Article 5. Outdoor Science, Conservation, And Forestry of California Education Code >> Division 1. >> Title 1. >> Part 6. >> Chapter 4. >> Article 5.
(a) The governing board of any school district may do the
following:
(1) Conduct programs and classes in outdoor science education and
conservation education within or without the boundaries of the
district and for that purpose employ instructors, supervisors, and
other personnel and provide necessary equipment and supplies.
(2) Acquire and maintain real or personal property needed for
outdoor science education and conservation education programs and
classes either within or without the boundaries of the district
either by purchase, rental, lease, gift, or other means in the same
manner as if the property were within the boundaries of the school
district.
(3) Contract with the United States, the State of California, any
city, county, city and county or school district therein, or any
combination thereof, for the joint operation and maintenance of these
programs and classes in outdoor science education and conservation
education or for assistance in their operation and maintenance.
(4) Transport or arrange transportation of pupils, instructors,
supervisors, or other personnel to or from places where these
programs and classes are being conducted, whether within or without
the district; provided, the transportation is within the state.
(b) The governing board of any school district may contract with
an outside provider for the services of naturalists. The services
provided by the naturalists shall be under the exclusive control and
management of the governing board of the school district and shall
comply with all guidelines established by the Superintendent of
Public Instruction relating to outdoor educational programs. Any
naturalist under contract with the governing board of a school
district pursuant to this section and all services provided by a
naturalist shall be under the supervision of a certificated employee
of the school district. Any naturalist assigned to serve school
districts under an outside contract shall be subject to Sections
45125 and 49406. No person who has been convicted of any sex offense
defined in Section 44010, or any controlled substance offense defined
in Section 44011, shall be permitted to render service as a
naturalist.
Notwithstanding any other provision of this code, whenever an
outdoor science program involves studies in marine science, the
governing board of any school district or a county superintendent of
schools may transport, or arrange transportation of, pupils,
instructors, supervisors, or other personnel aboard U.S. Coast Guard
approved vessels in the waters of the Pacific Ocean for distances not
to exceed five miles westerly of any offshore island which is a part
of the State of California.
The governing board of any school district may:
(a) Conduct courses in forestry, and for that purpose employ
instructors and supervisors of classes, and acquire necessary
equipment.
(b) Acquire forest lands outside the boundary of the district by
lease for a period not exceeding five years, or purchase or sell
forest lands in the same manner as lands within the boundary of the
district are purchased or sold.
(c) Afforest and reforest, and plant trees, shrubs, and vines on
the lands; or upon any public lands which may be placed at its
disposal, and enter into contracts and agreements with the government
of the United States, the state, or any political subdivision
thereof for that purpose.
(d) Transport pupils, instructors, or supervisors of classes to or
from classes or places where the work is being done, whether within
or without the district, in the same manner and subject to the same
limitations as in transporting pupils to and from school.
The county superintendent of schools may, with the approval
of the county board of education, enter into agreements with the
governing board of one or more school districts or private schools to
provide programs and classes in outdoor science education and
conservation education for pupils in the district or private school.
Except as otherwise provided in this article, the agreement shall
provide for the payment by the district or the private school of the
actual cost of providing the programs or classes. The county
superintendent of schools shall transfer from the funds of the
district or the private school shall pay, as the case may be, to the
county school service fund the amounts set forth in the agreement.
The school district or districts entering into agreements
pursuant to this article with the county superintendent of schools
may agree to make capital outlay expenditures, as well as pay for the
other costs of the program. Title to all property acquired by the
capital outlay expenditures shall be vested in the office of the
county superintendent of schools, and the participating school
districts shall have no interest in the property, nor in the proceeds
of any sale, lease, exchange, or other disposition of the property,
unless the parties otherwise provide in the agreement which
authorizes the acquisition of the property.
Except as otherwise provided, all of the powers and duties
authorized for governing boards of school districts by Section 8760
are powers and duties of the county superintendent of schools
whenever, pursuant to this article, he or she provides programs and
classes in outdoor science education and conservation education.
The county superintendent of schools may, with the approval
of the county board of education, acquire by gift and maintain real
or personal property needed for such programs and classes with title
thereto vested in the office of the county superintendent of schools.
The school districts or community college districts or private
schools participating in such programs and classes shall not be
required to reimburse the county superintendent of schools for use of
real and personal property which is acquired by gift.
The county superintendent of schools may, with the approval
of the county board of education, provide the coordination services
authorized by Section 1703 in connection with programs and classes in
outdoor science education and conservation education and the
participating districts or private schools shall not be required to
reimburse the county superintendent for the cost of such coordination
services.
Any such agreement between the county superintendent of
schools and school districts or community college districts or
private schools may provide for the purchase or lease of any real
property necessary to conduct classes in outdoor science education
and conservation education. If real property is purchased pursuant to
such an agreement, title to such real property shall be vested in
the office of the county superintendent of schools and the
participating school districts, community college districts, or
private schools shall have no interest in such property, nor in the
proceeds of any sale, lease, exchange, or other disposition of such
property, unless the parties otherwise provide in the agreement which
authorizes the acquisition of such property.
The county superintendent of schools may, with the approval
of the county board of education, lease real or personal property for
the purpose of care, teaching, and training of physically
handicapped children or children with intellectual disabilities if
the property is not required for outdoor science education and
conservation education, upon the terms and conditions that are agreed
upon.
The county superintendent of schools may, with the approval
of the county board of education, convey any real property, title to
which is vested in the office of the county superintendent of
schools, to the United States of America in exchange for other real
property of comparable value, upon such terms and conditions as are
agreed upon.
The county superintendent of schools may, with the approval
of the county board of education, sell, lease, exchange, or otherwise
dispose of real or personal property, title to which is vested in
his or her office, pursuant to the same procedures as are established
by law for the sale, lease, exchange, or other disposition of real
or personal property by a school district or community college
district. Unless otherwise provided in the agreement which authorized
the purchase of the real or personal property, the proceeds of any
sale, lease, exchange, or other disposition of real or personal
property shall be vested in the office of the county superintendent
of schools.
All proceeds from the sale, lease, exchange, or other
disposition of real or personal property received by the county
superintendent of schools pursuant to the provisions of this article
shall be used for the purpose of acquiring other real or personal
property for use in connection with programs and classes in outdoor
science education and conservation education or to pay the cost of
conducting such programs and classes. The school districts, community
college districts, and private schools participating in such
programs and classes shall not be required to reimburse the county
superintendent of schools for use of the real or personal property
acquired with such funds nor shall they be required to reimburse the
county superintendent of schools for any of the costs of conducting
such programs and classes which are paid by the county superintendent
of schools out of such funds.
If during a period of five consecutive school years, no
programs and classes in outdoor science education and conservation
education are conducted by the county superintendent of schools
pursuant to this article, all real and personal property, title to
which is vested in the county superintendent of schools, and all
proceeds from the sale, lease, exchange, or other disposition of such
real and personal property, shall become part of the county school
service fund and may be used for any purpose authorized by the laws
applicable to the fund, unless the parties otherwise provide in the
agreement which authorizes the acquisition of such property.
(a) A residential outdoor science program shall be eligible
for funding pursuant to this section if it meets both of the
following conditions:
(1) It is operated by a school district or county office of
education pursuant to this article.
(2) It meets the standards of the Residential Outdoor Science
School (ROSS) Guide and maintains current department ROSS
certification.
(b) An eligible residential outdoor science program may claim
apportionment for any pupil who meets all of the following
conditions:
(1) The pupil is enrolled in a California public school.
(2) The pupil is enrolled in grade 5 or 6.
(3) The applicant has not previously received funding for the
pupil pursuant to this section.
(4) The pupil participates in a minimum four-day and three-night
program.
(5) The pupil is economically disadvantaged and meets the criteria
of Section 49552.
(c) The Superintendent shall, subject to appropriation of funds
for this purpose, apportion to each school district or county office
of education that operates a residential outdoor science program
pursuant to this article an amount equal to ten dollars ($10) per
eligible participating pupil, multiplied by the total number of days
of participation, up to a maximum of five days.