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.
