2023 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.

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 the pupil enters the school system, the following pupils may be denied access to enrollment in a course described in paragraph (1) of subdivision (a):

(A) (i) A middle school or high school pupil who is classified as an English learner and who is a newcomer pupil.

(ii) For purposes of clause (i), “newcomer pupil” has the same meaning as “immigrant children and youth,” as defined in Section 7011(5) of Title 20 of the United States Code.

(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 newcomer 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).

(Amended by Stats. 2023, Ch. 342, Sec. 5. (AB 714) Effective January 1, 2024.)