2009 California Education Code - Section 54440-54445 :: Article 3. Migrant Children

54440.  The Legislature finds and declares that:
   (a) A significant number of children under the age of 18 of
migratory agricultural workers and migratory fishermen reside in
California for at least a part of each year. These children, from
among the least affluent segments of American Society, tend to move
frequently, attend school irregularly, and suffer health defects and
language handicaps which significantly inhibit their progress in
school. This results in many becoming early school dropouts, poorly
prepared for personal growth and fulfillment or economic success or
upward social mobility.
   (b) The problems of children of migratory agricultural parents and
of migratory fisherman parents are of such magnitude and severity
that local school districts have been unable to solve them with the
resources normally available. It is, therefore, necessary for the
state to aid local school districts through regional coordinating
offices, and the provision of special programs of educational and
related services for these children.

54441.  The definitions set forth in this section shall govern the
interpretation of this article.
   (a) "Currently migratory child" means a child who has moved with a
parent, guardian, or other person having custody, from one school
district to another, either within the State of California or from
another state within the 12-month period immediately preceding his or
her identification as such a child, in order that the child, a
parent, guardian, or other member of his or her immediate family
might secure temporary or seasonal employment in an agricultural or
fishing activity, and whose parents or guardians have been informed
of the child's eligibility for migrant education services.
   "Currently migratory child" includes a child who, without the
parent or guardian, has continued to migrate annually to secure
temporary or seasonal employment in an agricultural or fishing
activity.
   (b) "Former migratory child" means a child who was formerly
eligible to be counted and served as a currently migratory child
within the past five years, but who is no longer a currently
migratory child, and who lives in an area served by an ESEA Title I
Migrant Education project, and whose parents have been informed of
the child's eligibility for migrant education services but have not
removed the child from the program.
   (c) "Agricultural activity" means any activity directly related to
the production or processing of agricultural products and the
cultivation or harvesting of trees.
   (d) "Fishing activity" means any activity directly related to the
catching or processing of fish or shellfish for initial commercial
sale or as a principal means of personal subsistence.
   (e) "Operating agency" means a local educational agency operating
under a subgrant of state migrant education funding, or a public or
private nonprofit agency under a special arrangement with the
department to carry out a migrant education program.
   (f) "Migrant region" means an operating agency comprised of a
county or a combination of counties, or a public or private nonprofit
agency not controlled in whole or part by a school district, or a
combination of counties and agencies, meeting the criteria of
subdivision (a) of Section 54444.1.
   (g) "Quality control" means the development of program quality
standards by the state and the conduct of quality review procedures
and processes at the operating agency, school district, and school
level by state and other professional staff and parents, in
conjunction with other interested parties, on a regular basis to
assure the maintenance of high quality migrant education programs.
   (h) "Supplementary services" means services provided to migratory
children which are above the services already provided by a school or
school district to other children of that school or school district.
   (i) "Average monthly enrollments" means the average monthly number
of pupils who are enrolled in a migrant education program. Average
monthly enrollments shall be computed by totaling the number of
migrant pupils reported by an operating agency during the months of
September to June, inclusive, and dividing that total by 10.
   (j) "Department" means the State Department of Education.
   (k) "Superintendent" means the Superintendent of Public
Instruction.

54441.5.  With the concurrence of his parents, a child who has been
identified as a "migrant child" may be deemed to continue to be such
a child for a period, not in excess of five years, during which he
resides in an area where programs are provided for migrant children.
Priority shall be given, however, to programs and activities for
migrant children, and in no case shall migrant programs be provided
solely for children who have ceased to migrate.

54442.  The State Board of Education shall adopt a state master plan
for services to migrant children. The plan shall include provisions
for the following:
   (a) Instructional activities on a regular and extended year basis
shall be designed to identify, diagnose, and provide treatment for
academic deficiencies of migrant children. Special emphasis shall be
given to oral and written communications, reading and mathematics.
Small group or individual instruction and tutorial services shall be
provided to assist migrant children to attain normal progress rates
in all subject areas. All instructional services shall be provided as
supplements to regular programs of instruction provided by the
public schools for all children.
   (b) Health and welfare services shall be designed to identify,
diagnose, and provide treatment for conditions of a physical,
including dental, emotional, or environmental, nature which interfere
with the learning processes of migrant children. Insofar as
possible, existing community resources will be utilized to provide
these services.
   (c) Preservice and in-service education of professional and
nonprofessional personnel shall be planned to prepare school
administrators, teachers, aides and other personnel to meet the
special needs of migrant children.
   (d) Supportive services including transportation, family liaison,
and other services necessary to the success of the programs.
   (e) Child development activities including, but not limited to,
social, sensorimotor, conceptual and language development, and
perceptual discrimination activities for migrant infants and
pre-kindergarten-aged children too young to participate in
instructional services normally provided by the public schools.
   (f) The active involvement of parents, teachers, and community
representatives in the local implementation of migrant education
programs.

54443.  (a) Migratory children shall be served according to their
needs in the following order:
   (1) School-aged currently migratory children.
   (2) School-aged former migratory children.
   (3) Preschool currently migratory children.
   (4) Preschool former migratory children.
   (b) A project may provide instructional or supporting services to
former migratory children only if the participation of these children
does not prevent the participation of currently migratory children
in the same preschool or school-aged group, and does not dilute the
effectiveness of the state migrant education program for currently
migratory children.
   (c) Eligibility provisions shall be determined in a manner
consistent with federal statutes and regulations.

54443.1.  Migrant education programs shall include all of the
following:
   (a) An individual assessment of the educational and relevant
health needs of each participating pupil within 30 days of
enrollment. This assessment shall include assessments concurrently
provided pursuant to compensatory education, bilingual-bicultural
education, school improvement programs, and other programs serving
the pupil.
   (b) A general needs assessment developed in compliance with
federal requirements summarizing the needs of the population to be
served.
   (c) A comprehensive program to meet the educational, health, and
related needs of participating pupils which is supplemental to the
program the operating agency is otherwise required to provide. The
program shall include, but need not be limited to, the following:
   (1) Academic instruction.
   (2) Remedial and compensatory instruction.
   (3) Bilingual and multicultural instruction.
   (4) Vocational instruction.
   (5) Counseling and career education services.
   (6) Preschool services in accordance with Section 54443.
   (7) Other educational services that are not available in
sufficient quantity or quality to eligible migratory children.
   (8) The acquisition of instructional materials and equipment
necessary to adequately provide the appropriate services.
   (9) Other related services to meet the special needs of eligible
migratory children which are necessary to enable these children to
effectively participate in instructional services.
   (10) The coordination and teaming of existing resources serving
migrant pupils, such as bilingual-crosscultural education, health
screening, and compensatory education.
   (d) A brief individual learning plan listing the services to be
provided to each pupil shall be provided in writing or at a parent
conference to the parent or guardian of each participating pupil,
annually and each time the pupil moves to a new district.
   (e) Staffing and staff development plans and practices to meet the
needs of pupils and implement the program.
   (f) Parent and community involvement as specified in Section
54444.2.
   (g) Evaluations which shall include annual pupil progress and
overall program effectiveness and quality control reports.
   School districts and other education agencies shall be eligible to
apply for funding to serve migrant pupils upon application to their
respective region, or, if they meet the criteria established in
subdivision (b) of Section 54444.1, to the department. Operating
agencies shall include in their application a description of how the
entities will coordinate the planning, budgeting, and operation of
the migrant education programs with the planning, budgeting, and
operation of other federal and state education programs addressing
the needs of the same or similar pupils of the operating agency. The
description shall include time lines and cover services provided
through school improvement, nonmigrant Title I, state compensatory
and limited- and non-English proficient, Title VII, and other funds.
If the application meets state and federal requirements, negotiations
for an appropriate service agreement shall begin involving the
parties listed in subdivision (a) or (b) of Section 54444.1.

54444.  In implementing the plan adopted by the State Board of
Education, the Superintendent of Public Instruction is authorized to:
   (a) Contract with county superintendents of school or local
educational agencies to supply services to migrant children residing
within specified geographical regions.
   (b) Enter into agreements or otherwise cooperate with other states
or agencies of the state or the federal government in providing or
coordinating services to migrant children including the Mini-Corps
Program as well as participation in or utilization of the Migrant
Student Record Transfer System, or other equivalent information
systems as may be used by the state.

54444.1.  (a) In implementing the state master plan for services to
migrant children, the Superintendent of Public Instruction shall
establish the service regional system as the primary method for the
delivery of services to migrant children. The superintendent shall
review and approve plans for the establishment of service regions and
shall incorporate the following criteria in the approval of regional
plans:
   (1) The boundaries of regions shall include all geographic areas
with migrant and seasonal agricultural workers and fishermen.
   (2) Regional service centers shall be located in areas with high
concentrations of migrant and seasonal agricultural workers and
fishermen. Regional headquarters shall be located in areas: (i)
requiring large numbers of these workers for a period of at least two
consecutive months during each year, (ii) in areas which normally
contract for migrant and seasonal agricultural workers with families
rather than single adults, and (iii) in areas where migrant and
seasonal agricultural workers are involved in the transition from
hand labor to mechanization.
   (3) Regions shall be located in each geographic area of the state,
except areas within the boundaries of directly funded districts.
   (4) Except areas within the boundaries of directly funded
districts, regions shall be contiguous to one another and should have
no less than 1,500 and no more than 8,000 currently migratory
children based upon full-time equivalent enrollment. In no event
shall a county be split among two separate regions in order to meet
the requirements of this paragraph.
   (5) Regions shall be organized so as to provide quality services
to all affected parties and maintain fiscal procedures in conformity
with requirements adopted by the department.
   (6) The boundaries of regions shall be drawn in such a manner as
to avoid excessive commuting by personnel or by participants in the
programs, not to exceed 100 miles from the schoolsite to the
operating agency.
   (7) If a proposed region cannot meet the criteria established in
paragraphs (4) and (6) of subdivision (a), or both, it may request
that the criteria be waived by the board. The waiver request shall be
based upon a study, conducted by the entities, including their
respective parent advisory councils, comprising the proposed region,
which explains why the waiver is required and which describes likely
outcomes if the waiver is not granted.
   (8) This subdivision shall become operative on July 1, 1982.
   (b) Agencies meeting the criteria set forth in this subdivision
and subdivision (f) of Section 54441 may apply to the department for
designation as a region. The application shall be in a format with
sufficient information and at times designated by the Superintendent
of Public Instruction. The application shall include documentation of
active participation, review and comment by the appropriate parent
advisory councils, and signatures by parent advisory council
chairpersons that the review and comment has taken place, and shall
further include documentation that the agencies and parent
representative comprising the proposed regions have met as a group
prior to submission of the application and have agreed upon the
formation of, and participation in, the region and a general
delineation of the services which will be provided in the region.
   Directly funded districts shall be invited by the regions to
participate in regional activities and meetings. Staff and parent
advisory council members in the districts shall also be invited to
regional inservice activities and conferences.
   This subdivision shall become operative July 1, 1982.
   (c) The State Department of Education may fund directly local
educational agencies, in whole or in part, to provide services to
eligible migrant children if it is cost effective to do so; if the
applicant agency serves not less than 1,500, nor more than 8,000,
currently migratory children; has sufficient programmatic and fiscal
resources to deliver an effective migrant education program; is in
compliance with the federal and state requirements regarding migrant
education programs; maintains an ongoing and functional parent
advisory council which has voted on a biennial basis to approve the
participation in the directly funded program, including the approval
of a majority of the members who are the parents of migrant children;
and maintains fiscal procedures in conformity with the requirements
adopted by the department. All districts which are directly funded on
January 1, 1982, may continue to be funded directly, provided that
the districts comply with the criteria prescribed by this
subdivision, except for the size criterion.
   (d) The responsibilities of the various parties involved in the
delivery of services to migrant children shall be set forth in a
service agreement. A service agreement shall be a legally binding
contract signed by the duly constituted authorities at the state,
county, district, or private or public nonprofit agencies, or a
combination thereof. In the regional delivery system, there shall be
two parties to every service agreement; the region and the district
or other operating agencies in which the eligible migrant pupils are
enrolled. When a district or agency is funded directly by the state,
the parties to the service agreement shall include the department and
the district or operating agency in which the eligible migrant
pupils are enrolled. The basic responsibilities of these three
parties shall be as specified in Section 54444.4.
   The parties, whether regional or directly funded, shall take the
necessary steps to ensure the effective involvement of the Migrant
Parent Advisory Committee for that district or agency.
Representatives of the Migrant Parent Advisory Committee shall have
the right to be present and participate in all deliberations between
the parties regarding the service agreement or any subsequent changes
thereto. The service agreement shall include a signed statement from
the officers of the Migrant Parent Advisory Committee signifying
that such participation has occurred.
   This subdivision shall become operative July 1, 1982.
   (e) The Superintendent of Public Instruction shall develop an
annual operating calendar for regions and directly funded districts
including dates for the submission and approval of applications and
service agreements. Any changes in regional boundaries for the
subsequent fiscal year shall be made and approved by December 31 of
the current year. Any changes in funding allocations for regions
shall be made by December 31 of the current year or immediately after
notification of a federal grant award.
   This subdivision shall become operative July 1, 1982.
   (f) The Superintendent of Public Instruction shall preserve the
supplemental nature of the migrant education program. The program
shall be maintained outside the supervision or above the
administrative level of the consolidated application programs. The
superintendent shall not incorporate the migrant education program
into the consolidated application process, except as provided below:
   (1) Commencing with the 1983-84 school year, directly funded
districts may apply for migrant education funds as part of their
consolidated application provided the district parent advisory
council on migrant education approves the inclusion.
   (2) Commencing with school year 1982-83 and pending the
recommendations of the department study and task force report, a copy
of the district's annual application for migrant education funds as
required by Section 54443.1 shall be attached to the district's
annual consolidated application.

54444.2.  (a) The Superintendent of Public Instruction shall take
the steps necessary to assure effective parental involvement
throughout the state migrant education program, which shall include,
but need not be limited to, the following:
   (1) The superintendent shall adopt rules and regulations requiring
each operating agency receiving migrant education funds or services
to actively solicit parental involvement in the planning, operation,
and evaluation of its programs through the establishment of, and
consultation with, a parent advisory council.
   The membership of each parent advisory council shall be comprised
of members who are knowledgeable of the needs of migrant children and
shall be elected by the parents of migrant children enrolled in the
operating agency's programs. The composition of the council shall be
determined by the parents at a general meeting to which all parents
of pupils enrolled in the migrant program shall be invited. Parents
shall be informed, in a language they understand, that the parents
have the sole authority to decide on the composition of the council.
All parent candidates for the council shall be nominated by parents;
nonparent candidates shall be nominated by the groups they represent
(i.e., teachers by teachers, administrators by administrators, other
school personnel by other school personnel, and pupils by pupils).
All other community candidates shall be nominated by the parents.
Each parent advisory council shall hold meetings on a regular basis
during the operation of the regular program, but not less than six
times during the year.
   At least two-thirds of the members of each parent advisory council
shall be the parents of migrant children. Each parent advisory
council shall have the responsibilities listed in subdivision (a) of
Section 54444.4.
   (2) The superintendent shall establish a statewide parent advisory
council which shall participate in the planning, operation, and
evaluation of the state migrant education program. The membership of
the statewide parent advisory council shall be comprised of members
who are knowledgeable of the needs of migrant children and shall be
nominated and elected by the parents of migrant children enrolled in
the operating agencies. At least two-thirds of the members of the
State Parent Advisory Council shall be the parents of migrant
children. The state council shall meet a minimum of six times a
calendar year to provide input on issues relating to the operation of
the program. Special meetings may be called at the discretion of the
state director.
   The superintendent shall also sponsor an annual State Parent
Advisory Council Conference. The conference shall be scheduled during
the spring of every year. Within 120 days from the conclusion of the
conference, the State Parent Advisory Council shall prepare and
submit a report to the Legislature, State Board of Education, the
superintendent, and the Governor regarding the status of the migrant
education program.
   (3) The superintendent and each operating agency shall furnish,
without charge, to the statewide and operating agency parent advisory
councils and, upon request, to each member, a copy of all applicable
state and federal migrant education statutes, rules and regulations,
and guidelines. In addition, the superintendent and each operating
agency shall furnish, without charge, to the statewide and operating
agency parent advisory councils and, upon request, to each member,
copies of all applicable state and federal audits, monitoring
reports, and evaluations.
   (4) The superintendent and each operating agency shall establish
and implement training programs for members of the statewide and
operating agency parent advisory councils to enable them to carry out
their responsibilities. Each training program shall be developed in
consultation with the parent advisory councils and shall include
appropriate training materials in a language understandable to each
member. Costs incurred in providing training under this paragraph,
including federally authorized expenses associated with the
attendance of members at training sessions, shall be funded, to the
extent that funds are available, by federal funds allocated to the
state, based upon the educational and related health needs of
migratory children defined in subdivisions (a) and (b) of Section
54441, and may be supported by funds from the state migrant education
program.
   (b) Each operating agency which provides services on a statewide
basis shall be exempt from the requirement that it create its own
parent advisory council, but shall consult the statewide parent
advisory council in the planning, operation, and evaluation of its
programs.

54444.3.  (a) Each operating agency receiving Title I Migrant
Education funding shall conduct summer school programs for eligible
migrant children in kindergarten and grades 1 to 12, inclusive. The
summer school programs shall respond to the individual needs of
participating pupils and shall build on and be consistent with the
instructional programs offered to these pupils during the regular
school year. Each summer school program shall be funded, to the
extent that funds are available, by federal funds earmarked for
migrant education programs, and shall meet the following criteria:
   (1) That summer school programs meet the following time
requirements:
   (A) For kindergarten classes, not less than 180 minutes per day,
based upon the full apportionment day of 240 minutes, including
recesses, for not less than 20 teaching days.
   (B) For grades 1 to 8, not less than 200 minutes per day, based
upon the full apportionment day of 240 minutes, including recesses
and passing time but excluding noon intermissions, for not less than
20 teaching days.
   (C) For grades 7 to 12, not less than 240 minutes per day,
including passing time but excluding noon intermissions, for not less
than 30 teaching days.
   Exemptions from the requirements of this paragraph may be made by
the Superintendent of Public Instruction upon petition submitted to
him by the district. The basis for the exemption shall be
agricultural labor factors, climatic conditions, specialized
educational programs, and other conditions appearing to the
superintendent to warrant exemption.
   For purposes of this paragraph, holidays designated in Section
37220 other than Saturday and Sunday may be deducted from the
required number of teaching days.
   (2) That the program has been established with the prior written
approval of the superintendent based upon the submission of an
application which is in the form prescribed and furnished by the
superintendent. Each application shall designate the persons who will
exercise administrative or supervisorial responsibilities for the
summer school program and shall be submitted prior to the
establishment of the summer school program.
   (3) That the summer school program contains coursework which is of
the same level of difficulty in each subject as that provided to
pupils enrolled in regular classes of instruction within the school
district in the preceding year.
   (4) That instructional programs are taught by staff with cultural
training or background and understanding of the special needs of
migrant children, and who are properly credentialed for the subjects
and grade levels to which they are assigned.
   (5) That the summer school program supplements other summer school
programs, whether required or optional and whether federally or
state funded, operated by the school district, including the programs
for graduating high school seniors, handicapped children, pupils
enrolled in grade 11, pupils enrolled in grades 7 to 12 who do not
meet the district's adopted proficiency standards, and eligible
compensatory education pupils.
   (b) Each school district, county office of education, and
community college district shall, upon request, make facilities
available at cost for the operation of migrant summer school programs
whenever they are available. Where available, these facilities shall
be suitable for the summer climate. The superintendent may allow
neighboring districts to jointly offer facilities if he or she
determines that the use of one district's facilities for an area will
adequately meet the needs of the migrant summer school program for
the entire area.
   If the Superintendent of Public Instruction determines that
requests from prospective users of these facilities were denied
without just cause, the superintendent shall reduce the district's or
county superintendent's entitlement from Section A of the State
School Fund by an amount equal to one thousand dollars ($1,000) or
four times the costs to the prospective user for alternative
facilities for the entire period for which the facilities were
requested, whichever is greater.

54444.4.  (a) The responsibilities of parent advisory councils at
the district, regional, and state levels shall include, but are not
limited to, all of the following:
   (1) The establishment of migrant education program goals,
objectives, and priorities.
   (2) The review of annual needs and year-end assessment, as well as
program activities, for each school, and a review of individualized
educational plans.
   (3) Advice on the selection, development, and reassignment of
migrant education program staff.
   (4) Active involvement in the planning and negotiation of program
applications and service agreements required under Section 54444.1.
   (5) All other responsibilities required under state and federal
laws or regulations.
   (b) The responsibilities of the school districts or other agencies
operating programs for migrant pupils include, but are not limited
to, all of the following:
   (1) Providing services in compliance with applicable state and
federal laws or regulations.
   (2) Providing information to parents.
   (3) Providing support to instructional staff.
   (c) The responsibilities of the region include, but are not
limited to, the following:
   (1) Providing funding to operating agencies within its
jurisdiction in accordance with service agreements.
   (2) Providing technical assistance to operating agencies operating
under service agreements.
   (3) Providing interagency coordination to improve the services
available to participating pupils.
   (4) Providing training for the parents and members of district,
regional, and school parent advisory councils.
   (5) Providing or arranging for staff development services for
migrant education staff at the school and district levels.
   (6) Providing direct services required pursuant to a service
agreement entered into by the region.
   (d) The responsibilities of the State Board of Education and the
department shall be as set forth in the State Master Plan for Migrant
Education developed under Section 54442.

54444.5.  The reorganization of service regions established pursuant
to Section 54444.1 shall not affect the right to retain salary,
leaves, and other benefits of persons employed in positions that do
not require certification as follows:
   (a) An employee of a service region that is included in any other
service region shall become the employee of the new service region if
the new service region has an equivalent vacant position that the
new service region elects to fill in its program for migratory
children.
   (b) When a portion of the service region of a regional service
center becomes part of another regional service center, an employee
regularly assigned to perform duties in the service region affected
shall become the employee of the acquiring regional service center if
the acquiring regional service center has an equivalent vacant
position that the acquiring regional service center elects to fill in
its program for migratory children. An employee whose assignment
pertained to the affected service region, but whose employment site
was not in the service region, may elect to remain with the original
regional service center or become the employee of the acquiring
regional service center if the acquiring regional service center has
an equivalent vacant position that the acquiring regional service
center elects to fill in its program for migratory children.
   (c) When the service region of any regional service center is
divided between, or among, two or more regional service centers and
the original regional service center ceases to exist, an employee of
the original regional service center regularly assigned to perform
duties in any specific service region shall become the employee of
the regional service center acquiring the service region if the
acquiring regional service center has an equivalent vacant position
that the acquiring regional service center elects to fill in its
program for migratory children. An employee not assigned to a
specific service region within the original regional service center
shall become the employee of any acquiring regional service center at
the election of the employee if the acquiring regional service
center has an equivalent vacant position that the acquiring regional
service center elects to fill in its program for migratory children.
   (d) If, pursuant to this section, an employee of a service region
is unable to become an employee of a new or acquiring service region
because there are no equivalent vacant positions available in the new
or acquiring service region, that employee shall be placed on an
eligibility list for an equivalent position for the migrant education
program in the new or acquiring service region for a period of not
less than 39 months.
   (e) A service region that employs individuals pursuant to this
section shall do so on a seniority basis.

54445.  The State Board of Education shall adopt rules and
regulations necessary to implement the provisions of this article.