California Code of Regulations, Title 5

Partial collection: 10 complete publisher documents are included. The complete current publisher inventory has not been verified. Cornell Legal Information Institute edition captured on 2026-10-02. This collection includes complete rule documents. Remaining Cornell documents and the current designated Westlaw edition are not verified.

Division 1 California Department of Education

Chapter 1 General Provisions

Subchapter 1 Citation and Definitions

Cal. Code Regs. Tit. 5, § 2 Definitions

Throughout Division 1 of this title, unless otherwise indicated by the context:

(a) "County superintendent" means the county superintendent of schools having jurisdiction.

(b) "Department or CDE" means the California Department of Education.

(c) "Governing board" means the governing board of a school district maintaining any grade K-12.

(d) "Grade" includes kindergarten, unless otherwise specified.

(e) "High school" includes junior high school, four year high school, senior high school, and continuation high school unless a contrary intention appears, but excludes evening high schools, called "adult schools" in this title.

(1) "Four year high schools" are organized to include grades 9, 10, 11, and 12.

(2) "Junior high schools" are organized to include grades seven and eight; grades seven, eight, and nine; or grades seven, eight, nine, and ten.

(3) "Senior high schools" are organized to include grades 10, 11, and 12; or grades 11 and 12.

(f) "K-12" means kindergarten and grades 1 through 12.

(g) "Pupil" means a person enrolled in any grade K-12, in an ungraded class, or individual instruction.

(h) "Regular day class" means a class maintained during the regular school day, as fixed by the governing board of the school district. Classes in special day and evening and summer schools, juvenile hall schools, remedial classes, and classes for the physically handicapped, mentally retarded, severely mentally retarded, educationally handicapped, and mentally gifted are not regular day classes.

(i) "Regular full-time day school" means a school maintained by a school district during the day, as distinguished from evening or night, for not less than 175 days during the fiscal year and for not less than the minimum school day established by or pursuant to law.

(j) "School" means a public school maintained for a grade or grades, K-12.

(k) "Section" means a section of this code, unless some other code or statute is expressly mentioned.

(l) "State Board or SBE" means the State Board of Education.

History

• 1. Amendment of subsection (f) filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
• 2. Change without regulatory effect amending first paragraph and subsections (b) and (l) filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).

Subchapter 4 Affirmative Action Employment Programs

Cal. Code Regs. Tit. 5, § 30 Statement of Policy

It continues to be the policy of the State Board of Education (SBE) to provide equal opportunity in employment for all persons and to promote the total realization of equal employment opportunity through a continuing affirmative action employment program. It is the intention of the SBE to implement that policy and to implement sections 44100 through 44105 of the Education Code as added by Chapter 1090 of the Statutes of 1977 (S.B. 179).

Note: Authority cited: Chapter 4 (Sections 30 and 31); Article 4 (Sections 44100-44105) of Chapter 1, Part 25, Division 3, Education Code.

History

• 1. Repealer of Chapter 4 (Sections 30-36) and new Chapter 4 (Sections 30 and 31) filed 5-17-78; effective thirtieth day thereafter (Register 78, No. 20). For prior history, see Registers 77, No. 39; 75, No. 39; 74, No. 16.
• 2. Change without regulatory effect amending section filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).

Cal. Code Regs. Tit. 5, § 31 Development and Implementation of Programs

Each public education agency will develop and implement an affirmative action employment program for all operating units and at all levels of responsibility within its jurisdiction.

Subchapter 5 Public Records

Cal. Code Regs. Tit. 5, § 50 Access to Public Records of the California Department of Education

(a) Inspection of the original copy of any public record of the California Department of Education (CDE) (as defined by Government Code sections 6252(d) and 6254) will be permitted during regular office hours of the CDE, 1430 N Street, Sacramento, California 95814.

(b) Requests to inspect such records should be filed with the Chief Deputy Superintendent of Public Instruction at least five working days prior to the requested inspection date in order to insure availability.

(c) Requests for inspection should be as specific as possible in identifying the records desired.

(d) Original copies of public records shall not be removed from the office of the custodian thereof.

(e) If search by a state employee for the records requested, inspection of the public record will be subject to the payment of the fees required by section 18473 of this title.

Note: Authority cited: Section 33031, Education Code; and Section 6253, Government Code. Reference: Section 6253, Government Code.

History

• 1. New Chapter 5 (§§ 50-51) filed 1-23-76; effective thirtieth day thereafter (Register 76, No. 4).
• 2. Amendment of NOTE filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
• 3. Amendment of NOTE filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
• 4. Change without regulatory effect amending section heading, subsections (a) and (e) and NOTE filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).

Cal. Code Regs. Tit. 5, § 51 Obtaining Copies of Public Records

Copies of public records may be obtained from the custodian thereof through the procedure provided in Section 18471.

Note: Authority cited: Section 33031(a), Education Code; and Section 6253(a), Government Code. Reference: Sections 6253(a), 6256 and 6257, Government Code.

History

• 1. Amendment of NOTE filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).

Subchapter 6 California Department of Education-Conflict of Interest Code

Cal. Code Regs. Tit. 5, § 70 General Provisions

The Political Reform Act, Government Code sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission (FPPC) has adopted a regulation, 2 Cal. Code of Regulations section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the FPPC to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Regulations section 18730 and any amendments to it duly adopted by the FPPC, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the California Department of Education (CDE), except as provided below.

Designated employees shall file statements of economic interests with the agency. The statement of economic interest for the State Superintendent of Public Instruction shall be filed electronically with the FPPC.

EXCEPTION: As provided in 2 Cal. Code of Regulations section 18730(b)(1), the definitions contained in the Political Reform Act of 1974 shall apply to the terms used in this Code except that neither the term "investment" nor the term "business entity" shall operate to exclude any private school in California, whether or not such school is operated for profit.

Note: Authority cited: Sections 87300 and 87304, Government Code. Reference: Sections 87300, et seq., Government Code.

History

• 1. New chapter 6 (sections 70-78) filed 12-17-76; designated effective 2-1-77. Approved by Fair Political Practices Commission 10-6-76 (Register 76, No. 51).
• 2. Repealer of chapter 6 (sections 70-78) and new chapter 6 (section 70 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
• 3. Amendment filed 3-2-94; operative 4-1-94. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 1-25-94 (Register 94, No. 9).
• 4. Amendment of Appendix, list of designated employees, filed 11-8-99; operative 12-8-99. Approved by Fair Political Practices Commission 9-1-99 (Register 99, No. 46).
• 5. Change without regulatory effect amending subchapter heading, section and NOTE filed 12-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 52).
• 6. Amendment of general provisions and Appendix filed 6-23-2020; operative 7-23-2020 pursuant to Cal. Code Regs., tit. 2, section 18750(d). Approved by the Fair Political Practices Commission 5-28-2020 and submitted to OAL for filing and printing only pursuant to Government Code section 87311 (Register 2020, No. 26).

Chapter 2 Pupils

Subchapter 1 General Provisions

Article 1 Admission and Exclusion of Pupils

Cal. Code Regs. Tit. 5, § 202 Exclusion of Pupils with a Contagious Disease

A pupil while infected with any contagious or infectious disease may not remain in any public school.

Article 2 Duties of Pupils

Cal. Code Regs. Tit. 5, § 300 Duties Generally

Every pupil shall attend school punctually and regularly; conform to the regulations of the school; obey promptly all the directions of his teacher and others in authority; observe good order and propriety of deportment; be diligent in study; respectful to his teacher and others in authority; kind and courteous to schoolmates; and refrain entirely from the use of profane and vulgar language.

Cal. Code Regs. Tit. 5, § 302 Pupils to be Neat and Clean on Entering School

A pupil who goes to school without proper attention having been given to personal cleanliness or neatness of dress, may be sent home to be properly prepared for school, or shall be required to prepare himself for the schoolroom before entering.

Cal. Code Regs. Tit. 5, § 303 Duty to Remain at School

A pupil may not leave the school premises at recess, or at any other time before the regular hour for closing school, except in case of emergency, or with the approval of the principal of the school.