2010 California Code
Education Code
Article 3. Parent Empowerment

EDUCATION CODE
SECTION 53300-53303



53300.   For any school not identified as a persistently
lowest-achieving school under Section 53201 which, after one full
school year, is subject to corrective action pursuant to paragraph
(7) of Section 1116(b) of the federal Elementary and Secondary
Education Act (20 U.S.C. Sec. 6301 et seq.) and continues to fail to
make adequate yearly progress, and has an Academic Performance Index
score of less than 800, and where at least one-half of the parents or
legal guardians of pupils attending the school, or a combination of
at least one-half of the parents or legal guardians of pupils
attending the school and the elementary or middle schools that
normally matriculate into a middle or high school, as applicable,
sign a petition requesting the local educational agency to implement
one or more of the four interventions identified pursuant to
paragraphs (1) to (4), inclusive of subdivision (a) of Section 53202
or the federally mandated alternative governance arrangement pursuant
to Section 1116(b)(8)(B)(v) of the federal Elementary and Secondary
Education Act (20 U.S.C. Sec. 6301 et seq.), the local educational
agency shall implement the option requested by the parents unless, in
a regularly scheduled public hearing, the local educational agency
makes a finding in writing stating the reason it cannot implement the
specific recommended option and instead designates in writing which
of the other options described in this section it will implement in
the subsequent school year consistent with requirements specified in
federal regulations and guidelines for schools subject to
restructuring under Section 1116(b)(8) of the federal Elementary and
Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) and regulations
and guidelines for the four interventions.



53301.  (a) The local educational agency shall notify the
Superintendent and the state board upon receipt of a petition under
Section 53300 and upon its final disposition of that petition.
   (b) If the local educational agency indicates in writing that it
will implement in the upcoming school year a different alternative
governance arrangement than requested by the parents, the local
educational agency shall notify the Superintendent and the state
board that the alternative governance option selected has substantial
promise of enabling the school to make adequate yearly progress as
defined in the federally mandated state plan under Section 1111(b)(2)
of the federal Elementary and Secondary Education Act (20 U.S.C.
Sec. 6301 et seq.).



53302.  No more than 75 schools shall be subject to a petition
authorized by this article.
   (b) A petition shall be counted toward this limit upon the
Superintendent and state board receiving notice from the local
educational agency of its final disposition of the petition.



53303.  A local educational agency shall not be required to
implement the option requested by the parent petition if the request
is for reasons other than improving academic achievement or pupil
safety.


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