Cal. Code Regs. tit. 5 § 4802

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 4802 - Content of the Petition

(a) The petition and each section of the petition shall contain the following elements:

(1) A heading which states that it is a Petition of Parents, Legal Guardians, and Persons Holding the Right to Make Educational Decisions for Pupils, including Foster Parents who hold rights to make educational decisions, to request an Intervention be implemented at the specified subject school and to be submitted to a specified LEA;

(2) A statement that the petition seeks the signatures of the parents or legal guardians of the pupils attending the subject school or, in the alternative, the signatures of the parents or legal guardians of the pupils attending the subject school and the signatures of the parents or legal guardians of the pupils attending elementary or middle schools who would normally matriculate into the subject school;

(3) The name and public contact information of the person to be contacted by either persons interested in the petition or by the LEA;

(4) Identification of the requested intervention;

(5) A description of the requested intervention using the language set forth in either sections 4803, 4804, 4805, 4806, or 4807, without omission to ensure full disclosure of the impact of the intervention;

(6) The name of the subject school;

(7) Boxes as designated in section 4801(c) and (d);

(8) An affirmation that the signing parent or legal guardian is requesting the LEA to implement the identified intervention at the subject school; and

(9) If requesting that an LEA implement the restart model intervention identified pursuant to Education Code section 53202(a)(2), and that the subject school be reopened under a specific charter school operator, charter management organization, or education management organization, a clear statement containing that information on the front of the petition, including contact information of the charter school operator, charter management organization or education management organization.

(10) The names of any agencies or organizations that are supporting the petition, either through direct financial assistance or in-kind contributions of staff and volunteer support, must be prominently displayed on the front page of the petition.

(b) The CDE shall develop a sample petition that can be used by interested petitioners. The sample petition shall be available on the CDE website for interested petitioners to use. The CDE shall make the sample petition available in other languages pursuant to Education Code section 48985. Petitioners shall not be required to use the sample petition; however, alternate petitions must contain all required components pursuant to statutory and regulatory requirements.

Cal. Code Regs. Tit. 5, § 4802

1. New section filed 9-13-2010 as an emergency; operative 9-13-2010 (Register 2010, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-14-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-15-2011 as an emergency; operative 3-15-2011 (Register 2011, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-13-2011 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 43).
4. New section filed 10-27-2011; operative 11-26-2011 (Register 2011, No. 43).

Note: Authority cited: Section 33031, Education Code. Reference: Sections 48985, 53202 and 53300, Education Code.