2

Infant needs and services plan

101419.3

Modifications to infant needs and services plan

101425

Infant care transportation

101426.2

Infant care isolation for illness

101427

Infant care food service: guidelines for providing infant food

101428

Infant care personal services: a written toilet training plan developed for those being toilet trained, care of soiled diapers and potty chairs

101429

Responsibility for providing care and supervision for infants

101438.1

General sanitation in an infant center

101438.2

Outdoor activity space for infants

101438.3

Indoor activity space for infants

101439

Infant center fixtures, furniture, equipment, and supplies

101439.1

Infant center napping equipment

Local Policies

In addition to state and federal laws and regulations, the local school district or county office of education may also have policies that affect students and children participating in the Cal-SAFE Program. These policies are important to know as they may affect how the program is implemented and how the funding is used. For example, the local educational agency may have a policy that bus transportation is not provided to high school students living within a mile of the school they attend. This could be a barrier for expectant and parenting students to attend school. The result is that for those students without transportation, the program coordinator would need to negotiate an exception for Cal-SAFE students or use Cal-SAFE Program funding to provide necessary transportation. Local policies and procedures will enable the Cal-SAFE Program staff to know the "rules" for other issues, such as school personnel transporting students to appointments.

Questions: Nancy Christophel | nchristo@cde.ca.gov | 916-319-0541 
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