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Subchapter 1. Parent Empowerment.Article 1. General Provisions. Petition Signatures.   

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(a) A petition shall contain signatures of parents or legal guardians of pupils attending the subject school, or may contain a combination of signatures of parents and legal guardians of pupils attending the subject school and signatures of parents or legal guardians of pupils attending the matriculating schools. A petition may not consist solely of signatures of parents or legal guardians of pupils attending the matriculating schools.

(b) Only one parent or legal guardian per pupil may sign a petition.

(c) The petition must have boxes that are consecutively numbered commencing with number 1, with sufficient space for the signature of each petition signer as well as his or her printed name, date, pupil's name, the pupil's date of birth, the name of the school the pupil is currently attending, and the pupil's current grade.

(d) The boxes described in subdivision (c) may also have space for the signer's address, city or unincorporated community name, and zip code, or request other information, and, if so, the petition shall make clear that providing such information is voluntary and cannot be made a condition of signing the petition.

(e) A petition may be signed by a parent or a legal guardian once for each of his or her pupils attending the subject school or, if the petition contains a combination of signatures of parents or legal guardians of pupils attending the subject school and the elementary or middle schools that normally matriculate into a subject middle or high school, once for each of his or her pupils attending the subject school and the elementary or middle schools that normally matriculate into the subject middle or high school. Separate petition boxes must be completed by the parent or legal guardian for each of his or her pupils.

(f) A petition may be circulated and presented in sections, so long as each section complies with the requirements set forth in this section and section 4802 regarding the content of the petition.

(g) Signature gatherers may not offer gifts, rewards, or tangible incentives to parents or legal guardians to sign a petition. Nor shall signature gatherers make any threats of coercive action, false statements or false promises of benefits to parents or legal guardians in order to persuade them to sign a petition, except that signature gatherers, school site staff or other members of the public may discuss education related improvements hoped to be realized by implementing any intervention described in these regulations. Signature gatherers, students, school site staff, LEA staff, members of the community, and parents and legal guardians of eligible pupils shall be free from harassment, threats, and intimidation related to circulation of or signing a petition, and from being discouraged to sign or being encouraged to revoke their signature on a petition. Signature gatherers shall disclose if they are being paid and shall not be paid per signature.

(h) All parties involved in the signature gathering process shall adhere to all school site hours of operation, school and LEA safety policies, and visitor sign in procedures.

(i) School or district resources shall not be used to impede the signature gathering process pursuant to this section.

Authority cited:

Education Code 33031

Reference:

Education Code 53300

(New by Register 2011, No. 43.)