2021 California Code
Education Code - EDC
TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION
DIVISION 4 - INSTRUCTION AND SERVICES
PART 33 - INSTRUCTIONAL MATERIALS AND TESTING
CHAPTER 7 - Assessment of Language Development
Section 60811.8.
(a) Commencing in the 2019–20 school year, a middle school or high school pupil who is classified as an English learner, except as specified in subdivision (d), shall not be denied participation in the standard instructional program of a school by being denied any of the following:
(1) Enrollment in courses that are part of the standard instructional program of the school that the pupil attends. For purposes of this section, “standard instructional program” means, at a minimum, core curriculum courses, as defined in clause (i) of subparagraph (B) of paragraph (6) of subdivision (b) of Section 33126, courses required to meet state and local graduation requirements, and courses required for middle school grade promotion.
(2) Enrollment in a full course load of courses that are part of the standard instructional program.
(3) Enrollment in courses that are not part of a school’s standard instructional program that either meet the subject matter requirements for purposes of recognition for college admission pursuant to Section 66205.5 or are advanced courses, such as honors or advanced placement courses, on the sole basis of a pupil’s classification as an English learner.
(b) Nothing in this section shall be construed to require a school to create supplemental courses in languages other than English.
(c) For purposes of this section, “pupil” includes a pupil attending a school operated by a school district or a county office of education, a charter school, or the state special schools for the blind and the deaf.
(d) (1) Provided that, pursuant to federal law, the pupil’s course of study is designed to remedy any academic deficits incurred during participation and that the pupil’s course of study is reasonably calculated to enable that pupil to attain parity of participation in the standard instructional program within a reasonable length of time after he or she enters the school system, the following pupils may be denied access to enrollment in a course described in paragraph (1) of subdivision (a):
(A) A middle school or high school pupil who is classified as an English learner and who has recently arrived in the United States, as defined in Section 1111(b)(3)(A) of the federal Every Student Succeeds Act (Public Law 114-95).
(B) A middle school or high school pupil who is classified as an English learner and who is participating in a program designed to meet the academic and transitional needs of newly arrived immigrant pupils that has as a primary objective the development of English language proficiency.
(2) This section shall not be construed to prohibit, restrict, or discourage the enrollment of a pupil described in paragraph (1) in courses described in paragraph (1) of subdivision (a).
(Added by Stats. 2018, Ch. 304, Sec. 2. (AB 2735) Effective January 1, 2019.)
