Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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.
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.
