Section 3040.3 - Education Assignments(a) Institutions shall establish Adult Basic Education (ABE), Adult Secondary Education (ASE), Post-Secondary Education, Career Technical Education (CTE), Computer Related Technologies (CRT), and Transition courses that focus on increasing literacy and employability of incarcerated persons in preparation for release from state prison. Every effort shall be made to assign incarcerated persons concurrently to education programs, rehabilitative programs, and work assignments. Every effort shall be made to reasonably accommodate incarcerated persons with disabilities to enable their participation to the best of their abilities. Assignments to education programs shall be for the prescribed length of participation required to complete the course, and in accordance with the following criteria: (1) Adult Basic Education (ABE) and Adult Secondary Education (ASE) Courses: During the classification process, incarcerated persons shall be placed on a waiting list for ABE or ASE courses if they do not have a nationally-recognized High School Diploma (HSD), High School Equivalency (HSE), or for incarcerated persons with developmental disabilities, a Certificate of Completion (certificate of attendance and participation).(A) Incarcerated persons are responsible for authorizing official school transcripts from a regionally accredited school recognized by the United States Department of Education to be sent to the Department as proof that they have earned a HSD, HSE, or Certificate of Completion. Once the institution's school registrar receives the incarcerated person's official school transcripts, the registrar will note the incarcerated person's graduation status in the Strategic Offender Management System, and the student will be removed from the ABE or ASE waiting list or class.(B) Incarcerated persons shall be assigned to the course in the order in which they appear on the waiting list, subject to space availability. Placement into the appropriate course shall be in accordance with the incarcerated person's most recently assessed reading level, as mandated by the California Department of Education per Welfare and Institutions Code sections 19011 and 19012. The following chart corresponds the incarcerated person's course placement with their reading level: | Adult Basic Education | Reading Level |
| ABE I | 0-3.9 |
| ABE II | 4-6.9 |
| ABE III | 7-8.9 |
| GED/High School | 9+ |
(C) If an incarcerated person is precluded from placement into an ABE or ASE course due to a medical or mental health diagnosis, disciplinary action, or safety or security threat, the preclusion shall be documented pursuant to Section 3375(g). Incarcerated persons at the Enhanced Outpatient Program (EOP) level of care shall participate in ABE and ASE courses in accordance with Section 3043.7(d)(1).(D) Incarcerated persons with language barriers or developmental, cognitive, or physical impairments shall be mainstreamed in ABE and ASE courses and are offered additional assistance with course assignments.(2) Post-Secondary Education Courses: Incarcerated persons with a HSD or HSE may apply to colleges or universities recognized by a United States Department of Education accrediting agency. Incarcerated persons may participate via correspondence courses, or may attend onsite college courses when available and with the approval of the institution's school principal. Incarcerated persons are responsible for the payment of tuition, loans, textbooks, and other associated fees. Courses shall be college level, shall not duplicate Department course content, and shall lead to a degree or certificate.(3) Career Technical Education (CTE) Courses: During the classification process, incarcerated persons with a medium to high need for employment based on the Department's automated needs assessment tool, per Section 3375.6, shall be placed on a waiting list for a CTE course of their choice, and on a waiting list for a CTE course recommended by the Education Administrator based on course availability. Incarcerated persons with six months to four years prior to release shall receive priority assignment to a CTE course in the order in which they appear on the waiting list, subject to space availability. Incarcerated persons who have previously completed CTE courses are exempt from assignment to CTE courses. (A) Incarcerated persons with language and cultural barriers or developmental, cognitive, or physical impairments shall be mainstreamed in CTE courses and are offered additional assistance with course assignments.(4) Computer Related Technologies (CRT) Courses: During the classification process, incarcerated persons shall be placed on a waiting list for CRT courses. Incarcerated persons who have six months or more prior to release shall be assigned to the course in the order in which they appear on the waiting list, subject to space availability. Incarcerated persons who have previously completed CRT courses are exempt from assignment to CRT courses.(5) Transitions Course: During the classification process, incarcerated persons shall be placed on a waiting list for the Transitions course. Incarcerated persons who are within two years of release shall be assigned to the course in the order in which they appear on the waiting list, subject to space availability. Incarcerated persons who have previously completed a Transitions course are exempt from assignment to a Transitions course.(b) Education programs are open-entry and open-exit; incarcerated persons may be assigned, reassigned, or unassigned to courses at any time throughout the year. (1) Students may be reassigned to alternative ABE, ASE, CTE, CRT, or Transition courses on a case by case basis, with the approval of the institution's school principal. Reassignments shall be based on course prerequisites, mental health or medical diagnosis, test history, and employment need, as long as assignments are made commensurate with institutional safety and security as noted on a CDC Form 128-B (Rev. 4/74), General Chrono.(2) Students may be unassigned from ABE, ASE, CTE, CRT, or Transition courses for good cause on a case by case basis. Reasons for unassignment include but are not limited to: Department receipt of official school transcripts indicating an incarcerated person has earned a HSD, HSE, Certificate of Completion, or college degree, incarcerated person release from prison, transfer of the incarcerated person to a different institution, incarcerated person disciplinary action, or the incarcerated person poses a threat to institutional safety and security. (A) Once incarcerated persons have completed educational courses, they shall be unassigned from the course.Cal. Code Regs. Tit. 15, § 3040.3
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2053 and 2053.1, Penal Code, Sections 19011 and 19012, Welfare and Institutions Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2053 and 2053.1, Penal Code, Sections 19011 and 19012, Welfare and Institutions Code.
1. New section filed 4-28-2020 as an emergency; operative 4/28/2020 (Register 2020, No. 18). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-5-2020 or emergency language will be repealed by operation of law on the following day.
2. Emergency filed 4-28-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20. A Certificate of Compliance must be transmitted to OAL by 2-2-2021 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-28-2020 order, including amendment of subsections (a)(1)(B) and (a)(1)(D)-(a)(5), transmitted to OAL 1-27-2021 and filed 3-11-2021; amendments operative 3/11/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 11).
4. Amendment of subsections (a)(1)(B) and (a)(3)(A) and amendment of Note filed 11-4-2022; operative 1/1/2023 (Register 2022, No. 44).
5. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).