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Article 3. Parental Exceptions of California Education Code >> Division 1. >> Title 1. >> Part 1. >> Chapter 3. >> Article 3.
The requirements of Section 305 may be waived with the prior
written informed consent, to be provided annually, of the child's
parents or legal guardian under the circumstances specified below and
in Section 311. Such informed consent shall require that said
parents or legal guardian personally visit the school to apply for
the waiver and that they there be provided a full description of the
educational materials to be used in the different educational program
choices and all the educational opportunities available to the
child. Under such parental waiver conditions, children may be
transferred to classes where they are taught English and other
subjects through bilingual education techniques or other generally
recognized educational methodologies permitted by law. Individual
schools in which 20 pupils or more of a given grade level receive a
waiver shall be required to offer such a class; otherwise, they must
allow the pupils to transfer to a public school in which such a class
is offered.
The circumstances in which a parental exception waiver may be
granted under Section 310 are as follows:
(a) Children who already know English: the child already possesses good English language skills, as measured by standardized tests of English vocabulary comprehension, reading, and writing, in which the child scores at or above the state average for his or her grade level or at or above the 5th grade average, whichever is lower; or
(b) Older children: the child is age 10 years or older, and it is the informed belief of the school principal and educational staff that an alternate course of educational study would be better suited to the child's rapid acquisition of basic English language skills; or
(c) Children with special needs: the child already has been placed for a period of not less than thirty days during that school year in an English language classroom and it is subsequently the informed belief of the school principal and educational staff that the child has such special physical, emotional, psychological, or educational needs that an alternate course of educational study would be better suited to the child's overall educational development. A written description of these special needs must be provided and any such decision is to be made subject to the examination and approval of the local school superintendent, under guidelines established by and subject to the review of the local Board of Education and ultimately the State Board of Education. The existence of such special needs shall not compel issuance of a waiver, and the parents shall be fully informed of their right to refuse to agree to a waiver.
(a) Children who already know English: the child already possesses good English language skills, as measured by standardized tests of English vocabulary comprehension, reading, and writing, in which the child scores at or above the state average for his or her grade level or at or above the 5th grade average, whichever is lower; or
(b) Older children: the child is age 10 years or older, and it is the informed belief of the school principal and educational staff that an alternate course of educational study would be better suited to the child's rapid acquisition of basic English language skills; or
(c) Children with special needs: the child already has been placed for a period of not less than thirty days during that school year in an English language classroom and it is subsequently the informed belief of the school principal and educational staff that the child has such special physical, emotional, psychological, or educational needs that an alternate course of educational study would be better suited to the child's overall educational development. A written description of these special needs must be provided and any such decision is to be made subject to the examination and approval of the local school superintendent, under guidelines established by and subject to the review of the local Board of Education and ultimately the State Board of Education. The existence of such special needs shall not compel issuance of a waiver, and the parents shall be fully informed of their right to refuse to agree to a waiver.
