Education Code — Part 20 | EDC — United States — California law | Esheria

Education Code

Part 20 of 57 · provisions 3,801–4,000

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This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

Showing 200 of 11,236

  1. 35029.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A local governing board may waive a credential requirement for a school district’s chief administrative officer, and may require an uncredentialed chief administrative officer to complete in-service training. The chief administrative officer is also exempt from specified merit system rules and similar merit systems.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35029. A local governing board may waive any credential requirement for the chief administrative officer of the school district under its jurisdiction. Any individual serving as the chief administrative officer of a school district who does not hold a credential may be required by the local governing board to pursue a program of in-service training conducted pursuant to guidelines approved by the commission. No individual serving as the chief administrative officer of a school district shall be subject to the provisions of the merit system specified in Article 6 (commencing with Section 45240) of Chapter 5 of Part 25 of this division or any other similar merit system. (Enacted by Stats. 1976, Ch. 1010.)
  2. 35029.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A local governing board must not hire a person as chief administrative officer if that person’s credential has been revoked by the Commission on Teacher Credentialing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35029.1. Notwithstanding Section 35029, a local governing board shall not hire an individual for the position of chief administrative officer of the school district under its jurisdiction whose credential has been revoked by the Commission on Teacher Credentialing pursuant to Sections 44421 to 44427, inclusive. (Added by Stats. 2001, Ch. 135, Sec. 2. Effective July 31, 2001.)
  3. 35030.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A governing board or county superintendent of schools may not give certain superintendent titles to positions that are not certified-qualified under the code or Section 44065, except for business manager or related business positions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35030. No governing board or county superintendent of schools shall affix the title of deputy, associate or assistant superintendent to any position not defined by this code as a position requiring certification qualifications or which does not qualify under the provisions of Section 44065 as a position requiring certification qualifications; except that any such title may be assigned to the position of business manager or a related business position but such position shall not, if so designated, be deemed to be a position requiring certification qualifications nor shall the employee be deemed to be a certificated employee. (Enacted by Stats. 1976, Ch. 1010.)
  4. 35031.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    School district superintendents and certain assistant-level superintendents may serve terms of up to four years, and the governing board may end and renew their employment subject to consent and notice rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35031. Any district superintendent of schools, or deputy, associate, or assistant superintendent of schools, may be elected for a term of no more than four years. The governing board of any school district, with the consent of the employee concerned, may at any time terminate, effective on the next succeeding first day of July, the term of employment of, and any contract of employment with, the superintendent of schools, or any associate, deputy, or assistant superintendent of schools of the district, and reelect or reemploy the employee, on those terms and conditions as may be mutually agreed upon by the board and the employee, for a new term to commence on the effective date of the termination of the existing term of employment. In the event the governing board of a school district determines the superintendent of schools of the district, or deputy, associate, or assistant superintendent of schools, or employee in the senior management of the classified service is not to be reelected or reemployed as such upon the expiration of his or her term, he or she shall be given written notice thereof by the governing board at least 45 days in advance of the expiration of his or her term. In the event the governing board of a district fails to reelect or reemploy the superintendent of schools of the district, or deputy, associate, or assistant superintendent of schools, or employee in the senior management of the classified service as such and the written notice herein provided for has not been given, he or she shall be deemed reelected for a term of the same length as the one completed, and under the same terms and conditions and with the same compensation. The notice requirements of Section 44951 shall not apply to persons to whom this section applies. (Amended by Stats. 1987, Ch. 1452, Sec. 184.5.)
  5. 35032.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may increase certain superintendent salaries during the school year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35032. Notwithstanding Section 35031, the governing board of a school district may at any time during any school year increase the salaries of any district superintendent of schools and deputy, associate, or assistant superintendent of schools without terminating the term of employment of, and reelecting or reemploying, such employee and such increase may be effective on any date ordered by the governing board. (Enacted by Stats. 1976, Ch. 1010.)
  6. 35033.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A unified school district board may elect certain existing elementary-district superintendents to superintendent-related positions for a four-year term, and a qualifying person may serve without the otherwise required certification document.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35033. If a unified school district is formed pursuant to Chapter 2 (commencing with Section 4200) of Part 3, of Division 1 of Title 1 to include all the territory of one or more elementary school districts, the governing board of the unified district may elect and reelect as district superintendent of schools of the unified district, or as deputy, associate, or assistant superintendent of schools of the unified district, for a four-year term, a person employed as district superintendent of schools of one of such elementary school districts at the time of the formation of the unified school district. The person may perform service in the position for the unified district for the term to which he is elected or reelected without possessing the certification document otherwise required if he has served continuously as district superintendent of the elementary district for at least 10 years prior to the formation of the unified district and if he is elected as district superintendent of schools of the unified district or as deputy, associate or assistant superintendent of schools of the unified district pursuant to this section. (Enacted by Stats. 1976, Ch. 1010.)
  7. 35034.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A county superintendent of schools may be employed as superintendent of a unified school district if the stated county-area conditions are met and the certification requirement is satisfied, with limited grandfathered exceptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35034. (a) Where the entire area of a county is included within one unified school district or where the entire area of a county is included within one unified school district except for the portions of the county that are included in a school district that is under the jurisdiction of the county superintendent of schools of another county, the county superintendent of schools may be employed as the superintendent of schools of the unified school district; provided he or she is the holder of a certification document authorizing him or her to perform those services. If a county superintendent of schools is employed as the superintendent of schools of a unified school district, he or she may be paid the salary, in addition to that provided by law for his office of county superintendent of schools, that he or she and the governing board of the unified school district may agree upon. (b) Any county superintendent of schools who was employed as a district superintendent of a unified school district on or before September 20, 1963, may continue to perform those services without possessing the certification document otherwise required so long as he or she remains continuously employed or reemployed in his or her position. (c) Where the entire area of a county is included within one unified school district except for the portions of the county that are included in a school district that is under the jurisdiction of the county superintendent of schools of another county, the person who was county superintendent of schools at the time the unified school district was formed may be employed as the superintendent of schools of the unified school district without possessing the certification document otherwise required so long as he or she remains continuously employed or reemployed in his or her position. (Amended by Stats. 1987, Ch. 1452, Sec. 185.)
  8. 35035.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The superintendent of each school district has specific powers and duties over district administration, budgeting, the local control and accountability plan, employee assignments, teacher transfers, contracts, and financial reporting.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35035. The superintendent of each school district shall, in addition to other powers and duties granted to or imposed upon him or her: (a) Be the chief executive officer of the governing board of the school district. (b) Except in a school district where the governing board has appointed or designated an employee other than the superintendent, or a deputy, or assistant superintendent, to prepare and submit a budget, prepare and submit to the governing board of the school district, at the time it may direct, the budget of the school district for the next ensuing school year, and revise and take other action in connection with the budget as the governing board of the school district may desire. (c) Be responsible for the preparation and submission to the governing board of the school district, at the time the governing board may direct, the local control and accountability plan of the school district for the subsequent school year, and revise and take other action in connection with the local control and accountability plan as the governing board of the school district may desire. (d) Except in a school district where the governing board has appointed or designated an employee other than the superintendent, or a deputy, or assistant superintendent, ensure that the local control and accountability plan is implemented. (e) Subject to the approval of the governing board of the school district, assign all employees of the school district employed in positions requiring certification qualifications to the positions in which they are to serve. This power to assign includes the power to transfer a teacher from one school to another school at which the teacher is certificated to serve within the school district when the superintendent concludes that the transfer is in the best interest of the school district. (f) Upon adoption by the school district board of a school district policy concerning transfers of teachers from one school to another school within the school district, have authority to transfer teachers consistent with that policy. (g) Determine that each employee of the school district in a position requiring certification qualifications has a valid certificated document registered as required by law authorizing him or her to serve in the position to which he or she is assigned. (h) Enter into contracts for and on behalf of the school district pursuant to Section 17604. (i) Submit financial and budgetary reports to the governing board of the school district as required by Section 42130. (Amended by Stats. 2015, Ch. 303, Sec. 72. (AB 731) Effective January 1, 2016.)
  9. 35036.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A school district superintendent may not transfer a requesting teacher to certain low-ranked schools if the principal رفضs the transfer, and a school district governing board may not adopt rules or agreements that give transfer-requesting teachers priority over other qualified applicants after April 15 of the prior school year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35036. (a) Notwithstanding subdivision (d) of Section 35035, the superintendent of a school district may not transfer a teacher who requests to be transferred to a school offering kindergarten or any of grades 1 to 12, inclusive, that is ranked in deciles 1 to 3, inclusive, on the Academic Performance Index if the principal of the school refuses to accept the transfer. (b) The governing board of a school district may not adopt a policy or regulation, or enter into a collective bargaining agreement, that assigns, after April 15 of the school year prior to the school year in which the transfer would become effective, priority to a teacher who requests to be transferred to another school over other qualified applicants who have applied for positions requiring certification qualification at the school. (c) The prohibitions in this section shall become operative on January 1, 2007. If the prohibitions in this section are in direct conflict with the terms of a collective bargaining agreement in effect on January 1, 2007, the prohibitions of this section shall become operative on the employees governed by that agreement upon its expiration. (Added by Stats. 2006, Ch. 518, Sec. 1. Effective January 1, 2007.)
  10. 35038.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    If the board does not elect a clerk on time, or if a clerk vacancy occurs (subject to Section 35039), the county superintendent must appoint a governing board member to serve as district clerk.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35038. In any district the governing board of which is required to elect a clerk, the superintendent of schools of the county shall appoint one of the members of the governing board to fill the office of district clerk if a clerk is not elected by the governing board on the date prescribed, or if, except as provided in Section 35039, a vacancy occurs in the position of district clerk. (Enacted by Stats. 1976, Ch. 1010.)
  11. 35039.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    If a district clerk refuses to do required duties, the board may dismiss the clerk and appoint another member clerk, and must immediately notify the county superintendent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35039. If the clerk of the district refuses to perform the duties prescribed in Section 35250 or by the governing board, the board may at a regular meeting dismiss him and appoint another member clerk. It shall immediately notify the superintendent of schools of the county of its action. (Enacted by Stats. 1976, Ch. 1010.)
  12. 35041.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A school district board may appoint an administrative adviser, set the adviser’s compensation, and the adviser must provide administrative and litigation-support duties. The employee must be admitted to practice law in the state and does not have to meet certification qualifications.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35041. Anything in a city, county, or city and county charter to the contrary notwithstanding, the governing board or boards of any school district may appoint an administrative adviser and fix and order paid his compensation. The duties of the administrative adviser are to render administrative advice to the superintendent of schools and to other officers and employees of the school district such other administrative duties as may be assigned by the superintendent of schools and the governing board of the district, and to assist the legal counsel of the district in the preparation and conduct of school district litigation. The employee shall have been admitted to practice law in the state, and shall not be required to have any certification qualifications. (Enacted by Stats. 1976, Ch. 1010.)
  13. 35041.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A school district may make reasonable efforts to appoint a selective service registrar at each high school and to inform certain enrolled pupils about Selective Service obligations and registration.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35041.3. (a) A governing board of a school district should, but is not required to, make every reasonable effort to appoint a selective service registrar for each high school. The selective service registrar may be an employee of the high school where he or she is appointed or a school volunteer who is 18 years of age or older. The duty of the selective service registrar is to help pupils subject to the federal Military Selective Service Act (50 U.S.C. App. 451 et seq.) enrolled in the high school register in accordance with that act. (b) A school district should, but is not required to, make every reasonable effort to inform pupils enrolled with the district who are subject to the federal Military Selective Service Act (50 U.S.C. App. 451 et seq.) of all of the following: (1) The importance of meeting one’s Selective Service obligations. (2) The consequences of not registering as required under the federal Military Selective Service Act. (3) How to register with the Selective Service. (Added by Stats. 1999, Ch. 189, Sec. 2. Effective January 1, 2000.)
  14. 35041.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district and county education officials may appoint legal counsel and pay the counsel’s compensation, and the same county board and county superintendent must appoint the same counsel.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35041.5. Anything in a city, county, or city and county charter to the contrary notwithstanding, the governing board or boards of any school district may, in lieu of appointing an administrative advisor pursuant to Section 35041, or any county board of education or any county superintendent of schools may, appoint a legal counsel and fix and order paid the counsel’s compensation as an employee or as an independent contractor. The duties of the legal counsel may include rendering legal advice to the superintendent of schools, the county board of education, and to other officers and employees of the school district or districts and other administrative duties as may be assigned by the superintendent of schools, the county board of education, and the governing board of the district or governing boards of the districts, and serving as the legal counsel of the superintendent of schools, the county board of education, and the district or districts in the preparation and conduct of school district litigation and administrative proceedings, and rendering advice in relation to school bond and tax increase measures and prepare all legal papers and forms necessary for the voting of school bonds and tax increase measures in the district or districts. The legal counsel shall have been admitted to practice law in the state, and shall not be required to have any certification qualifications. The term “legal counsel” as used herein includes a solo practitioner, partnership, or a law corporation. The county board of education and the superintendent of schools of the same county shall appoint the same legal counsel. (Amended by Stats. 1992, Ch. 697, Sec. 3. Effective January 1, 1993.)
  15. 35044.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Each school district’s governing board must pay the travel expenses of board representatives when they are carrying out services directed by the board.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35044. The governing board of each school district shall provide for the payment of the traveling expenses of any representatives of the board when performing services directed by the board. (Enacted by Stats. 1976, Ch. 1010.)
  16. 35045.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board with at least 10,000 average daily attendance may appoint a director of school building planning.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35045. The governing board of any school district having an average daily attendance of 10,000 or more may appoint a director of school building planning, who shall be a person qualified by training, experience and demonstrated ability to manage the building, construction and contracting business of the district. The director shall be responsible for the coordination of the building program of the district and shall advise the superintendent of schools and other employees of the district with respect to the negotiation and performance of school building construction contracts let by the governing board of the school district. (Enacted by Stats. 1976, Ch. 1010.)
  17. 35046.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may award or renew consultancy contracts for eligible retired certificated employees, and those hired under the contract are treated as employees subject to Section 23919’s earnings limit.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. School Districts [35000 - 35046] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Officers and Agents [35020 - 35046] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35046. (a) The governing board of a school district may award consultancy contracts to retired certificated employees of the school district or of the county superintendent of schools who have been employed by the school district or by the county superintendent of schools for at least 10 years and who are at least 55 years of age. (b) The governing board of a school district may enter into a contract with a retired certificated employee who has been employed by the school district or by the county superintendent of schools at least 10 years and who is at least 55 years of age whereby the retired employee is granted a consultancy contract with the school district, which contract is renewable on an annual basis for up to five years or until the retired employee reaches age 65, whichever comes first. (c) Persons hired by a consultancy contract as authorized by this section are considered employees and are subject to the earnings limitation provided in Section 23919. (Amended by Stats. 1977, Ch. 355.)
  18. 35100.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    County superintendents must appoint an interim governing board for newly formed school districts within 15 days, with special rules for districts spanning two or more counties.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 35100. Within 15 days after the action necessary for the formation of any elementary school district or high school district is completed, the county superintendent of schools shall appoint an interim governing board. Within 15 days after the action necessary for the formation of any joint or joint union elementary school or high school district is completed, the county superintendent of schools having jurisdiction over the district shall appoint a majority of the members of an interim governing board. If the new district is in two counties, the other county superintendent shall appoint the rest of the interim governing board members within such 15-day period. If the new district is in more than two counties, the other county superintendents shall appoint the rest of the interim governing board members within such 15-day period as may be agreed upon by them. If they cannot agree within such 15-day period, the county superintendent who appointed the majority of the interim governing board members shall appoint the rest of the members. The term of each governing board member so appointed shall expire on the April 1st following the election of the first elected governing board of the district. If a majority of the members of the interim governing board of the school district is not appointed and qualified within such 15-day period, the county superintendent of schools having the power to appoint the interim governing board, or a majority thereof, shall assume the powers and duties belonging to the governing board until a majority of the governing board is selected and qualified. (Enacted by Stats. 1976, Ch. 1010.)
  19. 35101.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For newly formed unified school districts, the county superintendent must call the first governing board election and the first board meeting, and the first board members take office when the election canvass is certified.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 35101. In newly formed unified school districts there shall be no interim governing board, but the county superintendent of schools having jurisdiction over the particular district shall call an election for the purpose of choosing the first governing board of the district. The election shall be held on the first Tuesday after the first Monday in March, June, or November next succeeding the call. The first members of the governing board of the district shall take office on the day the canvass of the election is certified by the county superintendent of schools. The first meeting of the governing board shall be called by the county superintendent of schools not later than the third Monday following the election. The term of office of subsequent members of the board shall begin on April 1st following their election. (Amended by Stats. 1977, Ch. 36.)
  20. 35102.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    After a newly formed district’s interim or initial board is appointed or elected, the county superintendent must call a board meeting within 20 days and give each board member at least 10 days’ notice by registered mail.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 35102. Within 20 days after the appointment or election of the interim or initial governing board of any newly formed district, the county superintendent of schools having jurisdiction over the district shall call a meeting of the board, by giving each member of the board at least 10 days’ notice of such meeting by registered mail. At the meeting the board shall appoint such officers as boards of its class are required to appoint at annual meetings pursuant to Article 3 (commencing with Section 35140) of Chapter 2 of this division, name the district pursuant to Article 1 (commencing with Section 35000) of Chapter 1 of this part and may conduct or transact any other business relating to the affairs of the district which can properly be conducted or transacted at a regular meeting of the board. (Enacted by Stats. 1976, Ch. 1010.)
  21. 35103.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In certain newly formed districts, a governing board member election must be held on a specified March date, and the initial terms begin April 1 while predecessors’ terms end March 31.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 35103. In newly formed districts for which an interim governing board is appointed by the county superintendent of schools, a governing board member election shall be held: (a) When the action necessary for the formation of a new school district is completed on or before the first of January of any odd-numbered year, on the first Tuesday after the first Monday in March of such year. (b) When the action necessary for the formation of a new school district is completed after the first of February of any year, whether even numbered or odd numbered, on the first Tuesday after the first Monday in March of the next succeeding year. The terms of the members elected at the initial election shall begin on the first day of April, and the terms of their predecessors shall expire on the 31st day of March, following the election. (Enacted by Stats. 1976, Ch. 1010.)
  22. 35105.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Sets the term lengths for members of the first elected board of a newly formed school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 35105. Subject to the procedures prescribed by Section 1302.2 of the Elections Code with respect to newly formed unified school districts, the majority of members of the first elected board of any newly formed school district, the members of which majority received the highest number of votes, shall serve until the first Friday in December of the second succeeding odd-numbered year. The other members’ terms shall expire on the first Friday in December of the first succeeding odd-numbered year. All of these members shall continue in office until their successors are elected and qualified. (Amended by Stats. 2006, Ch. 538, Sec. 102. Effective January 1, 2007.)
  23. 35106.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A board member of a reorganized school district stops serving on the old board when taking office on the new district’s initial or interim board, unless the member chooses to stay on the old board.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 35106. When a member of the governing board of a school district which is being reorganized and which will cease to exist takes office as a member of the initial or interim governing board of a newly formed school district, he or she shall cease to be a member of the governing board of the district being reorganized unless he or she elects to remain a member of that board. If the member does not elect to remain on the board of the district being reorganized, the county board of education shall then appoint another person who is eligible to serve on the governing board of the district being reorganized to the vacant position for the duration of the existence of the district being reorganized, but in no case for longer than 12 months. (Amended by Stats. 2000, Ch. 1058, Sec. 16. Effective January 1, 2001.)
  24. 35107.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets who can serve on a school district governing board, bars district employees from taking office unless they resign, allows term-limit proposals, and requires board members to abstain from certain votes involving relatives.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Membership [35100 - 35107] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 35107. (a) Any person, regardless of sex, who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and who is not disqualified by the Constitution or laws of the state from holding a civil office, is eligible to be elected or appointed a member of a governing board of a school district without further qualifications. (b) (1) An employee of a school district may not be sworn into office as an elected or appointed member of that school district’s governing board unless and until he or she resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being sworn into office. (2) For any individual who is an employee of a school district and an elected or appointed member of that school district’s governing board prior to January 1, 1992, this subdivision shall apply when he or she is reelected or reappointed, on or after January 1, 1992, as a member of the school district’s governing board. (c) Notwithstanding any other provision of law, the governing board of a school district may adopt or the residents of the school district may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the governing board of the school district may serve on the governing board of the school district. Any proposal to limit the number of terms a member of the governing board of the school district may serve on the governing board of the school district shall apply prospectively only and shall not become operative unless it is submitted to the electors of the school district at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. (d) (1) An initiative measure proposed pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code. (2) A proposal submitted to the electors by the governing board pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 6 (commencing with Section 9500) of Division 9 of the Elections Code. (e) A member of the governing board of a school district shall abstain from voting on personnel matters that uniquely affect a relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. For purposes of this section, “relative” means an adult who is related to the person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree. (Amended by Stats. 1995, Ch. 879, Sec. 6. Effective January 1, 1996.)
  25. 35110.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Common Governing Boards [35110 - 35113] ( Article 1.5 added by Stats. 1982, Ch. 22, Sec. 1. )

    Verify source ↗

    A board may adopt a resolution to apply this article to each district under its jurisdiction if the two boards have the same membership and the certificated employees in both districts have chosen the same exclusive representative.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Common Governing Boards [35110 - 35113] ( Article 1.5 added by Stats. 1982, Ch. 22, Sec. 1. ) ## 35110. When the membership of the governing boards of an elementary school district and a high school district is the same, and if the certificated employees in both districts have selected the same employee organization to be their exclusive representative for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the board may adopt a resolution making the provisions of this article applicable to each district under its jurisdiction. (Added by Stats. 1982, Ch. 22, Sec. 1.)
  26. 35111.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Common Governing Boards [35110 - 35113] ( Article 1.5 added by Stats. 1982, Ch. 22, Sec. 1. )

    Verify source ↗

    If a governing board adopts the Section 35110 resolution, the affected school districts have to publish annual general-fund income and expense information, and the board has to authorize specific transfers at final budget adoption.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Common Governing Boards [35110 - 35113] ( Article 1.5 added by Stats. 1982, Ch. 22, Sec. 1. ) ## 35111. (a) Except as provided in subdivisions (b) and (c), when a governing board has adopted a resolution specified in Section 35110, the elementary school district and the high school district shall be deemed to be a single school district for all purposes, including, but not limited to, budget and personnel matters, and the governing board shall be deemed to be the governing board of a single school district. (b) When a governing board has adopted a resolution pursuant to Section 35110, the school districts under its jurisdiction shall continue to be treated as separate school districts for purposes of computing state apportionments and allowances, and allocations of local property tax revenue. (c) When a governing board has adopted a resolution pursuant to Section 35110, the school districts under its jurisdiction shall continue to hold title to the property of each district separately and any indebtedness for such property shall remain in the indebtedness of each separate district. (d) When a governing board has adopted a resolution pursuant to Section 35110, the school districts under its jurisdiction shall publish annually, in a newspaper of local circulation, the general fund income and expenses of both districts. The publication documents shall indicate the amount transferred to each district pursuant to Section 35112 from the combined special reserve of both districts. The governing board shall adopt a resolution authorizing the specific transfers pursuant to Section 35112 at the time of the final budget adoption. (e) For the purpose of Section 53892.1 of the Government Code, common governing boards, as described in Section 35110, shall be reported as one single educational entity. (Amended by Stats. 1987, Ch. 917, Sec. 8.)
  27. 35112.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Common Governing Boards [35110 - 35113] ( Article 1.5 added by Stats. 1982, Ch. 22, Sec. 1. )

    Verify source ↗

    After a governing board adopts the required resolution, the school districts under its jurisdiction may transfer funds between those districts, subject to the California Constitution.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Common Governing Boards [35110 - 35113] ( Article 1.5 added by Stats. 1982, Ch. 22, Sec. 1. ) ## 35112. When a governing board has adopted a resolution pursuant to Section 35110, the school districts under its jurisdiction may transfer funds between the districts to the extent permitted by Section 6 of Article XVI of the California Constitution. (Added by Stats. 1982, Ch. 22, Sec. 1.)
  28. 35113.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Common Governing Boards [35110 - 35113] ( Article 1.5 added by Stats. 1982, Ch. 22, Sec. 1. )

    Verify source ↗

    If a governing board adopts the resolution described in Section 35110, each employee’s length of service must be counted from the original date of employment with either school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Common Governing Boards [35110 - 35113] ( Article 1.5 added by Stats. 1982, Ch. 22, Sec. 1. ) ## 35113. When a governing board has adopted a resolution pursuant to Section 35110, the length of service of each employee shall be counted from the original date of employment by either school district under the jurisdiction of the governing board. (Added by Stats. 1982, Ch. 22, Sec. 1.)
  29. 35120.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Officers and Agents [35120 - 35124] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets different monthly compensation rules for school district board members and allows certain payments to pupil members.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Officers and Agents [35120 - 35124] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 35120. (a) (1) In a school district in which the average daily attendance for the prior school year exceeded 250,000, each regular member of the governing board of the school district who attends all meetings held may receive as compensation for the regular member’s services a salary as set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee. (2) In a school district that is not located in a city and county, and in which the average daily attendance for the prior school year exceeded 60,000, the governing board may prescribe, as compensation for the services of each regular member of the board who attends all meetings held, a sum not to exceed four thousand five hundred dollars ($4,500) in any month. (3) In a school district in which the average daily attendance for the prior school year was 60,000 or less, but more than 25,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular member’s services a sum not to exceed three thousand dollars ($3,000) in any month. (4) In a school district in which the average daily attendance for the prior school year was 25,000 or less, but more than 10,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular member’s services a sum not to exceed two thousand dollars ($2,000) in any month. (5) In a school district in which the average daily attendance for the prior school year was 10,000 or less, but more than 1,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular member’s services a sum not to exceed one thousand two hundred dollars ($1,200) in any month. (6) In a school district in which the average daily attendance for the prior school year was 1,000 or less, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular member’s services a sum not to exceed six hundred dollars ($600) in any month. (7) A regular member or pupil member who does not attend all meetings held in any month may receive, as compensation for the regular member’s or pupil member’s services, an amount not greater than the maximum amount allowed by this subdivision or paragraph (2) of subdivision (f), as applicable, divided by the number of meetings held and multiplied by the number of meetings attended. (8) For purposes of providing compensation pursuant to paragraphs (1) to (6), inclusive, average daily attendance for the prior school year may be increased by a school district’s percentage of excused absences reported for the 1996–97 fiscal year. (b) The compensation of regular members of the governing board of a school district newly organized or reorganized shall be governed by subdivision (a). For this purpose, the total average daily attendance in all of the schools of the school district in the school year in which the organization or reorganization became effective shall be considered the average daily attendance in the school district for the prior school year. (c) A pupil member or regular member may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that at the time of the meeting the member is performing services outside the meeting for the school district or districts, the member was ill or on jury duty, or the absence was due to a hardship considered acceptable by the board. (d) Compensation provided pursuant to this section shall be a charge against the funds of the school district. If the city board of education or the governing board of the school district is the governing board of more than one school district, the compensation shall be charged against and paid by the respective school districts in the same proportion as the salary of the city superintendent of schools is charged against them. Compensation shall be reduced by an amount equal to any salary or compensation paid to the members of the city board of education from any funds of the city. (e) On an annual basis, the governing board may increase the compensation of regular members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. An increase made pursuant to this subdivision shall be effective upon approval by the governing board. (f) The governing board of a school district may award a pupil member either or both of the following: (1) Elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided. (2) Monthly financial compensation as determined by the governing board. (g) As used in this section, the following definitions apply: (1) “Pupil member” means a pupil board member appointed pursuant to subdivision (d) of Section 35012. (2) “Regular member” means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive, of Section 35012. (Amended by Stats. 2025, Ch. 639, Sec. 2. (AB 1390) Effective January 1, 2026.)
  30. 35120.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Officers and Agents [35120 - 35124] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Compensation paid to a pupil member is not counted as income or resources for certain means-tested programs and specified scholarships, and the State Department of Social Services may use all-county letters to implement the section until regulations are adopted.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Officers and Agents [35120 - 35124] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 35120.1. (a) Notwithstanding any other law, and to the extent permitted by federal law, any compensation awarded to a pupil member pursuant to subdivision (f) of Section 35120 shall not be considered as income or resources when determining eligibility and benefit amount for any means-tested program, including, but not limited to, CalWORKs, General Assistance, Medi-Cal, and Cash Assistance Program for Immigrants (CAPI), and any scholarships for public colleges and universities, including, but not limited to, Cal Grant awards, Chafee grant awards, Middle Class Scholarship Program awards, California College Promise Grants, California State University Educational Opportunity Program (EOP) grants, Community College Extended Opportunity Programs and Services (EOPS) grants, and grants from the University of California or the California State University. (b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section for programs under its jurisdiction by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations. (c) This section shall apply to programs under the jurisdiction of the State Department of Social Services beginning on the date that the State Department of Social Services notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this section for those programs. The department shall issue guidance as necessary to begin automation no later than July 1, 2026. (Added by Stats. 2025, Ch. 686, Sec. 2. (AB 320) Effective January 1, 2026.)
  31. 35121.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Officers and Agents [35120 - 35124] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In certain qualifying school districts, trustees may appoint a clerk, and the board may set the clerk’s salary up to $25 per month for the two districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Officers and Agents [35120 - 35124] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 35121. In any school district organized under the provisions of Section 35502 and which is also a high school district, and which districts are governed by a board of school trustees, and which districts have an average daily attendance in the elementary school district of at least 800, as shown by the last report of the principal of schools in the elementary school district, on file in the office of the county superintendent of schools, the trustees of the school district may appoint a clerk, who shall not be one of their own number, to act for the elementary district trustees and the high school district trustees to hold office at the pleasure of the board of trustees. The board may fix the salary of the clerk at a sum not exceeding twenty-five dollars ($25) per month for the two districts, which shall be paid in the same manner and from the same funds as other incidental expenses of the districts are paid. (Enacted by Stats. 1976, Ch. 1010.)
  32. 35124.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Officers and Agents [35120 - 35124] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A superintendent of schools for a unified school district that matches a city and county boundary has the powers and duties given by the Education Code for that class of school district, and also performs the county superintendent’s duties. The board of education fixes and pays the superintendent’s compensation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Officers and Agents [35120 - 35124] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 35124. The superintendent of schools of a unified school district that is coterminous with the boundaries of a city and county shall have all the powers and duties set forth in this code for a superintendent of any school district of the class of school that is included within the unified school district and also shall perform the duties of the county superintendent. The superintendent shall have his or her compensation fixed and ordered paid by the board of education, anything in a city, county, or city and county charter to the contrary notwithstanding. (Amended by Stats. 1987, Ch. 1452, Sec. 194.)
  33. 35140.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board must set the time and place of its regular meetings by rule and regulation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35140. Subject to the provisions of this article the governing board of any school district shall by rule and regulation fix the time and place for its regular meetings. Such action shall be proper notice to all members of the board of the regular meetings. (Enacted by Stats. 1976, Ch. 1010.)
  34. 35141.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain high school district governing boards must hold regular meetings monthly or quarterly, depending on the district type.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35141. The governing board of any union or joint union high school district, shall hold its regular meetings either monthly or quarterly. The governing board of any other high school district, shall hold its regular meetings monthly. (Enacted by Stats. 1976, Ch. 1010.)
  35. 35142.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A high school district governing board must set the times for its regular meetings through rules and regulations it adopts for its own government, subject to Section 35141.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35142. Subject to the provisions of Section 35141, the times at which the regular meetings of the governing board of a high school district are to be held shall be prescribed by the rules and regulations adopted by such board for its own government. (Enacted by Stats. 1976, Ch. 1010.)
  36. 35143.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must hold an annual organizational meeting and follow the stated timing, notice, and officer-election rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35143. (a) The governing board of each school district shall hold an annual organizational meeting. In a year in which a regular election for governing board members is conducted, the meeting shall be held on a day within a 15-day period that commences with the second Friday in December following the regular election. Organizational meetings in years in which no such regular election for governing board members is conducted shall be held on any date in December, but no later than December 20. Unless otherwise provided by rule of the governing board, the day and time of the annual meeting shall be selected, in a year in which a regular election for governing board members is conducted, by the board at its regular meeting held immediately before the first day of such 15-day period, or in a year in which no such regular election for governing board members is conducted, by the board at its last regular meeting held immediately before the organizational meeting. The board shall notify the county superintendent of schools of the day and time selected. The clerk of the board shall, within 15 days before the date of the annual meeting, notify in writing all members and members-elect of the date and time selected for the meeting. (b) If the board fails to select a day and time for the meeting, the county superintendent of schools having jurisdiction over the district shall, before the first day of such 15-day period and after the regular meeting of the board held immediately before the first day of such 15-day period, designate the day and time of the annual meeting. The day designated shall be within the 15-day period. The county superintendent of schools shall notify in writing all members and members-elect of the date and time. (c) At the annual meeting the governing board of each high school district, union high school district, and joint union high school district shall organize by electing a president from its members and a clerk. (d) At the annual meeting each city board of education shall organize by electing a president from its members. (e) At the annual meeting the governing board of each other type of school district, except a community college district, shall elect one of its members clerk of the district. (f) As an alternative to the procedures set forth in this section, a city board of education whose members are elected in accordance with a city charter for terms of office commencing in December, may hold its annual organizational meeting required in this section between December 15 and January 14, inclusive, as provided in rules and regulations that shall be adopted by such board. At the annual meeting the city board of education shall organize by electing a president and vice president from its members who shall serve in such office during the period January 15 next to the following January 14, unless removed from such office by majority vote of all members of the city board of education. (Amended by Stats. 2021, Ch. 666, Sec. 24. (AB 486) Effective January 1, 2022.)
  37. 35144.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board special meeting may be called by the presiding officer or a majority of members, with written notice and posting requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35144. A special meeting of the governing board of a school district may be called at any time by the presiding officer of the board, or by a majority of the members thereof, by delivering personally or by mail written notice to each member of the board, and to each local newspaper of general circulation, radio, or television station requesting notice in writing. The notice shall be delivered personally or by mail at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at those meetings by the governing board. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the board a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public and district employees. (Amended by Stats. 1986, Ch. 641, Sec. 1.)
  38. 35145.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing board meetings must be open to the public, minutes must be kept, and agendas must be posted.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35145. All meetings of the governing board of any school district shall be open to the public and shall be conducted in accordance with Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code. All actions authorized or required by law of the governing board shall be taken at the meetings and shall be subject to the following requirements: (a) Minutes shall be taken at all of those meetings, recording all actions taken by the governing board. The minutes are public records and shall be available to the public. (b) An agenda shall be posted by the governing board, or its designee, in accordance with the requirements of Section 54954.2 of the Government Code. Any interested person may commence an action by mandamus or injunction pursuant to Section 54960.1 of the Government Code for the purpose of obtaining a judicial determination that any action taken by the governing board in violation of this subdivision or Section 35144 is null and void. (Amended by Stats. 1987, Ch. 1452, Sec. 196.)
  39. 35145.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must let the public address regular meetings on items within the board’s jurisdiction and must adopt reasonable rules to make that happen.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35145.5. It is the intent of the Legislature that members of the public be able to place matters directly related to school district business on the agenda of school district governing board meetings. Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the governing board on any item of interest to the public, before or during the governing board’s consideration of the item, that is within the subject matter jurisdiction of the governing board. Governing boards shall adopt reasonable regulations to insure that this intent is carried out. The regulations may specify reasonable procedures to insure the proper functioning of governing board meetings. This subdivision shall not preclude the taking of testimony at regular meetings on matters not on the agenda which any member of the public may wish to bring before the board, provided that, except as authorized by Section 54954.2 of the Government Code, no action is taken by the board on those matters at the same meeting at which the testimony is taken. Nothing in this paragraph shall be deemed to limit further discussion on the same subject matter at a subsequent meeting. (Amended by Stats. 1994, Ch. 239, Sec. 1. Effective July 21, 1994.)
  40. 35146.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board must hold a closed session for certain pupil discipline matters unless the pupil or parent timely asks for a public hearing, and the board must give written notice before the closed session.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35146. Notwithstanding the provisions of Section 35145 of this code and Section 54950 of the Government Code, the governing body of a school district shall, unless a request by the parent has been made pursuant to this section, hold closed sessions if the board is considering the suspension of, or disciplinary action or any other action except expulsion in connection with any pupil of the school district, if a public hearing upon such question would lead to the giving out of information concerning school pupils which would be in violation of Article 5 (commencing with Section 49073) of Chapter 6.5 of Part 27 of this code. Before calling such closed session of the governing board of the district to consider these matters, the governing board of the district shall, in writing, by registered or certified mail or by personal service, if the pupil is a minor, notify the pupil and his or her parent or guardian, or the pupil if the pupil is an adult, of the intent of the governing board of the district to call and hold such closed session. Unless the pupil, or his or her parent, or guardian shall, in writing, within 48 hours after receipt of such written notice of intention, request that the hearing of the governing board be held as a public meeting, then the hearing to consider such matters shall be conducted by the governing board in closed session. If such written request is served upon the clerk or secretary of the governing board, the meeting shall be public except that any discussion at such meeting that might be in conflict with the right to privacy of any pupil other than the pupil requesting the public meeting or on behalf of whom such meeting is requested, shall be in closed session. Whether the matter is considered at a closed session or at a public meeting, the final action of the governing board of the school district shall be taken at a public meeting and the result of such action shall be a public record of the school district. (Amended by Stats. 1980, Ch. 1284, Sec. 1.)
  41. 35147.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain councils and committees must hold public meetings, give 72-hour notice with an agenda, and follow limits on taking action on items not on the agenda.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35147. (a) Except as specified in this section, any meeting of the councils or committees specified in subdivision (b) is exempt from the provisions of this article, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Division 3 of Title 2 of the Government Code), and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code). (b) The councils and advisory committees established pursuant to Sections 52063, 52069, and 52176, subdivision (b) of Section 54425, Sections 54444.2, 56190, 62002.5, and 65000, and the committees formed pursuant to Section 11503 are subject to this section. (c) (1) Any meeting held by a council or committee specified in subdivision (b) shall be open to the public, and any member of the public shall be able to address the council or committee during the meeting on any item within the subject matter jurisdiction of the council or committee. Notice of the meeting shall be posted at the schoolsite, or other appropriate place accessible to the public, at least 72 hours before the time set for the meeting. The notice shall specify the date, time, and location of the meeting and contain an agenda describing each item of business to be discussed or acted upon. The council or committee may not take any action on any item of business unless that item appeared on the posted agenda or unless the council or committee members present, by unanimous vote, find that there is a need to take immediate action and that the need for action came to the attention of the council or committee subsequent to the posting of the agenda. (2) Questions or brief statements made at a meeting by members of the council, committee, or public that do not have a significant effect on pupils or employees in the school or school district, or that can be resolved solely by the provision of information, need not be described on an agenda as items of business. If a council or committee violates the procedural meeting requirements of this section, upon demand of any person, the council or committee shall reconsider the item at its next meeting, after allowing for public input on the item. (d) Any materials provided to a schoolsite council shall be made available to any member of the public who requests the materials pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended (as amended by Stats. 2021, Ch. 615, Sec. 67) by Stats. 2022, Ch. 301, Sec. 1. (SB 1057) Effective January 1, 2023.)
  42. 35149.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A newly elected or appointed school district governing board’s first meeting, and any required annual organizational meeting, counts as a regular meeting, and the board may conduct regular business there.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35149. The first meeting of any newly elected or appointed school district governing board, and any annual meeting required by law to be held by such board for purposes of its organization, shall be deemed a regular meeting of the board for purposes of any requirement of law that periodic meetings shall be held by such board, and the regular business of the board may be transacted at such a meeting. (Enacted by Stats. 1976, Ch. 1010.)
  43. 35150.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board cannot terminate a superintendent or assistant superintendent without cause at a special or emergency meeting, and cannot do so within 30 days after its first meeting after an election or recall. It may hold a regular meeting under Government Code Section 54954 for this purpose during a month when no regular meeting is scheduled.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Meetings [35140 - 35150] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 35150. (a) (1) The governing board of a school district shall not take action to terminate a superintendent or assistant superintendent of the school district, or both, without cause, at a special or emergency meeting of the governing board. (2) The governing board of a school district may hold a regular meeting pursuant to Section 54954 of the Government Code for the purpose of terminating a superintendent or assistant superintendent of the school district, or both, without cause, during any month in which a regular meeting of the governing board is not scheduled. (b) The governing board of a school district shall not terminate a superintendent or assistant superintendent of the school district, or both, without cause, within 30 days after the first convening of the governing board after an election at which one or more members of the governing board are elected or recalled. (Added by Stats. 2023, Ch. 875, Sec. 1. (SB 494) Effective January 1, 2024.)
  44. 35160.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may start and run programs or otherwise act, so long as it does not conflict with law or the purposes of school districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35160. On and after January 1, 1976, the governing board of any school district may initiate and carry on any program, activity, or may otherwise act in any manner which is not in conflict with or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which school districts are established. (Enacted by Stats. 1976, Ch. 1010.)
  45. 35160.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says school districts, county boards of education, and county superintendents of schools have broad authority to run activities and programs, including spending funds for those purposes, when they judge the activities are needed or desirable and consistent with the funds’ purposes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35160.1. (a) The Legislature finds and declares that school districts, county boards of education, and county superintendents of schools have diverse needs unique to their individual communities and programs. Moreover, in addressing their needs, common as well as unique, school districts, county boards of education, and county superintendents of schools should have the flexibility to create their own unique solutions. (b) In enacting Section 35160, it is the intent of the Legislature to give school districts, county boards of education, and county superintendents of schools broad authority to carry on activities and programs, including the expenditure of funds for programs and activities which, in the determination of the governing board of the school district, the county board of education, or the county superintendent of schools are necessary or desirable in meeting their needs and are not inconsistent with the purposes for which the funds were appropriated. It is the intent of the Legislature that Section 35160 be liberally construed to effect this objective. (c) The Legislature further declares that the adoption of this section is a clarification of existing law under Section 35160. (Added by Stats. 1987, Ch. 1452, Sec. 199.)
  46. 35160.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For Section 35160, “school district” includes county superintendents of schools and county boards of education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35160.2. For the purposes of Section 35160, “school district” shall include county superintendents of schools and county boards of education. This section shall be interpreted to be declaratory of existing law. (Added by Stats. 1986, Ch. 1124, Sec. 3.)
  47. 35160.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district boards with grades 7–12 must adopt and review policies on extracurricular/cocurricular participation and open enrollment, and must provide transportation assistance when federal law and a parent request require it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35160.5. (a) The governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, as a condition for the receipt of inflation adjustments pursuant to Section 42238.02, as implemented by Section 42238.03, shall establish a school district policy regarding participation in extracurricular and cocurricular activities by pupils in grades 7 to 12, inclusive. The criteria, which shall be applied to extracurricular and cocurricular activities, shall ensure that pupil participation is conditioned upon satisfactory educational progress in the previous grading period. (1) For purposes of this subdivision, “extracurricular activity” means a program that has all of the following characteristics: (A) The program is supervised or financed by the school district. (B) Pupils participating in the program represent the school district. (C) Pupils exercise some degree of freedom in either the selection, planning, or control of the program. (D) The program includes both preparation for performance and performance before an audience or spectators. (2) For purposes of this subdivision, an “extracurricular activity” is not part of the regular school curriculum, is not graded, does not offer credit, and does not take place during classroom time. (3) For purposes of this subdivision, a “cocurricular activity” is defined as a program that may be associated with the curriculum in a regular classroom. (4) A teacher-graded or required program or activity for a course that satisfies the entrance requirements for admission to the California State University or the University of California is not an extracurricular or cocurricular activity as defined by this section. (5) For purposes of this subdivision, “satisfactory educational progress” shall include, but not necessarily be limited to, both of the following: (A) Maintenance of minimum passing grades, which is defined as at least a 2.0 grade point average in all enrolled courses on a 4.0 scale. (B) Maintenance of minimum progress toward meeting the high school graduation requirements prescribed by the governing board. (6) For purposes of this subdivision, “previous grading period” does not include a grading period in which the pupil was not in attendance for all, or a majority of, the grading period due to absences excused by the school for reasons such as serious illness or injury, approved travel, or work. In that event, “previous grading period” means the grading period immediately before the grading period or periods excluded pursuant to this paragraph. (7) A program that has, as its primary goal, the improvement of academic or educational achievements of pupils is not an extracurricular or cocurricular activity as defined by this section. (8) (A) The governing board of each school district may adopt, as part of its policy established pursuant to this subdivision, provisions that would allow a pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), in the previous grading period to remain eligible to participate in extracurricular and cocurricular activities during a probationary period. The probationary period shall not exceed one semester in length, but may be for a shorter period of time, as determined by the governing board of the school district. A pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), during the probationary period shall not be allowed to participate in extracurricular and cocurricular activities in the subsequent grading period. (B) Notwithstanding subparagraph (A), the governing board of each school district may adopt a policy that would allow a probationary period to exceed one semester in length through the completion of the 2020–21 school year due to the impact of COVID-19. (9) This subdivision does not preclude the governing board of a school district from imposing a more stringent academic standard than that imposed by this subdivision. If the governing board of a school district imposes a more stringent academic standard, the governing board shall establish the criteria for participation in extracurricular and cocurricular activities at a meeting open to the public pursuant to Section 35145. (10) The governing board of each school district annually shall review the school district policies adopted pursuant to the requirements of this section. (b) (1) On or before July 1, 1994, the governing board of each school district, as a condition for the receipt of school apportionments from the State School Fund, shall adopt rules and regulations establishing a policy of open enrollment within the district for residents of the district. This requirement does not apply to a school district that has only one school or a school district with schools that do not serve any of the same grade levels. (2) The policy shall include all of the following elements: (A) It shall provide that the parent or guardian of each schoolage child who is a resident in the district may select the schools the child shall attend, irrespective of the particular locations of the child’s residence within the district, except that school districts shall retain the authority to maintain appropriate racial and ethnic balances among their respective schools at the school districts’ discretion or as specified in applicable court-ordered or voluntary desegregation plans. (B) It shall include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that selection of pupils to enroll in the school is made through a random, unbiased process that prohibits an evaluation of whether a pupil should be enrolled based upon the pupil’s academic or athletic performance. The governing board of a school district shall calculate the capacity of the schools in the district for purposes of this subdivision in a nonarbitrary manner using pupil enrollment and available space. However, school districts may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. This subdivision shall not be construed to prohibit school districts from using academic performance to determine eligibility for, or placement in, programs for gifted and talented pupils established pursuant to former Chapter 8 (commencing with Section 52200) of Part 28 of Division 4, as that chapter read on January 1, 2014. (C) It shall provide that a pupil who currently resides in the attendance area of a school shall not be displaced by pupils transferring from outside the attendance area. (3) Notwithstanding the requirement of subparagraph (B) of paragraph (2) that the policy include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that the selection is made through a random, unbiased process, the policy may include either of the following elements: (A) (i) It may provide that special circumstances exist that might be harmful or dangerous to a particular pupil in the current attendance area of the pupil, including, but not necessarily limited to, threats of bodily harm or threats to the emotional stability of the pupil, that serve as a basis for granting a priority of attendance outside the current attendance area of the pupil. A finding of harmful or dangerous special circumstances shall be based upon either of the following: (I) A written statement from a representative of the appropriate state or local agency, including, but not necessarily limited to, a law enforcement official or a social worker, or properly licensed or registered professionals, including, but not necessarily limited to, psychiatrists, psychologists, marriage and family therapists, clinical social workers, or professional clinical counselors. (II) A court order, including a temporary restraining order and injunction, issued by a judge. (ii) A finding of harmful or dangerous special circumstances pursuant to this subparagraph may be used by a school district to approve transfers within the district to schools that have been deemed by the school district to be at capacity and otherwise closed to transfers that are not based on harmful or dangerous special circumstances. (B) It may provide that schools receiving requests for admission shall give priority for attendance to siblings of pupils already in attendance in that school and to pupils whose parent or legal guardian is assigned to that school as their primary place of employment. (4) To the extent required and financed by federal law and at the request of the pupil’s parent or guardian, each school district shall provide transportation assistance to the pupil. (Amended by Stats. 2020, Ch. 64, Sec. 1. (AB 908) Effective September 11, 2020.)
  48. 35161.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may carry out delegated legal powers, must carry out legal duties, and may delegate those powers or duties to a district officer or employee.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35161. The governing board of any school district may execute any powers delegated by law to it or to the district of which it is the governing board, and shall discharge any duty imposed by law upon it or upon the district of which it is the governing board, and may delegate to an officer or employee of the district any of those powers or duties. The governing board, however, retains ultimate responsibility over the performance of those powers or duties so delegated. (Amended by Stats. 1987, Ch. 1452, Sec. 200.)
  49. 35162.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    The governing board may sue and be sued, and may hold and convey property for the school district’s use and benefit.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35162. In the name by which the district is designated the governing board may sue and be sued, and hold and convey property for the use and benefit of the school district. (Enacted by Stats. 1976, Ch. 1010.)
  50. 35163.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards must affirm official actions by formal vote, keep meeting minutes, and maintain a journal of proceedings recording each official act.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35163. Every official action taken by the governing board of every school district shall be affirmed by a formal vote of the members of the board, and the governing board of every school district shall keep minutes of its meetings, and shall maintain a journal of its proceedings in which shall be recorded every official act taken. (Enacted by Stats. 1976, Ch. 1010.)
  51. 35164.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    The governing board must act by majority vote of all its members.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35164. The governing board shall act by majority vote of all of the membership constituting the governing board. (Enacted by Stats. 1976, Ch. 1010.)
  52. 35165.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    For a seven-member school district governing board with no more than two vacancies, the vacant seats are not counted when figuring a majority, and they are excluded when the law requires unanimous action or a specific number of board members.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35165. Notwithstanding any other provision of law, if a school district governing board consists of seven (7) members and not more than two vacancies occur on the governing board, the vacant position or positions shall not be counted for purposes of determining how many members of the board constitute a majority; and, whenever any of the provisions of this code require unanimous action of all or a specific number of the members elected or appointed to the governing board, the vacant position or positions shall be excluded from determination of the total membership constituting the governing board. (Enacted by Stats. 1976, Ch. 1010.)
  53. 35166.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Each unified school district board has the same powers and duties as boards of elementary and high school districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35166. The governing board of each unified school district shall have the same powers and duties as are by law granted to the governing boards of the elementary school districts, and high school districts. (Enacted by Stats. 1976, Ch. 1010.)
  54. 35167.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    This section says that, unless another rule says otherwise, provisions of the code that apply to elementary and high school districts also apply to unified school districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35167. Except where otherwise provided, all of the provisions of this code applicable to the government, maintenance, support, functions, and administration of elementary and high school districts are applicable to the government, maintenance, support, and administration of unified school districts. (Amended by Stats. 1981, Ch. 714, Sec. 86.)
  55. 35168.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards must keep an inventory system for certain equipment and record disposal details; the Superintendent must update and publish the value threshold, and districts may estimate original cost if unknown.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35168. (a) (1) The governing board of a school district, shall establish and maintain a historical inventory, an audit trace inventory system, or any other inventory system authorized by the state board that shall contain the description, name, identification number, date of acquisition, location of use, and original cost, of each item of equipment acquired by the school district that has a current market value that exceeds one thousand five hundred dollars ($1,500) per item. (2) The governing board of a school district shall also include the date and manner of disposal for each item of equipment in the inventory system maintained pursuant to paragraph (1) upon disposal of the item. (3) For purposes of paragraph (1), if a school district does not know the original cost of an item, the school district may use a reasonable estimate of the original cost. (b) (1) The Superintendent shall biennially adjust the threshold market value identified in subdivision (a) by the percentage calculated pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the 12-month period ending in the prior fiscal year, rounded to the nearest fifty dollars ($50). (2) The Superintendent shall post the adjusted threshold market value calculated in paragraph (1) to the department’s internet website. (Amended by Stats. 2025, Ch. 62, Sec. 1. (AB 629) Effective January 1, 2026.)
  56. 35170.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A school district’s governing board may secure copyrights for copyrightable works developed by the district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35170. The governing board of any school district may secure copyrights, in the name of the district, to all copyrightable works developed by the school district, and royalties or revenue from said copyrights are to be for the benefit of the school district securing said copyrights. (Enacted by Stats. 1976, Ch. 1010.)
  57. 35171.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board must adopt and distribute reasonable rules and regulations for evaluating certificated employees’ performance in their assigned duties.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35171. The governing board of any school district shall adopt and cause to be printed and made available to each certificated employee of the district reasonable rules and regulations providing for the evaluation of the performance of certificated employees in their assigned duties. (Enacted by Stats. 1976, Ch. 1010.)
  58. 35172.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may carry out studies, display educational programs, inform district citizens, join education-related organizations, and send board members to meetings.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35172. The governing board of any school district may: (a) Conduct studies through research and investigation as are determined by it to be required in connection with the present and future management, conditions, needs, and financial support of the schools; or join with other school district governing boards in the conduct of such studies. (b) Install and maintain exhibits of educational programs and activities of the school district at any county fair held in the county in which the district is located in whole or in part, or at any agricultural district fair held in the county in which the school district is located in whole or in part. (c) Inform and make known to the citizens of the district, the educational programs and activities of the schools therein. (d) Subscribe for membership for any school under its jurisdiction in any society, association, or organization which has for its purpose the promotion and advancement of public or private education. (e) Subscribe for membership in, or otherwise become a member of, any national, state or local organization of governing boards of school districts or members thereof which has for its purposes the promotion and advancement of public education through research and investigation, and the cooperation with persons and associations whose interests and purposes are the betterment of the educational opportunities of the children of the state. (f) Select a member or members of the board to attend meetings of any society, association, or organization for which the school district has subscribed for membership, or any convention to which it may pay the expenses of any employee. (Enacted by Stats. 1976, Ch. 1010.)
  59. 35175.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Boards of education in cities are governed by the laws for their city, unless this code provides otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35175. The powers and duties of boards of education in cities are as prescribed in the laws governing the respective cities, except as otherwise provided by this code. (Enacted by Stats. 1976, Ch. 1010.)
  60. 35177.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A district governing board may adopt a resolution to limit campaign expenditures or contributions in elections for district offices.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35177. The governing board of a district may by resolution limit campaign expenditures or contributions in elections to district offices. (Enacted by Stats. 1976, Ch. 1010.)
  61. 35178.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A school board member who has submitted a resignation with a deferred effective date keeps all board powers until the resignation takes effect, but cannot vote for their successor in a provisional appointment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35178. A member of the governing board of a school district who has tendered a resignation with a deferred effective date pursuant to Section 5090 shall, until the effective date of the resignation, continue to have the right to exercise all powers of a member of the governing board, except that such member shall not have the right to vote for his or her successor in an action taken by the board to make a provisional appointment pursuant to Section 5091. (Added by Stats. 1978, Ch. 267.)
  62. 35178.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A school district and its governing board must give notice when a school loses accreditation and must publish inspection results within 60 days after they are available.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Powers and Duties [35160 - 35178.4] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 35178.4. (a) A school district governing board shall give official notice at a regularly scheduled school board meeting if a public school within the district that has elected to be accredited by the Western Association of Schools and Colleges (WASC) or any other chartered accrediting agency loses its accreditation status. (b) If a school loses its accreditation status, the school district shall notify each parent or guardian of the pupils in the school that the school has lost its accreditation status, in writing, and this notice shall indicate the potential consequences of the school’s loss of accreditation status. This notice shall also be posted on the school district’s Internet Web site and the school’s Internet Web site, if any. (c) A school district that has within its jurisdiction a school that has elected to be accredited by WASC or any other chartered accrediting agency shall require that school to publish all results of any inspection of the school by the accrediting agency not later than 60 days after the results are made available to the school. Publication shall be either by notifying each parent or guardian in writing or by posting the information on the school district’s Internet Web site or the school’s Internet Web site, or by any combination of these methods, as determined by the school district. (Amended by Stats. 2006, Ch. 402, Sec. 1. Effective January 1, 2007.)
  63. 35179.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. )

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    School district governing boards must control interscholastic athletics in their districts, ensure compliance with state and federal law, and may join with other boards for regional or statewide athletic governance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. ) ## 35179. (a) Each school district governing board shall have general control of, and be responsible for, all aspects of the interscholastic athletic policies, programs, and activities in its district, including, but not limited to, eligibility, season of sport, number of sports, personnel, and sports facilities. In addition, the board shall ensure that all interscholastic policies, programs, and activities in its district are in compliance with state and federal law. (b) Governing boards may enter into associations or consortia with other boards for the purpose of governing regional or statewide interscholastic athletic programs by permitting the public schools under their jurisdictions to enter into a voluntary association with other schools for the purpose of enacting and enforcing rules relating to eligibility for, and participation in, interscholastic athletic programs among and between schools. (c) Each governing board, or its designee, shall represent the individual schools located within its jurisdiction in any voluntary association of schools formed or maintained pursuant to this section. (d) No voluntary interscholastic athletic association, of which any public school is a member, shall discriminate against, or deny the benefits of any program to, any person on any basis prohibited by Chapter 2 (commencing with Section 200) of Part 1. (e) Notwithstanding any other provision of law, no voluntary interscholastic athletic association shall deny a school from participating in interscholastic athletic activities because of the religious tenets of the school, regardless of whether that school is directly controlled by a religious organization. (f) Interscholastic athletics is defined as those policies, programs, and activities that are formulated or executed in conjunction with, or in contemplation of, athletic contests between two or more schools, either public or private. (Amended by Stats. 2007, Ch. 130, Sec. 63. Effective January 1, 2008.)
  64. 35179.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. )

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    This section names and describes the California High School Coaching Education and Training Program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. ) ## 35179.1. (a) This section shall be known, and may be cited, as the 1998 California High School Coaching Education and Training Program. (b) The Legislature finds and declares all of the following: (1) The exploding demand in girls athletics, and an increase in the number of pupils participating in both boys and girls athletics, are causing an increase in the number of coaches needed statewide. (2) Well-trained coaches are vital to the success of the experience of a pupil in sports and interscholastic athletic activities. (3) Improvement in coaching is a primary need identified by hundreds of principals, superintendents, and school board members who participated in the development of a strategic plan for the California Interscholastic Federation (CIF) in 1993 and 1994. (4) There are many concerns about safety, training, organization, philosophy, communications, and general management in coaching that need to be addressed. (5) It is a conservative estimate that at least 25,000 coaches annually need training and an orientation just to meet current coaching regulations contained in Title 5 of the California Code of Regulations, including basic safety and CPR requirements. (6) School districts, in conjunction with the California Interscholastic Federation, have taken the initial first steps toward building a statewide coaching education program by assembling a faculty of statewide trainers composed of school district administrators, coaches, and athletic directors using a national program being used in several states. (c) It is, therefore, the intent of the Legislature to establish a California High School Coaching Education and Training Program. It is the intent of the Legislature that the program be administered by school districts, be updated and rehearsed annually, and emphasize the following components: (1) Development of coaching philosophies consistent with school, school district, and governing board of a school district goals. (2) Sport psychology: emphasizing communication, reinforcement of the efforts of pupils, effective delivery of coaching regarding technique, and motivation of the pupil athlete. (3) Sport pedagogy: how pupil athletes learn, and how to teach sport skills. (4) Sport physiology: principles of training, fitness for sport, development of a training program, nutrition for athletes, and the harmful effects associated with the use of steroids and performance-enhancing dietary supplements by adolescents. (5) Sport management: team management, risk management, and working within the context of an entire school program. (6) Training: certification in CPR, use of an automated external defibrillator (AED), and first aid that includes, but is not limited to, training in recognizing the signs and symptoms of, and responding to, concussions, heat illness, and, by July 1, 2024, cardiac arrest. Certification in CPR and use of an AED shall be consistent with national evidence-based emergency cardiovascular care guidelines. Concussion, heat illness, and cardiac arrest training may be provided by entities offering free, online, or other types of training courses. For purposes of this section, “heat illness” includes heat cramps, heat syncope, heat exhaustion, and exertional heat stroke. (7) Knowledge of, and adherence to, statewide rules and regulations, as well as school regulations, including, but not necessarily limited to, eligibility, gender equity, and discrimination. (8) Sound planning and goal setting. (d) This section does not endorse a particular coaching education or training program. (Amended by Stats. 2023, Ch. 422, Sec. 1. (AB 245) Effective January 1, 2024.)
  65. 35179.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. )

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    This section encourages the California Interscholastic Federation to create a statewide panel and encourages that panel to set up, review, and recommend a grant process for public secondary schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. ) ## 35179.2. (a) Subject to funds being appropriated for this purpose in the annual Budget Act, the California Interscholastic Federation is encouraged to establish a statewide panel that includes, at a minimum, the following members: school administrators, school board members, coaches of secondary school athletics, teachers, parents, athletic directors, representatives of higher education, pupils participating in athletics at the secondary school level, and a representative of the State Department of Education, as described in Section 35179.3. (b) The panel established pursuant to subdivision (a) is encouraged to develop an application process whereby public secondary schools may submit applications to the State Department of Education for grants to offset the costs of education and training of athletic coaches in an education and training program that emphasizes the components set forth in subdivision (c) of Section 35179.1. (c) The panel established pursuant to subdivision (a) is encouraged to evaluate applications submitted to the State Department of Education pursuant to subdivision (b) and to recommend applicants to the State Department of Education for the award of dollar-for-dollar matching grants, in an amount determined by the department. (Amended by Stats. 2002, Ch. 1032, Sec. 1. Effective September 28, 2002.)
  66. 35179.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. )

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    If the California Interscholastic Federation sets up a statewide panel, the State Department of Education must help the panel, review its grant recommendations, and decide which public secondary school applicants get matching grants and how much they receive.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. ) ## 35179.3. If the California Interscholastic Federation establishes a statewide panel pursuant to Section 35179.2, the State Department of Education shall do all of the following: (a) Provide a department representative to assist the panel in developing an application and grant distribution process. (b) Review recommendations submitted by the panel for the award of dollar-for-dollar matching grants to public secondary school applicants. (c) Determine which public secondary school applicants will receive dollar-for-dollar matching grants. (d) Determine the amount of the grants. (Added by Stats. 1998, Ch. 744, Sec. 4. Effective January 1, 1999.)
  67. 35179.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. )

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    If a school district or charter school offers interscholastic athletics, its board must have a written emergency action plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. ) ## 35179.4. If a school district or charter school elects to offer any interscholastic athletic program, the governing board of the school district or the governing body of the charter school shall ensure that there is a written emergency action plan in place that describes the location of emergency medical equipment and procedures to be followed in the event of sudden cardiac arrest and other medical emergencies, including concussion and heat illness, related to the athletic program’s activities or events. By July 1, 2024, the emergency action plan shall include a description of the manner and frequency at which the procedures to be followed in the event of sudden cardiac arrest and other medical emergencies, including concussion and heat illness, which shall be based on the training described in paragraph (6) of subdivision (c) of Section 35179.1, will be rehearsed. The written emergency action plan shall be posted in compliance with the most recent pertinent guidelines of the National Federation of State High School Associations. (Amended by Stats. 2023, Ch. 589, Sec. 1.5. (AB 1653) Effective January 1, 2024.)
  68. 35179.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. )

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    Schools that offer athletic programs must follow football practice limits, including a weekly cap on full-contact practices and a 90-minute daily limit on full-contact time.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. ) ## 35179.5. (a) (1) If a school district, charter school, or private school elects to offer an athletic program, it shall comply with all of the following: (A) A high school or middle school football team shall not conduct more than two full-contact practices per week during the preseason and regular season. (B) The full-contact portion of a practice shall not exceed 90 minutes in any single day. (C) A high school or middle school football team shall not hold a full-contact practice during the off-season. (2) For purposes of this section, a team camp session shall be deemed to be a practice. (b) The California Interscholastic Federation is urged to develop and adopt rules to implement this section. (c) As used in this section: (1) “Full-contact practice” means a practice where drills or live action is conducted that involves collisions at game speed, where players execute tackles and other activity that is typical of an actual tackle football game. (2) “Off-season” means a period extending from the end of the regular season until 30 days before the commencement of the next regular season. (3) “Preseason” means a period of 30 days before the commencement of the regular season. (4) “Regular season” means the period from the first interscholastic football game or scrimmage until the completion of the final interscholastic football game of that season. (d) This section shall not prohibit the California Interscholastic Federation, an interscholastic athletic league, a school, a school district, or any other appropriate entity from adopting and enforcing rules intended to provide a higher standard of safety for athletes than the standard established under this section. (Added by Stats. 2014, Ch. 165, Sec. 2. (AB 2127) Effective January 1, 2015.)
  69. 35179.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. )

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    If a school district or charter school offers interscholastic athletics, it must buy and maintain AEDs and make them available. It must also require CPR-trained adult coverage for certain pool-related on-campus events.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. ) ## 35179.6. (a) For purposes of this section, “AED” means an automated external defibrillator. (b) (1) Commencing July 1, 2019, if a school district or charter school elects to offer any interscholastic athletic program, the school district or the charter school shall acquire at least one AED for each school that participates in the program within the jurisdiction of the school district or the charter school. The school district or the charter school is encouraged to ensure that the AED or AEDs are available for the purpose of rendering emergency care or treatment within a recommended three to five minutes of sudden cardiac arrest to pupils, spectators, and any other individuals in attendance at the athletic program’s on-campus activities or events, and shall ensure that the AED or AEDs are available to athletic trainers and coaches and authorized persons at these activities or events. (2) If a school district or charter school elects to sponsor or host, in or around a swimming pool, an on-campus event that is not part of an interscholastic athletic program, the school district or charter school shall require at least one adult with a valid certification of cardiopulmonary resuscitation training to be present throughout the duration of the event. The presence of an adult with cardiopulmonary resuscitation training, as mandated by the California Interscholastic Federation coaching education program requirements, would satisfy this paragraph. (c) Subdivision (b) of Section 49417 applies for purposes of determining if an employee of a school district is liable for any civil damages resulting from the employee’s use, attempted use, or nonuse of an AED in the rendering of emergency care or treatment pursuant to this section. (d) Subdivision (c) of Section 49417 applies for purposes of determining if a public school or school district is liable for any civil damages resulting from any act or omission in the rendering of emergency care or treatment pursuant to this section. (e) Except as provided in subdivision (g), if an employee of a charter school complies with Section 1714.21 of the Civil Code in rendering emergency care or treatment through the use, attempted use, or nonuse of an AED at the scene of an emergency, the employee is not liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment. (f) Except as provided in subdivision (g), if a charter school complies with the requirements of Section 1797.196 of the Health and Safety Code, the charter school is covered by Section 1714.21 of the Civil Code, and is not liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment. (g) Subdivisions (e) and (f) do not apply in the case of personal injury or wrongful death that results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or fails to use an AED to render emergency care or treatment. (h) In order to ensure public safety, each school district or charter school that elects to offer any interscholastic athletic program shall ensure that its AED or AEDs are maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, or the American Red Cross, and according to any applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority. (i) This section does not alter the requirements of Section 1797.196 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 679, Sec. 2. (SB 722) Effective January 1, 2022.)
  70. 35179.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. )

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    The State Board of Education must adopt ethical-conduct rules for certain school district employees involved in interscholastic athletics, and those rules must prohibit undue influence over a pupil’s choice to enroll in an athletic program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. ) ## 35179.7. The State Board of Education shall adopt rules and regulations establishing standards of ethical conduct applicable to each temporary, probationary, or permanent employee of a school district providing supervision and instruction in interscholastic athletic programs and activities. These standards shall include, at a minimum, rules and regulations prohibiting these employees from exerting undue influence in a pupil’s decision to enroll in an athletic program at any public or private postsecondary educational institution, or from otherwise influencing a pupil’s decision to enroll in an athletic program for his or her personal gain. (Added by Stats. 1985, Ch. 694, Sec. 2.)
  71. 35179.8.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. )

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    The California Interscholastic Federation must develop heat-illness prevention and management guidelines, procedures, and safety standards by July 1, 2024, in consultation with the department.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] ( Article 4.5 heading added by Stats. 1998, Ch. 744, Sec. 1. ) ## 35179.8. (a) In order to better protect student athletes participating in athletics, no later than July 1, 2024, the California Interscholastic Federation, in consultation with the department, shall develop guidelines, procedures, and safety standards for the prevention and management of exertional heat illness. (b) Guidelines developed pursuant to this section shall identify the environmental conditions at which a school shall limit and prohibit practice and play. These guidelines shall include information regarding the accurate measurement of environmental heat stress at the site of the athletic activity, including the use of Wet Bulb Globe Temperature (WBGT) to determine ambient temperature, relative humidity, wind speed, and solar radiation from the sun, including sun angle and cloud cover. (c) Guidelines developed pursuant to this section shall identify the environmental conditions at which a school shall have a method to institute whole-body cooling to treat a student athlete with exertional heat illness, especially heat stroke, that is easily accessible at all practice and contest venues. (Added by Stats. 2023, Ch. 589, Sec. 2. (AB 1653) Effective January 1, 2024.)
  72. 35181.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. )

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    School district governing boards may hold hearings, make findings, and issue policy statements about pupil responsibilities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. ) ## 35181. The governing board of each school district may convene hearings, make findings, and adopt and issue policy statements setting forth the responsibilities of the pupils of that school district regarding academic performance, attendance, in-school behavior, and any other aspects of school life which the school district governing board may deem relevant to this task. (Added by Stats. 1982, Ch. 302, Sec. 2.)
  73. 35182.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. )

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    A school district governing board may market or license certain noneducational mainframe software, and the proceeds must be used only for educational purposes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. ) ## 35182. The governing board of any school district may market or license any noneducational mainframe electronic data-processing software developed by the school district to any person or any public or private corporation or agency. Proceeds from the marketing or licensing of noneducational mainframe electronic data-processing software under this section shall be used exclusively for educational purposes. (Added by Stats. 1984, Ch. 607, Sec. 2.)
  74. 35182.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. )

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    School district governing boards must follow public-hearing and disclosure rules before certain food, beverage, advertising, and electronic-product contracts, and they may not include a confidentiality clause that blocks public access.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. ) ## 35182.5. (a) The Legislature finds and declares all of the following: (1) State and federal laws require all schools participating in meal programs to provide nutritious food and beverages to pupils. (2) State and federal laws restrict the sale of food and beverages in competition with meal programs to enhance the nutritional goals for pupils, and to protect the fiscal and nutritional integrity of the school food service programs. (3) Parents, pupils, and community members should have the opportunity to ensure, through the review of food and beverage contracts, that food and beverages sold on school campuses provide nutritious sustenance to pupils, promote good health, help pupils learn, provide energy, and model fit living for life. (b) For purposes of this section, the following terms have the following meanings: (1) “Nonnutritious beverages” means any beverage that is not any of the following: (A) Drinking water. (B) Milk, including, but not limited to, chocolate milk, soy milk, rice milk, almond milk, and other similar dairy or nondairy milk. (C) An electrolyte replacement beverage that contains 42 grams or less of added sweetener per 20 ounce serving. (D) A 100 percent fruit juice, or fruit-based drink that is composed of 50 percent or more fruit juice and that has no added sweeteners. (2) “Added sweetener” means an additive that enhances the sweetness of the beverage, including, but not limited to, added sugar, but does not include the natural sugar or sugars that are contained within any fruit juice that is a component of the beverage. (3) “Nonnutritious food” means food that is not sold as part of the school breakfast or lunch program as a full meal, and that meets any of the following standards: (A) More than 35 percent of its total calories are from fat. (B) More than 10 percent of its total calories are from saturated fat. (C) More than 35 percent of its total weight is composed of sugar. This subparagraph does not apply to the sale of fruits or vegetables. (c) The governing board of a school district shall not do any of the following: (1) Enter into or renew a contract, or permit a school within the school district to enter into or renew a contract, that grants exclusive or nonexclusive advertising or grants the right to the exclusive or nonexclusive sale of carbonated beverages, nonnutritious beverages, or nonnutritious food within the school district to a person, business, or corporation, unless the governing board of the school district does all of the following: (A) Adopts a policy after a public hearing of the governing board of the school district to ensure that the school district has internal controls in place to protect the integrity of the public funds and to ensure that funds raised benefit public education, and that the contracts are entered into on a competitive basis pursuant to procedures contained in Section 20111 of the Public Contract Code or through the issuance of a request for proposal. (B) Provides to parents, guardians, pupils, and members of the public the opportunity to comment on the contract by holding a public hearing on the contract during a regularly scheduled meeting of the governing board of the school district. The governing board of the school district shall clearly, and in a manner recognizable to the general public, identify in the agenda the contract to be discussed at the meeting. (2) Enter into a contract that prohibits a school district employee from disparaging the goods or services of the party contracting with the governing board of the school district. (3) Enter into a contract or permit a school within the school district to enter into a contract for electronic products or services that requires the dissemination of advertising to pupils, unless the governing board of the school district does all of the following: (A) Enters into the contract at a noticed public hearing of the governing board of the school district. (B) Makes a finding that the electronic product or service in question is or would be an integral component of the education of pupils. (C) Makes a finding that the school district cannot afford to provide the electronic product or service unless it contracts to permit dissemination of advertising to pupils. (D) Provides written notice to the parents or guardians of pupils that the advertising will be used in the classroom or other learning centers. This notice shall be part of the school district’s normal ongoing communication to parents or guardians. (E) Offers the parents the opportunity to request in writing that the pupil not be exposed to the program that contains the advertising. A request shall be honored for the school year in which it is submitted, or longer if specified, but may be withdrawn by the parent or guardian at any time. (d) A governing board of the school district may meet the public hearing requirement set forth in subparagraph (B) of paragraph (1) of subdivision (c) for those contracts that grant the right to the exclusive or nonexclusive sale of carbonated beverages, nonnutritious beverages, or nonnutritious food within the school district, by an annual public hearing to review and discuss existing and potential contracts for the sale of food and beverages on campuses, including food and beverages sold as full meals, through competitive sales, as fundraisers, and through vending machines. (1) The public hearing shall include, but not be limited to, a discussion of all of the following: (A) The nutritional value of food and beverages sold within the school district. (B) The availability of fresh fruit, vegetables, and grains in school meals and snacks, including, but not limited to, locally grown and organic produce. (C) The amount of fat, sugar, and additives in the food and beverages discussed. (D) Barriers to pupil participation in school breakfast and lunch programs. (2) A school district that holds an annual public hearing consistent with this subdivision is not released from the public hearing requirements set forth in subparagraph (B) of paragraph (1) of subdivision (c) for those contracts not discussed at the annual public hearing. (e) The governing board of the school district shall make accessible to the public a contract entered into pursuant to paragraph (1) of subdivision (c) and shall not include in that contract a confidentiality clause that would prevent a school or school district from making any part of the contract public. (f) The governing board of a school district may sell advertising, products, or services on a nonexclusive basis. (g) The governing board of a school district may post public signs indicating the school district’s appreciation for the support of a person or business for the school district’s education program. (h) Contracts entered into before January 1, 2004, may remain in effect, but shall not be renewed if they are in conflict with this section. (Amended by Stats. 2017, Ch. 382, Sec. 1. (AB 691) Effective January 1, 2018.)
  75. 35183.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. )

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    School district governing boards may adopt or rescind a reasonable dress code policy for uniforms or gang-related apparel, but only with an approved plan and a health-and-safety finding.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. ) ## 35183. (a) The Legislature finds and declares each of the following: (1) The children of this state have the right to an effective public school education. Both students and staff of the primary, elementary, junior and senior high school campuses have the constitutional right to be safe and secure in their persons at school. However, children in many of our public schools are forced to focus on the threat of violence and the messages of violence contained in many aspects of our society, particularly reflected in gang regalia that disrupts the learning environment. (2) “Gang-related apparel” is hazardous to the health and safety of the school environment. (3) Instructing teachers and administrators on the subtleties of identifying constantly changing gang regalia and gang affiliation takes an increasing amount of time away from educating our children. (4) Weapons, including firearms and knives, have become common place upon even our elementary school campuses. Students often conceal weapons by wearing clothing, such as jumpsuits and overcoats, and by carrying large bags. (5) The adoption of a schoolwide uniform policy is a reasonable way to provide some protection for students. A required uniform may protect students from being associated with any particular gang. Moreover, by requiring schoolwide uniforms teachers and administrators may not need to occupy as much of their time learning the subtleties of gang regalia. (6) To control the environment in public schools to facilitate and maintain an effective learning environment and to keep the focus of the classroom on learning and not personal safety, schools need the authorization to implement uniform clothing requirements for our public school children. (7) Many educators believe that school dress significantly influences pupil behavior. This influence is evident on school dressup days and color days. Schools that have adopted school uniforms experience a “coming together feeling,” greater school pride, and better behavior in and out of the classroom. (b) The governing board of any school district may adopt or rescind a reasonable dress code policy that requires pupils to wear a schoolwide uniform or prohibits pupils from wearing “gang-related apparel” if the governing board of the school district approves a plan that may be initiated by an individual school’s principal, staff, and parents and determines that the policy is necessary for the health and safety of the school environment. Individual schools may include the reasonable dress code policy as part of its school safety plan, pursuant to Section 32281. (c) Adoption and enforcement of a reasonable dress code policy pursuant to subdivision (b) is not a violation of Section 48950. For purposes of this section, Section 48950 shall apply to elementary, high school, and unified school districts. If a schoolwide uniform is required, the specific uniform selected shall be determined by the principal, staff, and parents of the individual school. (d) A dress code policy that requires pupils to wear a schoolwide uniform shall not be implemented with less than six months’ notice to parents and the availability of resources to assist economically disadvantaged pupils. (e) The governing board shall provide a method whereby parents may choose not to have their children comply with an adopted school uniform policy. (f) If a governing board chooses to adopt a policy pursuant to this section, the policy shall include a provision that no pupil shall be penalized academically or otherwise discriminated against nor denied attendance to school if the pupil’s parents chose not to have the pupil comply with the school uniform policy. The governing board shall continue to have responsibility for the appropriate education of those pupils. (g) A policy adopted pursuant to this section shall not preclude pupils that participate in a nationally recognized youth organization from wearing organization uniforms on days that the organization has a scheduled meeting. (Amended by Stats. 2003, Ch. 828, Sec. 10. Effective January 1, 2004.)
  76. 35183.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. )

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    A pupil may wear traditional tribal regalia or recognized religious or cultural objects at graduation ceremonies, and the local educational agency may not require preapproval or require a cap if it conflicts with the adornment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. ) ## 35183.1. (a) A pupil may wear traditional tribal regalia or recognized objects of religious or cultural significance, as determined by the pupil and the pupil’s family, as an adornment at school graduation ceremonies or related school events. (b) A local educational agency shall not require either of the following: (1) A preapproval process for a pupil to exercise the pupil’s rights pursuant to subdivision (a). (2) A pupil to wear a cap if the cap is incompatible with the adornment. (c) This section does not limit a local educational agency’s discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony. (d) For purposes of this section, the following definitions apply: (1) “Adornment” means either of the following: (A) Something attached to, worn with, or worn in place of, the cap customarily worn at school graduation ceremonies. (B) Something attached to or worn with, but not replacing, the gown customarily worn at school graduation ceremonies. (2) “Cultural” means recognized practices and traditions of a certain group of people. (3) “Local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2025, Ch. 133, Sec. 1. (AB 1369) Effective January 1, 2026.)
  77. 35183.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. )

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    A qualifying high school student has the right to wear a U.S. Armed Forces dress uniform at graduation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. ) ## 35183.3. Notwithstanding any other provision of law, a person shall have the right to wear a dress uniform issued to him or her by a branch of the United States Armed Forces while participating in the graduation ceremony for his or her high school if that person meets both of the following requirements: (a) He or she has fulfilled all of the requirements of this code for receiving a diploma of graduation from high school, and is otherwise eligible to participate in the graduation ceremony. (b) He or she has completed basic training for, and is an active member of, a branch of the United States Armed Forces. (Added by Stats. 2009, Ch. 296, Sec. 1. (AB 1463) Effective January 1, 2010.)
  78. 35183.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. )

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    Each schoolsite must allow pupils to use sun-protective clothing outdoors during the schoolday and must allow sunscreen use during the schoolday without a physician’s note or prescription.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. ) ## 35183.5. (a) (1) Each schoolsite shall allow for outdoor use during the schoolday, articles of sun-protective clothing, including, but not limited to, hats. (2) Each schoolsite may set a policy related to the type of sun-protective clothing, including, but not limited to, hats, that pupils will be allowed to use outdoors pursuant to paragraph (1). Specific clothing and hats determined by the school district or schoolsite to be gang-related or inappropriate apparel may be prohibited by the dress code policy. (b) (1) Each schoolsite shall allow pupils the use of sunscreen during the schoolday without a physician’s note or prescription. (2) Each schoolsite may set a policy related to the use of sunscreen by pupils during the schoolday. (3) For purposes of this subdivision, sunscreen is not an over-the-counter medication. (4) Nothing in this subdivision requires school personnel to assist pupils in applying sunscreen. (Amended by Stats. 2002, Ch. 266, Sec. 1. Effective January 1, 2003.)
  79. 35184.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. )

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    A high school district board may contract with feeder elementary district boards to provide sixth-grade instruction at the high school district’s schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. ) ## 35184. (a) Notwithstanding any other provision of law, the governing board of a high school district may enter into a contract with the governing board of any of its feeder elementary school districts to provide instruction at the schools of the high school district to all or a portion of the pupils enrolled in the sixth grade at the contracting elementary school district. (b) For the purpose of computing allowances and apportionments pursuant to Chapter 4 (commencing with Section 41600) and Article 2 (commencing with Section 42230) of Chapter 7 of Part 24, the contracting elementary school shall continue to report average daily attendance for those sixth grade pupils. Upon receipt of any funds allocated to the elementary school district based upon the average daily attendance reported for those sixth grade pupils, the contracting elementary school district shall transfer those moneys to the contracting high school district. (Added by Stats. 1993, Ch. 1296, Sec. 3. Effective October 11, 1993.)
  80. 35185.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. )

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    A school district may require proof of registration before agreeing to enroll a student.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. ) ## 35185. A school district may require proof of registration pursuant to Article 8.2 (commencing with Section 12620) of Chapter 6 of Division 3 of Title 2 of the Government Code, as a condition to agreement to enroll that student. (Added by Stats. 1994, Ch. 825, Sec. 3. Effective January 1, 1995.)
  81. 35186.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. )

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    School districts must use the complaint process to handle certain school complaints, and they must track and report complaint outcomes. Complainants may file anonymously, request a response, and appeal or escalate unresolved complaints.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] ( Article 4.7 heading added by Stats. 1998, Ch. 744, Sec. 5. ) ## 35186. (a) A school district shall use the uniform complaint process it has adopted as required by Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, with modifications, as necessary, to help identify and resolve any deficiencies related to instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils or staff, and teacher vacancy or misassignment. (1) A complaint may be filed anonymously. A complainant who identifies themselves is entitled to a response if the complainant indicates that a response is requested. A complaint form shall include a space to mark to indicate whether a response is requested. If Section 48985 is otherwise applicable, the response, if requested, and report shall be written in English and the primary language in which the complaint was filed. All complaints and responses are public records. (2) The complaint form shall specify the location for filing a complaint. A complainant may add as much text to explain the complaint as the complainant wishes. (3) A complaint shall be filed with the principal of the school or the principal’s designee. A complaint about problems beyond the authority of the school principal shall be forwarded in a timely manner but not to exceed 10 working days to the appropriate school district official for resolution. (b) The principal or the designee of the district superintendent, as applicable, shall make all reasonable efforts to investigate any problem within their authority. The principal or designee of the district superintendent shall remedy a valid complaint within a reasonable time period but not to exceed 30 working days from the date the complaint was received. The principal or designee of the district superintendent shall report to the complainant the resolution of the complaint within 45 working days of the initial filing. If the principal makes this report, the principal shall also report the same information in the same timeframe to the designee of the district superintendent. (c) A complainant not satisfied with the resolution of the principal or the designee of the district superintendent has the right to describe the complaint to the governing board of the school district at a regularly scheduled hearing of the governing board of the school district. As to complaints involving a condition of a facility that poses an emergency or urgent threat, as defined in paragraph (1) of subdivision (c) of Section 17592.72, a complainant who is not satisfied with the resolution proffered by the principal or the designee of the district superintendent has the right to file an appeal to the Superintendent, who shall provide a written report to the state board describing the basis for the complaint and, as appropriate, a proposed remedy for the issue described in the complaint. (d) Notwithstanding the provisions of this section or any other law, a complaint pursuant to paragraph (1) of subdivision (f) that more than one pupil does not have sufficient textbooks or instructional materials, as defined in subdivision (c) of Section 60119, as the result of an act by the governing board of a school district, or the governing board’s failure to act to remedy the deficiency, may be filed with the Superintendent directly. In responding to such a complaint, the Superintendent may directly intervene without waiting for an investigation under subdivisions (a), (b), and (c). A complaint filed pursuant to this subdivision shall identify the basis for filing the complaint directly with the Superintendent. The complainant shall present the Superintendent with evidence that supports the basis for the direct filing. (e) A school district shall report summarized data on the nature and resolution of all complaints on a quarterly basis to the county superintendent of schools and the governing board of the school district. The summaries shall be publicly reported on a quarterly basis at a regularly scheduled meeting of the governing board of the school district. The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints. The complaints and written responses shall be available as public records. (f) The procedure required pursuant to this section is intended to address all of the following: (1) A complaint related to instructional materials as follows: (A) A pupil, including an English learner, does not have standards-aligned textbooks or instructional materials or state-adopted or district-adopted textbooks or other required instructional material to use in class. (B) A pupil does not have access to instructional materials to use at home or after school. (C) Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage. (2) A complaint related to teacher vacancy or misassignment as follows: (A) A semester begins and a teacher vacancy exists. (B) A teacher who lacks credentials or training to teach English learners is assigned to teach a class with one or more English learner pupils in the class. This subparagraph does not relieve a school district from complying with state or federal law regarding teachers of English learners. (C) A teacher is assigned to teach a class for which the teacher lacks subject matter competency. (3) A complaint related to the condition of facilities that pose an emergency or urgent threat to the health or safety of pupils or staff as defined in paragraph (1) of subdivision (c) of Section 17592.72 and any other emergency conditions the school district determines appropriate and the requirements established pursuant to subdivision (a) of Section 35292.5. (g) In order to identify appropriate subjects of complaint, a notice shall be posted in each classroom in each school in the school district notifying parents, guardians, pupils, and teachers of the following: (1) There should be sufficient textbooks and instructional materials. For there to be sufficient textbooks and instructional materials each pupil, including English learners, must have a textbook or instructional materials, or both, to use in class and to take home. (2) School facilities must be clean, safe, and maintained in good repair. (3) There should be no teacher vacancies or misassignments as defined in paragraphs (2) and (3) of subdivision (i). (4) The location at which to obtain a form to file a complaint in case of a shortage. Posting a notice downloadable from the internet website of the department shall satisfy this requirement. (h) A local educational agency shall establish local policies and procedures, post notices, and implement this section. (i) For purposes of this section, the following definitions apply: (1) “Good repair” has the same meaning as specified in subdivision (d) of Section 17002. (2) “Misassignment” means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold. (3) “Teacher vacancy” means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester. (Amended by Stats. 2023, Ch. 229, Sec. 6. (AB 1078) Effective September 25, 2023.)
  82. 35190.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Instructions From Electors [35190 - 35192] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may call elector meetings for consultation, and must do so if a majority of resident electors petition for it, unless the district has a city board of education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Instructions From Electors [35190 - 35192] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 35190. The governing board of a school district, except a district having a city board of education, may, and upon a petition signed by a majority of the electors resident in the district shall, call meetings of the qualified electors of the district for consultation in regard to any affairs in the district. A meeting so called shall be competent to instruct the governing board, and the board shall, in all cases, be bound by such instructions upon the following subjects: (a) The location or change of location of the schoolhouse, if the proposal to instruct the board in regard to changing the location of the schoolhouse is passed by a vote of two-thirds of all the electors voting at the meeting upon the proposition. (b) The use of the schoolhouse for other than school purposes, but in no case shall the schoolhouse be used for purposes which necessitate the removal of any school desks or other school furniture. (c) The sale and purchase of school sites. (d) The prosecution, settlement, or compromise of any litigation in which the district is engaged, or is likely to become engaged. The meeting may vote money not exceeding one hundred dollars ($100) in any one year, for any of these purposes in addition to any amount which may be raised by the sale of district school property, and the insurance of property destroyed by fire, except that the proceeds of the insurance of the library and apparatus shall be paid into the library fund. All funds raised by the sale of school property may be disposed of by direction of a district meeting. (Enacted by Stats. 1976, Ch. 1010.)
  83. 35191.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Instructions From Electors [35190 - 35192] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A meeting under Section 35190 must be called by posting three public notices, including one in a conspicuous place on the schoolhouse, at least 10 days before the meeting.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Instructions From Electors [35190 - 35192] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 35191. The meeting provided for in Section 35190 shall be called by posting three notices in public places, one of which shall be in a conspicuous place on the schoolhouse, for not less than 10 days prior to the time for which the meeting is called. The notices shall specify the purposes for which the meeting is called, and no other business shall be transacted at the meeting. (Enacted by Stats. 1976, Ch. 1010.)
  84. 35192.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Instructions From Electors [35190 - 35192] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    District meetings called under the referenced sections must choose a chairman from the electors present, and the clerk or secretary must keep and record the minutes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Instructions From Electors [35190 - 35192] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 35192. Any district meeting called pursuant to Sections 35190 and 35191 shall be organized by choosing a chairman from the electors present. The district clerk or secretary shall be clerk of the meeting, and shall enter the minutes on the records of the district. Any district meeting may be adjourned from time to time as found necessary. All votes instructing the board of trustees shall be taken by ballot, or by “ayes” and “noes” vote as the meeting may determine. (Enacted by Stats. 1976, Ch. 1010.)
  85. 35200.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board is liable for certain debts and contracts made within available school moneys, but the district is not liable for debts or contracts made in violation of this section.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 35200. The governing board of any school district is liable as such in the name of the district for all debts and contracts, including the salary due any teacher, not made in excess of the school moneys accruing to the district and usable for the purposes of the debts and contracts during the school year for which the debts and contracts are made. The district shall not be liable for debts and contracts made in violation of this section. For the purposes of this section, moneys transferred to the funds of a newly organized school district pursuant to Section 42623 are deemed school moneys accruing to the district and usable for the purposes of contracts made for the school year preceding the date the district became effective for all purposes. (Enacted by Stats. 1976, Ch. 1010.)
  86. 35202.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Claims for money or damages against a school district are controlled by the specified Government Code provisions, unless those provisions or other applicable statutes or regulations say otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 35202. All claims for money or damages against a school district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Enacted by Stats. 1976, Ch. 1010.)
  87. 35204.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may hire a private-practice attorney or use an administrative adviser, and the attorney’s compensation under contract is a proper use of district funds.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 35204. The governing board of any school district, may contract for the services of an attorney in private practice, as an employee or independent contractor, or utilize an administrative adviser for whatever purpose the governing board deems appropriate, and compensation of this attorney pursuant to contract shall be a proper use of school district funds. For purposes of this section, “an attorney in private practice” includes a sole practitioner, partnership, or professional corporation. (Amended by Stats. 1992, Ch. 696, Sec. 7. Effective September 15, 1992.)
  88. 35205.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may hire a qualified private-practice attorney to provide legal services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 35205. The governing board of any school district may contract with a qualified attorney in private practice to provide legal services and compensation of this attorney in private practice pursuant to contract under this section shall be a proper use of school district funds. (Amended by Stats. 1992, Ch. 696, Sec. 8. Effective September 15, 1992.)
  89. 35207.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may contract for a hearing officer’s services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 35207. The governing board of any school district, may contract for the services of a hearing officer pursuant to the provisions of Chapter 14 (commencing with Section 27720), Part 3, Division 2, Title 3 of the Government Code and, for purposes of that chapter, the governing board is deemed to be a local body and the school district a local public entity. (Enacted by Stats. 1976, Ch. 1010.)
  90. 35208.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district’s governing board must insure against specified district and personal liabilities, with certain workers’ compensation-related liabilities excluded, and may place the insurance with authorized insurers or qualifying nonadmitted insurers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 35208. (a) The governing board of any school district shall insure against: (1) The liability, other than a liability which may be insured against under the provisions of Division 4 (commencing with Section 3200) of the Labor Code, of the district for damages for death, injury to person, or damage or loss of property; and (2) The personal liability of the members of the board and of the officers and employees of the district for damages for death, injury to a person, or damage or loss of property caused by the negligent act or omission of the member, officer or employee when acting within the scope of his office or employment. (b) The insurance may be written in any insurance company authorized to transact the business of insurance in the state, or in a nonadmitted insurer to the extent and subject to the conditions prescribed by Section 1763 of the Insurance Code. (c) Nothing in this section is intended to limit or restrict the authority of the district to insure under Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.)
  91. 35211.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board that runs automobile driver training must tell certain parents or guardians about the minor’s potential civil liability and the district’s motor-vehicle insurance coverage, including coverage limits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 35211. The governing board of any school district maintaining a course of automobile driver training shall advise the parents or guardians or persons having custody of pupils of the district participating in automobile driver training courses under the jurisdiction of, or sponsored or controlled by, the district, who have signed the statement required by Section 12650 of the Vehicle Code or an application for a driver’s license under Section 17701 of the Vehicle Code, of each of the following: (a) Any civil liability of the minor which will be imposed on the parent, guardian, or other person by reason of such minor operating a motor vehicle. (b) The insurance coverage carried by the school district, with respect to the use of motor vehicles in connection with such courses, specifically including any limitations of such coverage which limit such coverage to an amount less than the liability imposed on the parent, guardian, or other person, or which limit the nature of such coverage to exclude any activity or situation included within the liability so imposed. (Enacted by Stats. 1976, Ch. 1010.)
  92. 35213.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing body may adopt rules allowing reimbursement for certain losses or damage to personal property used in schools, but only if prior approval for the property’s use was given and its value was agreed in advance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 35213. The governing body of a school district may provide by rule or regulation for the reimbursement of any person or persons for the loss, destruction, or damage by arson, burglary or vandalism of personal property used in the schools of the district. Reimbursement shall be made only when approval for the use of the personal property in the schools was given before the property was brought to school and when the value of the property was agreed upon by the person or persons bringing the property and the school administrator or person appointed by him for this purpose at the time the approval for its use was given. The governing body may establish a maximum value of reimbursement which will be paid. (Enacted by Stats. 1976, Ch. 1010.)
  93. 35214.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district’s board of governors may use its own funds to protect against liability for the district and its officers, agents, and employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Liabilities [35200 - 35214] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 35214. The board of governors of a school district may provide protection from its own funds for the purpose of covering the liability of the district, its officers, agents, and employees, in lieu of carrying insurance in insurance companies as provided in Section 35208. Nothing contained herein shall be construed as prohibiting the board of education of the district from providing protection against such liability partly by means of its own funds and partly by means of insurance written by insurance companies as provided in Section 35208. (Amended by Stats. 1977, Ch. 36.)
  94. 35220.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Training [35220 - 35223] ( Article 6.5 added by Stats. 2025, Ch. 618, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the article, including “entity managing a charter school,” “K–12 public education school finance laws,” “local educational agency,” and “local educational agency official.”

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Training [35220 - 35223] ( Article 6.5 added by Stats. 2025, Ch. 618, Sec. 1. ) ## 35220. For purposes of this article, the following definitions apply: (a) “Entity managing a charter school” means a nonprofit public benefit corporation operating a charter school consistent with Section 47604. (b) “K–12 public education school finance laws” includes both of the following: (1) Laws related to the creation and approval of a local educational agency budget to support pupil learning and achievement, including, but not limited to, Chapter 6 (commencing with Section 42100) of Part 24. (2) Laws related to fiscal penalties for noncompliance, including, but not limited to, those in Chapter 7 (commencing with Section 42238) of Part 24, Chapter 2 (commencing with Section 46100) of Part 26 of Division 4, including Sections 46207 and 46208, Chapter 1 (commencing with Section 47600) of Part 26.8 of Division 4, Sections 45037, 47612.5, 51745.6, 51749.5, and 60150, and Section 11960 of Title 5 of the California Code of Regulations. (c) “Local educational agency” means a school district, county office of education, or charter school. (d) (1) “Local educational agency official” means either of the following: (A) Any regular member of the governing board of a school district or of a county board of education. (B) Any regular member of the governing body of a charter school or of an entity managing a charter school. (2) For purposes of paragraph (1), “regular member” has the same meaning as in Section 1000, 35012, or 47604.2 that is applicable to a school district, county office of education, or charter school. (Added by Stats. 2025, Ch. 618, Sec. 1. (AB 640) Effective January 1, 2026.)
  95. 35220.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Training [35220 - 35223] ( Article 6.5 added by Stats. 2025, Ch. 618, Sec. 1. )

    Verify source ↗

    The County Office Fiscal Crisis and Management Assistance Team must develop a curriculum by October 1, 2026, consult with the department, post the curriculum online, solicit input from experts and the public, and update the curriculum periodically for statutory changes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Training [35220 - 35223] ( Article 6.5 added by Stats. 2025, Ch. 618, Sec. 1. ) ## 35220.5. (a) (1) The County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8 shall, in consultation with the department, develop, on or before October 1, 2026, a curriculum for the topics described in subdivision (b) of Section 35220 that shall be used to satisfy the requirement of subdivision (a) of Section 35221. The curriculum shall be posted on the internet websites of the County Office Fiscal Crisis and Management Assistance Team and the department. (2) In developing the curriculum pursuant to paragraph (1), the County Office Fiscal Crisis and Management Assistance Team shall solicit input from experts in the topics described in subdivision (b) of Section 35220 and the public. (b) The curriculum developed pursuant to subdivision (a) shall be updated periodically to reflect statutory changes to the laws described in subdivision (b) of Section 35220. (Added by Stats. 2025, Ch. 618, Sec. 1. (AB 640) Effective January 1, 2026.)
  96. 35221.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Training [35220 - 35223] ( Article 6.5 added by Stats. 2025, Ch. 618, Sec. 1. )

    Verify source ↗

    Local educational agency officials must receive K–12 public education school finance training, using the article’s required curriculum and approved training methods, unless an official qualifies for the stated exemption.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Training [35220 - 35223] ( Article 6.5 added by Stats. 2025, Ch. 618, Sec. 1. ) ## 35221. (a) Each local educational agency official shall receive training in K–12 public education school finance laws pursuant to this article. (b) An entity offering training courses to meet the requirements of this article shall use the curriculum developed pursuant to Section 35220.5. (c) (1) In order to meet the requirement of subdivision (a), a local educational agency or a consortium of local educational agencies shall only use the following methods: (A) Offer training courses using local educational agency employees or contracted legal counsel with demonstrable experience in the applicable topic described in subdivision (b) of Section 35220 for which it will provide training. (B) (i) Arrange for its local educational agency officials to receive training courses through an entity that meets all of the following requirements: (I) One of the entity’s primary functions is supporting local educational agencies with technical assistance and expertise in the applicable topic described in subdivision (b) of Section 35220 for which it will provide training. (II) The entity has demonstrable experience supporting local educational agencies with technical assistance and expertise. (III) The entity has trainers that each possess demonstrable experience in the applicable topic described in subdivision (b) of Section 35220 for which it will provide training. (ii) (I) Local educational agency officials of school districts and county offices of education shall only receive training from an entity described in clause (i) with demonstrable experience supporting school districts and county offices of education with technical assistance and expertise, or as provided by subparagraph (A) (C), or (D). (II) Local educational agency officials of charter schools or an entity managing charter schools shall only receive training from an entity with demonstrable experience supporting charter schools with technical assistance and expertise, or as provided by subparagraph (A) (C), or (D). (C) Arrange for its local educational agency officials to receive training courses through the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8. The County Office Fiscal Crisis and Management Assistance Team may charge a fee to local educational agencies for providing the training. (D) Arrange for its local educational agency officials to receive training courses through a nonprofit statewide education association led by officials who govern school districts and county offices of education. (E) Offer their own, or arrange through a different entity that meets the requirements of subparagraph (B) (C), or (D), sets of self-study materials with tests. (2) Courses offered or arranged pursuant to subparagraph (A), (B), (C), or (D) of paragraph (1), as applicable, may be taken at home, in person, or online. (d) A local educational agency official that has successfully completed the California School Boards Association’s Masters in Governance program and provides their local educational agency with proof of their participation and completion of the program, to comply with Section 35222, shall be exempt from the requirement of subdivision (a). (e) A training course covering the topics described in subdivision (b) of Section 35220 shall be no longer than four hours. (f) A provider of a training course that meets the requirements of this article shall provide participants with proof of participation to comply with Section 35222. (g) A local educational agency shall provide information to its officials at least annually on training available to meet the requirements of this article. (Added by Stats. 2025, Ch. 618, Sec. 1. (AB 640) Effective January 1, 2026.)
  97. 35222.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Training [35220 - 35223] ( Article 6.5 added by Stats. 2025, Ch. 618, Sec. 1. )

    Verify source ↗

    A local educational agency must keep records about required training and retain those records for at least five years after an official receives the training.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Training [35220 - 35223] ( Article 6.5 added by Stats. 2025, Ch. 618, Sec. 1. ) ## 35222. (a) A local educational agency shall maintain records showing both of the following: (1) The dates on which each local educational agency official satisfied the requirements of this article. (2) The entity that provided the training to the local educational agency official. (b) Notwithstanding any other law, a local educational agency shall maintain the records required by this section for at least five years after a local educational agency official receives the training. These records are public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Added by Stats. 2025, Ch. 618, Sec. 1. (AB 640) Effective January 1, 2026.)
  98. 35223.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Training [35220 - 35223] ( Article 6.5 added by Stats. 2025, Ch. 618, Sec. 1. )

    Verify source ↗

    Local educational agency officials must complete specified training by the stated deadlines, with a shorter one-year deadline for officials starting service or a later nonconsecutive term on or after April 1, 2027.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Training [35220 - 35223] ( Article 6.5 added by Stats. 2025, Ch. 618, Sec. 1. ) ## 35223. (a) Each local educational agency official in local educational agency service as of April 1, 2027, except for officials whose term of office ends before April 1, 2028, shall receive the training required by subdivision (a) of Section 35221 before April 1, 2028. (b) Each local educational agency official who commences their initial service, or who commences a subsequent nonconsecutive term, with a local educational agency on or after April 1, 2027, shall receive the training required by subdivision (a) of Section 35221 no later than one year from the first day of their initial service, or of their subsequent nonconsecutive term, as applicable, with the local educational agency. Each local educational agency official described in this subdivision is encouraged to begin the training required by subdivision (a) of Section 35221 before the first meeting of the governing board or body that occurs after the election or appointment of the official. (c) For purposes of this article, a local educational agency official who received training pursuant to subdivision (a) or (b) during their initial term, and who then serves one or more consecutive terms, shall be deemed to have complied with the requirements of this article. (Added by Stats. 2025, Ch. 618, Sec. 1. (AB 640) Effective January 1, 2026.)
  99. 35230.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Corrupt Practices [35230 - 35240] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Offering a valuable thing to a school district governing board member to influence official action, or accepting a valuable thing with corrupt intent, is a misdemeanor.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Corrupt Practices [35230 - 35240] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 35230. The offering of any valuable thing to any member of the governing board of any school district, with the intent to influence his action in regard to the granting of any teacher’s certificate, the appointment of any teacher, superintendent, or other officer or employee, the adoption of any textbook, or the making of any contract to which the board of which he is a member is a party, or the acceptance by any member of the governing board of any valuable thing, with corrupt intent, is a misdemeanor. (Enacted by Stats. 1976, Ch. 1010.)
  100. 35231.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Corrupt Practices [35230 - 35240] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A contract or appointment obtained from a school district governing board by corrupt means is void.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Corrupt Practices [35230 - 35240] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 35231. Any contract or appointment obtained from the governing board of any school district by corrupt means is void. (Enacted by Stats. 1976, Ch. 1010.)
  101. 35232.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Corrupt Practices [35230 - 35240] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Any person may be compelled to testify in a lawful investigation or judicial proceeding against someone charged with an offense covered by Sections 35230 or 35231.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Corrupt Practices [35230 - 35240] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 35232. Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who is charged with any offense described in Sections 35230 or 35231. (Enacted by Stats. 1976, Ch. 1010.)
  102. 35233.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Corrupt Practices [35230 - 35240] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section applies certain Government Code prohibitions to school district governing board members and to members of citizens’ oversight committees appointed by those boards.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Corrupt Practices [35230 - 35240] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 35233. The prohibitions contained in Article 4 (commencing with Section 1090) and Article 4.7 (commencing with Section 1125) of Division 4 of Title 1 of the Government Code are applicable to members of governing boards of school districts and to members of citizens’ oversight committees appointed by those governing boards pursuant to Chapter 1.5 (commencing with Section 15264) of Part 10. (Amended by Stats. 2000, Ch. 44, Sec. 4. Effective January 1, 2001.)
  103. 35239.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Corrupt Practices [35230 - 35240] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In small school districts with 70 or fewer average daily attendance in the prior fiscal year, a governing board member may be paid reasonable compensation for specified district work or classified-position services, but the payment requisition must be signed by the other board members and approved by the county superintendent of schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Corrupt Practices [35230 - 35240] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 35239. (a) In a school district which during the preceding fiscal year had an average daily attendance of 70 or less, a member of the governing board may receive a reasonable compensation from the district for necessary work and labor performed by him or her for the district in repairing the schoolhouse, fences, and other property belonging to the district, or in furnishing wood or other necessary supplies. (b) In a school district which during the preceding fiscal year had an average daily attendance of 70 or less, a member of the governing board may receive a reasonable compensation from the district for providing services in a classified position if the collective bargaining agent for classified employees in that district and the governing board concur that no other qualified person is available. (c) The requisition drawn pursuant to subdivision (a) or (b) for payment for services or supplies shall be signed by the other members of the governing board and shall be subject to approval by the county superintendent of schools. (Amended by Stats. 1987, Ch. 56, Sec. 39.)
  104. 35240.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Corrupt Practices [35230 - 35240] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A contract made in violation of Section 35239 is void.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Corrupt Practices [35230 - 35240] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 35240. Any contract made in violation of Section 35239 is void. (Amended by Stats. 1985, Ch. 816, Sec. 8.)
  105. 35250.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Each school district governing board must certify required actions, keep accurate money accounts, file an annual report by July 1, and maintain other records or reports required by law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 35250. The governing board of every school district shall: (a) Certify or attest to actions taken by the governing board whenever such certification or attestation is required for any purpose. (b) Keep an accurate account of the receipts and expenditures of school moneys. (c) Make an annual report, on or before the first day of July, to the county superintendent of schools in the manner and form and on the blanks prescribed by the Superintendent of Public Instruction. (d) Make or maintain such other records or reports as are required by law. (Enacted by Stats. 1976, Ch. 1010.)
  106. 35251.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If school records are destroyed by fire or another public calamity and accurate annual reports cannot be made, school authorities must accept affidavits about the destroyed records for school purposes, except for average daily attendance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 35251. Whenever in any school year the school register of any teacher, or other records of any school district are destroyed by conflagration or public calamity, preventing the teacher and school officers from making their annual reports in the usual manner and with accuracy, affidavits of the teacher, the school principals, or other officers of the school district, certifying as to the contents of the destroyed register or other records, shall be accepted by all school authorities for all school purposes appertaining to the school district, except that of average daily attendance. (Enacted by Stats. 1976, Ch. 1010.)
  107. 35252.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When a school district’s average daily attendance is materially affected by a major calamity, annual reports must be accepted by school officers for school matters, except for average daily attendance matters.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 35252. Whenever the average daily attendance of any school district has been materially affected in any school year by conflagration, public calamity, or epidemic of unusual duration and prevalence, the regular annual reports of the teacher, the school principal, or officers of the school district, shall be accepted by all school officers for all school matters appertaining to the school district, except that of average daily attendance. (Enacted by Stats. 1976, Ch. 1010.)
  108. 35253.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board of a school district may destroy district records if that destruction is not otherwise authorized by law and is done under Superintendent regulations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 35253. Whenever the destruction of records of a school district is not otherwise authorized or provided for by law, the governing board of the district may destroy those records of the school district in accordance with regulations of the Superintendent that the Superintendent may by this provision adopt. (Amended by Stats. 2021, Ch. 666, Sec. 25. (AB 486) Effective January 1, 2022.)
  109. 35254.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may make copies of district records, and may destroy the original if the copies are permanently kept, except audit-basic originals cannot be destroyed until after the second July 1 following the audit’s completion.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 35254. The governing board of any school district may make photographic, microfilm, or electronic copies of any records of the district. The original of any records of which a photographic, microfilm, or electronic copy has been made may be destroyed when provision is made for permanently maintaining the photographic, microfilm or electronic copies in the files of the district, except that no original record that is basic to any required audit shall be destroyed prior to the second July 1st succeeding the completion of the audit. (Amended by Stats. 1999, Ch. 646, Sec. 10. Effective January 1, 2000.)
  110. 35255.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A joint school district must file certain school-related papers with the supervisors or county superintendent in each county where part of the district is located.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 35255. In any joint school district, all returns, reports, certificates, estimates, petitions, and other papers of any kind relating to schools and school districts, required by law to be filed with or presented to the board of supervisors or county superintendent of schools, shall be filed with or presented to the supervisors or superintendent of schools of each county in which any portion of the district is situated. (Enacted by Stats. 1976, Ch. 1010.)
  111. 35256.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must create and implement a School Accountability Report Card for each school, update and issue it annually, compare it to the state board model at least every three years, and provide hard copies on request by February 1 each year starting with the 2008–09 school year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 35256. School Accountability Report Card The governing board of each school district maintaining an elementary or secondary school shall develop and cause to be implemented for each school in the school district a School Accountability Report Card. (a) The School Accountability Report Card shall include, but is not limited to, the conditions listed in Section 33126. (b) Not less than triennially, the governing board of each school district shall compare the content of the School Accountability Report Card of the school district to the model School Accountability Report Card adopted by the state board. Variances among school districts shall be permitted where necessary to account for local needs. (c) The governing board of each school district annually shall issue a School Accountability Report Card for each school in the school district, publicize those reports, and notify parents or guardians of pupils that a hard copy will be provided upon request. Commencing with the 2008–09 school year, each school district shall make hard copies of its annually updated report card available, upon request, on or before February 1 of each year. (Amended by Stats. 2007, Ch. 530, Sec. 3. Effective January 1, 2008. Note: This section was added on Nov. 8, 1988, by initiative Prop. 98.)
  112. 35256.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A School Accountability Report Card must include the information required by Section 41409.3, in addition to the information required under Section 35256.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 35256.1. In addition to the information required under Section 35256, each School Accountability Report Card shall include the information required under Section 41409.3. (Added by Stats. 1989, Ch. 1463, Sec. 1.)
  113. 35258.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts connected to the Internet must post the School Accountability Report Card information online and update it annually; districts not connected to the Internet must make updated hard copies available by February 1 each year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Records and Reports [35250 - 35258] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 35258. (a) Each school district that is connected to the Internet shall make the information contained in the School Accountability Report Card developed pursuant to Section 35256 accessible on the Internet. The School Accountability Report Card information shall be updated annually. Commencing with the 2008–09 school year, each school district connected to the Internet shall make its annually updated report card available on the Internet on or before February 1 of each year. (b) Commencing with the 2008–09 school year, each school district not connected to the Internet shall make hard copies of its annually updated School Accountability Report Card available, pursuant to subdivision (c) of Section 35256, on or before February 1 of each year. (Amended by Stats. 2007, Ch. 530, Sec. 4. Effective January 1, 2008.)
  114. 35265.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Cybersecurity [35265 - 35267] ( Article 8.5 added by Stats. 2022, Ch. 498, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the cybersecurity article, including “California Cybersecurity Integration Center,” “cyberattack,” and “local educational agency.”

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Cybersecurity [35265 - 35267] ( Article 8.5 added by Stats. 2022, Ch. 498, Sec. 1. ) ## 35265. For purposes of this article, the following definitions apply: (a) “California Cybersecurity Integration Center” or “Center” means the California Cybersecurity Integration Center established by the Office of Emergency Services pursuant to Section 8586.5 of the Government Code. (b) “Cyberattack” means either of the following: (1) Any alteration, deletion, damage, or destruction of a computer system, computer network, computer program, or data caused by unauthorized access. (2) The unauthorized denial of access to legitimate users of a computer system, computer network, computer program, or data. (c) “Local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2022, Ch. 498, Sec. 1. (AB 2355) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 35267.)
  115. 35266.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Cybersecurity [35265 - 35267] ( Article 8.5 added by Stats. 2022, Ch. 498, Sec. 1. )

    Verify source ↗

    A local educational agency must report a cyberattack affecting more than 500 pupils or personnel to the California Cybersecurity Integration Center.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Cybersecurity [35265 - 35267] ( Article 8.5 added by Stats. 2022, Ch. 498, Sec. 1. ) ## 35266. (a) A local educational agency shall report any cyberattack impacting more than 500 pupils or personnel to the California Cybersecurity Integration Center. (b) (1) The California Cybersecurity Integration Center shall establish a database that tracks reports of cyberattacks submitted by local educational agencies pursuant to this section. The Center shall annually, by January 1, provide a report to the Governor and the relevant policy committees of the Legislature summarizing the types and number of cyberattacks on local educational agencies, the types and number of data breaches affecting local educational agencies that have been reported to the Attorney General pursuant to Sections 1798.29 and 1798.82 of the Civil Code, any activities provided by the Center to prevent cyberattacks or data breaches of a local educational agency, and support provided by the Center following a cyberattack or data breach of a local educational agency. (2) The Attorney General shall share sample copies of data breach notifications received from local educational agencies pursuant to Sections 1798.29 and 1798.82 of the Civil Code, excluding any personally identifiable information, with the Center for the purpose of compiling this report. (c) Nothing in this section shall be construed to affect any disclosure or notification requirements pursuant to Sections 1798.29 and 1798.82 of the Civil Code. (Added by Stats. 2022, Ch. 498, Sec. 1. (AB 2355) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 35267.)
  116. 35267.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Cybersecurity [35265 - 35267] ( Article 8.5 added by Stats. 2022, Ch. 498, Sec. 1. )

    Verify source ↗

    This article stays in effect only until January 1, 2027, when it is repealed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Cybersecurity [35265 - 35267] ( Article 8.5 added by Stats. 2022, Ch. 498, Sec. 1. ) ## 35267. This article shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2022, Ch. 498, Sec. 1. (AB 2355) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Article 8.5, commencing with Section 35265.)
  117. 35270.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Property [35270.5 - 35275] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may use eminent domain to acquire property needed to carry out the district’s powers or functions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Property [35270.5 - 35275] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 35270.5. The governing board of any school district may acquire by eminent domain any property necessary to carry out any of the powers or functions of the district. (Enacted by Stats. 1976, Ch. 1010.)
  118. 35271.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Property [35270.5 - 35275] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may acquire property, build buildings, and maintain classes outside the district if the sites are immediately next to school sites within the district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Property [35270.5 - 35275] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 35271. (a) The governing board of any school district may acquire property, construct buildings, and maintain classes outside its boundaries on sites immediately adjacent to school sites of the district within its boundaries. (b) This section shall become operative June 30, 1993. (Repealed (in Sec. 1) and added by Stats. 1989, Ch. 135, Sec. 2. Effective July 13, 1989. Section operative June 30, 1993, by its own provisions.)
  119. 35272.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Property [35270.5 - 35275] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may buy and pay for school-related equipment, supplies, materials, and other personal property needed to operate the schools, if allowed by law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Property [35270.5 - 35275] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 35272. The governing board of any school district may acquire and pay for educational and athletic equipment, supplies and materials, and other personal property necessary to its operation of the schools, as provided by law. (Enacted by Stats. 1976, Ch. 1010.)
  120. 35275.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Property [35270.5 - 35275] ( Article 9 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board must meet with local recreation and park authorities to review ways to coordinate planning, design, and construction of certain school and recreation facilities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Property [35270.5 - 35275] ( Article 9 enacted by Stats. 1976, Ch. 1010. ) ## 35275. The governing board of any school district shall meet with appropriate local government recreation and park authorities to review all possible methods of coordinating planning, design, and construction of new school facilities and schoolsites or major additions to existing school facilities and recreation and park facilities in the community. (Amended by Stats. 1994, Ch. 840, Sec. 9. Effective January 1, 1995.)
  121. 35277.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Schoolsite Replacement Housing [35277 - 35278.5] ( Article 9.5 added by Stats. 2003, Ch. 574, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the schoolsite replacement housing article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Schoolsite Replacement Housing [35277 - 35278.5] ( Article 9.5 added by Stats. 2003, Ch. 574, Sec. 2. ) ## 35277. For purposes of this article the following terms have the following meanings: (a) “Affordable housing cost” has the same meaning as set forth in Chapter 2 (commencing with Section 50050) of Part 1 of Division 31 of the Health and Safety Code as applied to persons and families of low or moderate income. (b) “Affordable rent” has the same meaning as set forth in Chapter 2 (commencing with Section 50050) of Part 1 of Division 31 of the Health and Safety Code as applied to persons and families of low or moderate income. (c) “Extremely low income households” has the same meaning as set forth in Section 50106 of the Health and Safety Code. (d) “Local governing agency” means a city in which a new schoolsite is located, or if a new schoolsite is located in an unincorporated area, the county in which the new schoolsite is located. (e) “Eligible nonprofit corporation” means a nonprofit public benefit corporation, nonprofit mutual benefit corporation, or a limited liability company in which the managing member is a nonprofit public benefit corporation or a nonprofit mutual benefit corporation. (f) “New schoolsite” means real property acquired by a school district on and after January 1, 2003, for construction of a new schoolsite or for expansion of an existing schoolsite. (g) “New schoolsite replacement housing” means housing to replace the residential dwelling units demolished or to be demolished in connection with a new schoolsite. (h) “Persons and families of low income” has the same meaning as set forth in Section 50093 of the Health and Safety Code. (i) “Persons and families of low or moderate income” has the same meaning as set forth in Section 50093 of the Health and Safety Code. (j) “Very low income households” has the same meaning as set forth in Section 50105 of the Health and Safety Code. (k) “Vicinity of a new schoolsite” means the area within the census tract in which a new schoolsite is located and the areas within the immediately adjacent census tracts. (Amended by Stats. 2004, Ch. 495, Sec. 1. Effective January 1, 2005.)
  122. 35277.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Schoolsite Replacement Housing [35277 - 35278.5] ( Article 9.5 added by Stats. 2003, Ch. 574, Sec. 2. )

    Verify source ↗

    This section says when an extreme shortage of affordable housing exists for this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Schoolsite Replacement Housing [35277 - 35278.5] ( Article 9.5 added by Stats. 2003, Ch. 574, Sec. 2. ) ## 35277.5. For purposes of this article, an extreme shortage of affordable housing exists if any of the following conditions exist: (a) The vacancy rate for rental housing in the jurisdiction in which the new schoolsite is located is 5 percent or lower. (b) The median rent in the Zip Code where the new replacement housing is located is more than 30 percent of the median income of the households displaced by the school construction. (c) The occupancy rate for 10 percent or more of the dwelling units within the vicinity of the new schoolsite equals or exceeds 1.5 persons per room, excluding bathrooms, hallways, and porches. (Added by Stats. 2003, Ch. 574, Sec. 2. Effective January 1, 2004.)
  123. 35278.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Schoolsite Replacement Housing [35277 - 35278.5] ( Article 9.5 added by Stats. 2003, Ch. 574, Sec. 2. )

    Verify source ↗

    This section lets certain local public bodies and eligible nonprofits acquire and use property for schoolsite replacement housing if specified conditions are met, and requires a replacement housing plan before disposing of the property.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Schoolsite Replacement Housing [35277 - 35278.5] ( Article 9.5 added by Stats. 2003, Ch. 574, Sec. 2. ) ## 35278. (a) If a school district or community college district has acquired a new schoolsite containing residential dwelling units, the local governing agency, community college district, or eligible nonprofit corporation may, consistent with this article, acquire real property for the purpose of new schoolsite replacement housing and utilize or convey the property according to this article, if all of the following conditions are met: (1) The local governing agency has determined that an extreme shortage of affordable housing exists in the vicinity of the new schoolsite. (2) The real property to be used for replacement housing is acquired by the local governing agency, community college district, or an eligible nonprofit corporation in the vicinity of a new schoolsite, or in an area designated in the local governing agency’s replacement housing plan adopted pursuant to paragraph (1) of subdivision (e), within two years of the school district’s acquisition of a possessory right to the new schoolsite. (3) The combined area of the real property to be used for replacement housing acquired by the local governing agency, community college district, or an eligible nonprofit corporation pursuant to this article does not include any portion of the new schoolsite and does not, in acreage, exceed 150 percent of the area acquired by the school district for the new schoolsite. (b) (1) A local governing agency or eligible nonprofit corporation may rehabilitate, develop, or construct residential facilities on the property for the purpose of providing new schoolsite replacement housing as set forth in this article. (2) A community college district or eligible nonprofit corporation may acquire real property for the purpose of new schoolsite replacement housing only from a willing seller. (c) Notwithstanding Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code or any other provision of law, a local governing agency, community college district, or eligible nonprofit corporation that has acquired real property for new schoolsite replacement housing pursuant to this article may convey the property to an affiliated public agency for the purpose of providing new schoolsite replacement housing. An affiliated public agency that has acquired real property pursuant to this section may rehabilitate, develop, or construct residential facilities on the property for the purpose of providing new schoolsite replacement housing in compliance with this article. (d) Notwithstanding Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code or any other provision of law, a local governing agency, community college district, eligible nonprofit corporation, or an affiliated public agency, that has acquired real property for new schoolsite replacement housing pursuant to this article, may sell, lease for no more than 99 years, jointly develop, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or otherwise, or otherwise dispose of the real property or any interest in that property, or any portion thereof, for the purpose of providing new schoolsite replacement housing through the rehabilitation, development, or construction of residential facilities or combined residential and commercial facilities on that property. (e) (1) Any disposition of real property, pursuant to subdivision (d), acquired for new schoolsite replacement housing pursuant to this article shall be in furtherance of a replacement housing plan. The local governing agency, or community college district shall adopt a replacement housing plan for disposition of real property pursuant to this article, which shall meet all of the following requirements: (A) The replacement housing plan shall include all of the following: (i) A statement of the general location of housing to be developed pursuant to this section. (ii) A description of the means of financing the development. (iii) A finding that the actions to be taken pursuant to the plan do not require approval of the voters pursuant to Article XXXIV of the California Constitution, or that the approval has been or will be obtained. (iv) A specification of the number of dwelling units housing persons and families of low income and persons and families of moderate income, respectively, that are planned for construction or rehabilitation. (v) Provisions to ensure that persons displaced by the acquisition of a new schoolsite, and the acquisition of the new schoolsite replacement housing property pursuant to this article, shall have a right of first refusal for the purchase or rental of dwelling units developed in the replacement housing. (vi) A description of any facilities for commercial use to be constructed in combination with the replacement housing. (B) The number of dwelling units to be developed on the combined area of real property acquired pursuant to this article will be equal to a prescribed percentage, as determined by the local governing agency, or community college district, but in no event less than the sum of both of the following: (i) Seventy-five percent of the total number of dwelling units demolished or to be demolished in connection with construction or expansion of school facilities on the new schoolsite. (ii) The total number of dwelling units on the new schoolsite replacement housing property to be acquired pursuant to this article. (C) Unless the local governing agency or community college district prescribes a greater number pursuant to subparagraph (D), the number of dwelling units developed on the property acquired for new schoolsite replacement housing pursuant to this article that are available at affordable housing costs or affordable rents shall be greater than, or equal to, the lesser of either of the following: (i) A number equal to 50 percent of the dwelling units developed on the property acquired for new schoolsite replacement housing pursuant to this article. (ii) The number of households of persons and families of low, or moderate, income displaced by the acquisition of the new schoolsite property and by the acquisition of the property for new schoolsite replacement housing pursuant to this article. (D) A local governing agency, community college district, or eligible nonprofit corporation may require that all or any portion of the dwelling units, in addition to those required under subparagraph (C), be available at affordable housing cost or affordable rent to persons and families in lower income categories, including, persons and families of low income, very low income, or extremely low income. This section does not prohibit a local governing agency, community college district, or eligible nonprofit corporation from participating financially or otherwise to enable any housing developed pursuant to this article to serve households of lower income if the need for that housing is identified in, and consistent with, the replacement housing plan. (2) For a reasonable period of time prior to adopting the replacement housing plan, the agency or community college district shall make available a draft of the proposed plan for review and comment by public agencies and the general public. (Amended by Stats. 2004, Ch. 495, Sec. 2. Effective January 1, 2005.)
  124. 35278.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Schoolsite Replacement Housing [35277 - 35278.5] ( Article 9.5 added by Stats. 2003, Ch. 574, Sec. 2. )

    Verify source ↗

    A local governing agency is not required to acquire real property, develop replacement housing, or do any other act under this article, but it may choose to take action.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9.5. Schoolsite Replacement Housing [35277 - 35278.5] ( Article 9.5 added by Stats. 2003, Ch. 574, Sec. 2. ) ## 35278.5. This article does not require a local governing agency to acquire real property, develop replacement housing, or perform any other act pursuant to this article. A local governing agency may, at its option, take action pursuant to this article. (Added by Stats. 2003, Ch. 574, Sec. 2. Effective January 1, 2004.)
  125. 35290.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board of a school district must maintain schools and classes as provided by law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 35290. The governing board of any school district shall maintain schools and classes as provided by law. (Enacted by Stats. 1976, Ch. 1010.)
  126. 35291.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards must adopt discipline and governance rules that comply with law and State Board of Education rules; boards of districts serving grades 1-12 may also notify parents or guardians about those rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 35291. The governing board of any school district shall prescribe rules not inconsistent with law or with the rules prescribed by the State Board of Education, for the government and discipline of the schools under its jurisdiction. The governing board of each school district which maintains any of grades 1 through 12, inclusive, may, at the time and in the manner prescribed by Sections 48980 and 48981, notify the parent or guardian of all pupils registered in schools of the district of the availability of rules of the district pertaining to student discipline. (Amended by Stats. 2002, Ch. 1032, Sec. 2. Effective September 28, 2002.)
  127. 35291.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

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    Public schools may adopt school discipline rules and procedures, but if they do, the rules must match governing board policies and state statutes, involve specified school groups in development, and be enforced by school employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 35291.5. (a) On or before December 1, 1987, and at least every four years thereafter, each public school may, at its discretion, adopt rules and procedures on school discipline applicable to the school. For schools that choose to adopt rules pursuant to this article, the school discipline rules and procedures shall be consistent with any applicable policies adopted by the governing board and state statutes governing school discipline. In developing these rules and procedures, each school shall solicit the participation, views, and advice of one representative selected by each of the following groups: (1) Parents. (2) Teachers. (3) School administrators. (4) School security personnel, if any. (5) For junior high schools and high schools, pupils enrolled in the school. Meetings for the development of the rules and procedures should be developed and held within the school’s existing resources, during nonclassroom hours, and on normal schooldays. The final version of the rules and procedures on school discipline with attendant regulations may be adopted by a panel comprised of the principal of the school, or his or her designee, and a representative selected by classroom teachers employed at the school. It shall be the duty of each employee of the school to enforce the rules and procedures on school discipline adopted under this section. (b) The governing board of each school district may prescribe procedures to provide written notice to continuing pupils at the beginning of each school year and to transfer pupils at the time of their enrollment in the school and to their parents or guardians regarding the school discipline rules and procedures adopted pursuant to subdivision (a). (c) Each school may file a copy of its school discipline rules and procedures with the district superintendent of schools and governing board on or before January 1, 1988. (d) The governing board may review, at an open meeting, the approved school discipline rules and procedures for consistency with governing board policy and state statutes. (Amended by Stats. 2002, Ch. 1032, Sec. 3. Effective September 28, 2002.)
  128. 35291.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

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    Additional employees may not be hired, and substitute teachers may not be used, to meet the requirements of Sections 35291 and 35291.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 35291.7. Additional employees may not be hired and substitute teachers may not be utilized in order to comply with the requirements of Sections 35291 and 35291.5. (Added by Stats. 1986, Ch. 87, Sec. 2.5.)
  129. 35292.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards must visit each school at least once each term and carefully examine school management, needs, and conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 35292. The governing board of any school district shall visit each school in its district at least once each term, and examine carefully into the management, needs, and conditions of the schools. In any school district which employs district or city superintendents of schools, it shall either visit the schools or provide that they shall be visited by the district or city superintendent of schools or his assistants. (Enacted by Stats. 1976, Ch. 1010.)
  130. 35292.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

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    Schools covered by this section must keep restrooms clean, stocked, and open as required, and certain schools must provide at least one all-gender restroom by July 1, 2026.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 35292.5. (a) Every public and private school maintaining any combination of classes from kindergarten to grade 12, inclusive, shall comply with all of the following: (1) Every restroom shall at all times be maintained and cleaned regularly, fully operational, and stocked at all times with toilet paper, soap, and paper towels or functional hand dryers. (2) The school shall keep all restrooms open during school hours when pupils are not in classes, and shall keep a sufficient number of restrooms open during school hours when pupils are in classes. (b) (1) On or before July 1, 2026, each school district, county office of education, and charter school, including charter schools operating in a school district facility pursuant to Section 47614, maintaining any combination of classes from grades 1 to 12, inclusive, shall comply with the following for each of its schoolsites that, before July 1, 2026, has more than one female restroom and more than one male restroom designated exclusively for pupil use, excluding restrooms designated for pupils in transitional kindergarten or kindergarten: (A) Provide and maintain at least one all-gender restroom for pupil use that meets the following requirements: (i) Has signage identifying the bathroom facility as being open to all genders and in conformity with Title 24 of the California Code of Regulations. (ii) Is available for pupil use, consistent with the requirements of subdivision (a), as unlocked, unobstructed, easily accessible by any pupil, and consistent with existing pupil access to sex-segregated restrooms. (iii) Is consistent with the requirements pursuant to Section 35292.6. (iv) Is available during school hours and school functions when pupils are present. (B) Designate a staff member to serve as a point of contact for implementation of this section. (C) Post a notice regarding the requirements of this paragraph in a prominent and conspicuous location outside at least one all-gender restroom, including contact information for the person designated as a point of contact pursuant to subparagraph (B). (2) A school district, county office of education, or charter school may use an existing restroom to satisfy the requirements of this subdivision if it ensures that all pupils have restrooms that are in easily accessible locations and the existing restroom otherwise complies with the requirements in paragraph (1). (3) This subdivision shall be subject to compliance review pursuant to Section 253. (4) The department shall post on its internet website guidance for implementation of this subdivision, including, but not limited to, examples of signage and best practices. (5) This subdivision shall not supplant subdivision (f) of Section 221.5. Use of an all-gender restroom by a pupil shall be voluntary and pupils shall not be required to use an all-gender restroom. (6) This subdivision shall not preclude a schoolsite that does not have more than one female restroom and more than one male restroom designated exclusively for pupil use, excluding restrooms designated for pupils in transitional kindergarten or kindergarten, from identifying and making easily accessible, a restroom for pupil use that satisfies the requirements of this subdivision. (c) Notwithstanding subdivisions (a) and (b), a school may temporarily close a restroom as necessary (1) for a documented pupil safety concern, (2) for an immediate threat to pupil safety, or (3) to repair the facility. (Amended by Stats. 2023, Ch. 227, Sec. 3. (SB 760) Effective January 1, 2024.)
  131. 35292.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

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    Public schools serving grades 3–12 must keep menstrual products in specified restrooms, provide them free of charge, and post a notice with the section text and contact details.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 35292.6. (a) On or before the start of the 2024–25 school year, a public school, including a school operated by a school district, county office of education, or charter school, maintaining any combination of classes from grades 3 to 12, inclusive, shall stock the school’s restrooms at all times with an adequate supply of menstrual products, available and accessible, free of cost, in all women’s restrooms and all-gender restrooms, and in at least one men’s restroom. (b) A public school described in subdivision (a) shall not charge for any menstrual products provided to pupils. (c) A public school described in subdivision (a) shall post a notice regarding the requirements of this section in a prominent and conspicuous location in every restroom required to stock menstrual products, available and accessible, free of cost, pursuant to this section. This notice shall include the text of this section and contact information, including an email address and telephone number, for a designated individual responsible for maintaining the requisite supply of menstrual products. (d) For purposes of this section, “menstrual products” means menstrual pads and tampons for use in connection with the menstrual cycle. (e) This section shall become operative on July 1, 2024. (Repealed (in Sec. 2) and added by Stats. 2023, Ch. 421, Sec. 3. (AB 230) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  132. 35293.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district’s governing board must maintain its elementary day schools and day high schools, with equal rights and privileges as far as possible.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. School Maintenance [35290 - 35293] ( Article 10 enacted by Stats. 1976, Ch. 1010. ) ## 35293. The governing board of any school district shall maintain all of the elementary day schools established by it, and all of the day high schools established by it with equal rights and privileges as far as possible. (Enacted by Stats. 1976, Ch. 1010.)
  133. 35295.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Earthquake Emergency Procedures [35295 - 35297] ( Article 10.5 added by Stats. 1984, Ch. 1659, Sec. 1. )

    Verify source ↗

    The Legislature states that California schools should be prepared for earthquakes and that private elementary and high schools should have disaster plans and earthquake emergency procedures.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Earthquake Emergency Procedures [35295 - 35297] ( Article 10.5 added by Stats. 1984, Ch. 1659, Sec. 1. ) ## 35295. The Legislature finds and declares the following: (a) Because of the generally acknowledged fact that California will experience moderate to severe earthquakes in the foreseeable future, increased efforts to reduce earthquake hazards should be encouraged and supported. (b) In order to minimize loss of life and disruption, it is necessary for all private elementary schools and high schools to develop school disaster plans and specifically an earthquake emergency procedure system so that pupils and staff will act instinctively and correctly when an earthquake disaster strikes. (c) It is therefore the intent of the Legislature in enacting this article to authorize the establishment of earthquake emergency procedure systems in kindergarten and grades 1 through 12 in all private schools in California. (Amended by Stats. 2004, Ch. 895, Sec. 3. Effective January 1, 2005.)
  134. 35296.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Earthquake Emergency Procedures [35295 - 35297] ( Article 10.5 added by Stats. 1984, Ch. 1659, Sec. 1. )

    Verify source ↗

    Private school governing boards must establish an earthquake emergency procedure system in covered school buildings.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Earthquake Emergency Procedures [35295 - 35297] ( Article 10.5 added by Stats. 1984, Ch. 1659, Sec. 1. ) ## 35296. The governing board of each private school shall establish an earthquake emergency procedure system in every private school building under its jurisdiction having an occupant capacity of 50 or more pupils or more than one classroom. A governing board may work with the Office of Emergency Services and the Seismic Safety Commission to develop and establish the earthquake emergency procedure systems. (Amended by Stats. 2013, Ch. 352, Sec. 71. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  135. 35297.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Earthquake Emergency Procedures [35295 - 35297] ( Article 10.5 added by Stats. 1984, Ch. 1659, Sec. 1. )

    Verify source ↗

    Schools must include earthquake emergency procedures, including a disaster plan, drop procedures, protective measures, and staff/student training.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10.5. Earthquake Emergency Procedures [35295 - 35297] ( Article 10.5 added by Stats. 1984, Ch. 1659, Sec. 1. ) ## 35297. The earthquake emergency procedure system shall include, but not be limited to, all of the following: (a) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of students and staffs. (b) A drop procedure. As used in this article, “drop procedure” means an activity whereby each student and staff member takes cover under a table or desk, dropping to his or her knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once each school quarter in elementary schools and at least once a semester in secondary schools. (c) Protective measures to be taken before, during, and following an earthquake. (d) A program to ensure that the students and that both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system. (Amended by Stats. 1988, Ch. 448, Sec. 1.)
  136. 35310.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may create and run a scholarship and loan fund, and must set by rule how certain committee representatives are chosen and how long they serve.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 35310. The governing board of any school district may establish and maintain a scholarship and loan fund, to be administered by a committee composed of the members of the governing board of the school district, the school district superintendent, and such other community, faculty, administrative, and student representatives as the governing board shall determine. The governing board shall, by rules and regulations, determine the terms of office and the method of selection of such community, faculty, administrative, and student representatives. (Enacted by Stats. 1976, Ch. 1010.)
  137. 35311.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The superintendent of a school district must serve as the chairman of the committee and the chief executive officer of the fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 35311. The superintendent of school district shall be the chairman of the committee and shall be the chief executive officer of the fund. (Enacted by Stats. 1976, Ch. 1010.)
  138. 35312.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The committee must meet at least once each fiscal year, and it may also meet whenever the chairman calls it into session.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 35312. The committee shall meet at least once each fiscal year and at such other times as it may be called into session by the chairman. (Enacted by Stats. 1976, Ch. 1010.)
  139. 35313.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The committee may accept gifts, donations, bequests, and devises for the fund, and the governing board may block acceptance if attached conditions conflict with the fund’s purpose.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 35313. The committee may accept on behalf of, and in the name of, the fund, such gifts, donations, bequests, and devises as are made for the purposes of the fund. Such gifts, donations, bequests, and devises may be made subject to such conditions or restrictions as the committee may prescribe. Any donor to the fund may impose conditions to his gift, donation, bequest, or devise. The committee shall review all such conditions and make a recommendation to the governing board as to the compatibility of such conditions with the intent and purpose of the fund. The governing board shall have the authority to prohibit the committee from accepting any proposed donation to the fund if conditions with respect to the gift, donation, bequest, or devise are incompatible with the intent and purpose of the fund, as determined by the governing board. Except as provided in this section, in no event shall the approval of any state agency be a prerequisite to acceptance by the committee of any gift, donation, bequest, or devise. (Enacted by Stats. 1976, Ch. 1010.)
  140. 35314.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Money in the fund must be kept in a federally insured bank or similar institution and fully covered by that insurance. The committee must also maintain procedures to clearly track fund money, any separate trusts, and who money was received from and paid to.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 35314. Money in the fund shall be deposited in a bank or other institution whose accounts are federally insured, and any money so deposited shall be in an account or accounts fully covered by that insurance. The committee shall establish and maintain procedures to identify clearly all money in the fund and its separate and distinct impressed trusts, if any, and from whom and to whom the money was received and disbursed. (Amended by Stats. 1992, Ch. 115, Sec. 1. Effective January 1, 1993.)
  141. 35315.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Money in the fund may be used for interest-free loans, scholarships, or grants-in-aid to eligible persons.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 35315. All money in the fund shall be available for making interest-free loans for educational advancement, for scholarship, or for grants-in-aid to eligible persons. An eligible person for such loans shall be any of the following: (a) A bona fide organization of a school under the jurisdiction of the governing board of the school district. (b) An enrollee at a school under the jurisdiction of the governing board of the school district. (c) A graduate of a school under the jurisdiction of the governing board of the school district. (Enacted by Stats. 1976, Ch. 1010.)
  142. 35316.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A loan applicant must apply according to reasonable school district board rules, and those rules cannot limit eligibility based on characteristics listed in Section 220.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 35316. An applicant for a loan from the fund shall make application therefor in accordance with reasonable rules and regulations established by the governing board of the school district, provided that the rules and regulations shall not include any conditions limiting eligibility on account of the characteristics listed in Section 220. (Amended by Stats. 2007, Ch. 569, Sec. 20. Effective January 1, 2008.)
  143. 35317.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts must include funds in their annual budget for expenses tied to administering the scholarship and loan fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 35317. All expenses in the administration of the fund including, but not limited to, operating costs, audits, promotion of the fund, and physical housing for the committee, shall be a proper charge against the funds of the school district and the annual budget of the school districts shall include funds for such expenses. (Enacted by Stats. 1976, Ch. 1010.)
  144. 35318.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The school district governing board must arrange an annual audit of the fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 35318. The governing board of the school district shall arrange for an annual audit of the fund in the same manner as prescribed in Section 41020. (Enacted by Stats. 1976, Ch. 1010.)
  145. 35319.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The fund’s chief executive officer must report to the school district’s governing board about the fund’s status and activity at least annually.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 35319. The chief executive officer of the fund shall make periodic reports, but not less frequently than annually, to the governing board of the school district with respect to the status and activity of the fund. (Enacted by Stats. 1976, Ch. 1010.)
  146. 35330.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13. Excursions and Field Trips [35330 - 35332] ( Article 13 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School boards and county superintendents may organize and support field trips and excursions, with rules on transportation, insurance, funding, attendance credit, and waivers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13. Excursions and Field Trips [35330 - 35332] ( Article 13 enacted by Stats. 1976, Ch. 1010. ) ## 35330. (a) The governing board of a school district or the county superintendent of schools of a county may: (1) Conduct field trips or excursions in connection with courses of instruction or school-related social, educational, cultural, athletic, or school band activities to and from places in the state, any other state, the District of Columbia, or a foreign country for pupils enrolled in elementary or secondary schools. A field trip or excursion to and from a foreign country may be permitted to familiarize pupils with the language, history, geography, natural sciences, and other studies relative to the district’s course of study for pupils. (2) Engage instructors, supervisors, and other personnel to contribute their services over and above the normal period for which they are employed by the district, if necessary, and provide equipment and supplies for the field trip or excursion. (3) Transport by use of district equipment, contract to provide transportation, or arrange transportation by the use of other equipment, of pupils, instructors, supervisors, or other personnel to and from places in the state, another state, the District of Columbia, or a foreign country where those excursions and field trips are being conducted, provided that, when district equipment is used, the governing board shall secure liability insurance, and if travel is to and from a foreign country, liability insurance shall be secured from a carrier licensed to transact insurance business in the foreign country. (4) Provide supervision of pupils involved in field trips or excursions by certificated employees of the district. (b) (1) A pupil shall not be prevented from making the field trip or excursion because of lack of sufficient funds. To this end, the governing board shall coordinate efforts of community service groups to supply funds for pupils in need. (2) A group shall not be authorized to take a field trip or excursion authorized by this section if a pupil who is a member of an identifiable group will be excluded from participation in the field trip or excursion because of lack of sufficient funds. (c) (1) The attendance or participation of a pupil in a field trip or excursion authorized by this section shall be considered attendance for the purpose of crediting attendance for apportionments from the State School Fund in the fiscal year. Credited attendance resulting from a field trip or excursion shall be limited to the amount of attendance that would have accrued had the pupils not been engaged in the field trip or excursion. (2) Credited attendance shall not exceed 10 schooldays except in the case of pupils participating in a field trip or excursion in connection with courses of instruction, or school-related educational activities, and that are not social, cultural, athletic, or school band activities. (d) All persons making the field trip or excursion shall be deemed to have waived all claims against the district, a charter school, or the State of California for injury, accident, illness, or death occurring during or by reason of the field trip or excursion. All adults taking out-of-state field trips or excursions and all parents or guardians of pupils taking out-of-state field trips or excursions shall sign a statement waiving all claims. (e) Transportation allowances shall not be made by the Superintendent for expenses incurred with respect to field trips or excursions that have an out-of-state destination. A school district that transports pupils, teachers, or other employees of the school district in schoolbuses within the state and to destinations within the state, pursuant to the provisions of this section, shall report to the Superintendent on forms prescribed by him or her the total mileage of schoolbuses used in connection with educational excursions. In computing the allowance to a school district for regular transportation there shall be deducted from that allowance an amount equal to the depreciation of schoolbuses used for the transportation in accordance with rules and regulations adopted by the Superintendent. (Amended by Stats. 2018, Ch. 92, Sec. 49. (SB 1289) Effective January 1, 2019.)
  147. 35331.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13. Excursions and Field Trips [35330 - 35332] ( Article 13 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must provide or make available medical or hospital service for injured pupils on covered excursions and field trips.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13. Excursions and Field Trips [35330 - 35332] ( Article 13 enacted by Stats. 1976, Ch. 1010. ) ## 35331. (a) The governing board of any school district conducting excursions and field trips pursuant to this article shall provide, or make available, medical or hospital service, or both, for pupils of the district injured while participating in any excursion or field trip under the jurisdiction of, or sponsored or controlled by, the district or the authorities of any school of the district. (b) (1) The medical or hospital service, or both, described in subdivision (a) shall be provided, or made available, through any of the following: (A) One or more nonprofit membership corporations defraying the cost of medical or hospital service, or both. (B) One or more group, blanket, or individual policies of accident insurance from an authorized insurer. (C) A self-insurance program of the school district. (2) The cost incurred by the school district pursuant to this subdivision may be paid from the funds of the district, or by the insured pupil or his or her parent or guardian. (3) The membership may be taken in, or the insurance may be purchased from, only those corporations or insurers that are authorized to do business in this state. If the coverage described in this subdivision is to be provided through a self-insurance program of the school district, claims may be paid from a fund established for that purpose. (Amended by Stats. 2010, Ch. 89, Sec. 6. (AB 2081) Effective January 1, 2011.)
  148. 35332.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13. Excursions and Field Trips [35330 - 35332] ( Article 13 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Air transportation for excursions or field trips is allowed only if it is provided by one of the listed authorized types of aircraft or carriers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13. Excursions and Field Trips [35330 - 35332] ( Article 13 enacted by Stats. 1976, Ch. 1010. ) ## 35332. No transportation by air may be provided under this article unless the transportation by air is provided by any of the following: (a) aircraft owned and operated by the state or federal government; (b) chartered or regularly scheduled aircraft operated exclusively by an air carrier or foreign air carrier as defined in subdivisions (3) and (19) of Section 101 of Title 1 of the “Federal Aviation Act of 1958” (Public Law 85-726; 72 Stat. 731) engaged in air transportation as defined in subdivision (10) of the same section while there is in force a certificate or permit issued by the Civil Aeronautics Board of the United States, or its successor, authorizing such air carrier to engage in such transportation; or (c) chartered or regularly scheduled aircraft of a passenger air carrier as defined pursuant to Section 2741 of the Public Utilities Code that is authorized to engage in transportation by air in the State of California by the Public Utilities Commission pursuant to Chapter 4 (commencing with Section 2739) of Part 2 of Division 1 of the Public Utilities Code. (Amended by Stats. 1977, Ch. 41.)
  149. 35335.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13.5. School Camps [35335- 35335.] ( Article 13.5 added by Stats. 1977, Ch. 36. )

    Verify source ↗

    A school district governing board may charge a school camp fee, but paying it cannot be mandatory, and a pupil cannot be excluded for not paying.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 13.5. School Camps [35335- 35335.] ( Article 13.5 added by Stats. 1977, Ch. 36. ) ## 35335. The governing board of any elementary, high, or unified school district may charge a fee for school camp programs, provided that payment of such fee is not mandatory. No pupil shall be denied the opportunity to participate in a school camp program because of nonpayment of the fee. The amount of the fee may not exceed the difference between any state, local, or federal funds generated by such a program and the cost of the services actually provided. For purposes of this section a school camp program is one which is operated pursuant to Article 5 (commencing with Section 8760) of Chapter 4 of Part 6. (Added by Stats. 1977, Ch. 36.)
  150. 35350.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 15. Authority to Transport Pupils [35350 - 35351] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may not require a student or pupil to be transported unless the parent or guardian gives written permission.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 15. Authority to Transport Pupils [35350 - 35351] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 35350. No governing board of a school district shall require any student or pupil to be transported for any purpose or for any reason without the written permission of the parent or guardian. This section shall not apply to the transportation of a student or pupil in an emergency arising from illness or injury to the student or pupil. (Enacted by Stats. 1976, Ch. 1010.)
  151. 35351.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 15. Authority to Transport Pupils [35350 - 35351] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A public school pupil cannot be assigned to, or required to attend, a particular school because of the characteristics listed in Section 220.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 15. Authority to Transport Pupils [35350 - 35351] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 35351. No public school pupil shall be assigned to or be required to attend a particular school because of the characteristics listed in Section 220. (Amended by Stats. 2007, Ch. 569, Sec. 21. Effective January 1, 2008.)
  152. 35400.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Los Angeles Unified School District [35400 - 35401] ( Article 16 added by Stats. 1999, Ch. 295, Sec. 1. )

    Verify source ↗

    The Los Angeles Unified School District Inspector General may conduct audits and investigations, issue subpoenas, take testimony, and compel relevant documents when there is reasonable suspicion of a violation. A person who knowingly makes a false material statement after an oath or affirmation commits a misdemeanor, and the section requires an annual report to the Legislature.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Los Angeles Unified School District [35400 - 35401] ( Article 16 added by Stats. 1999, Ch. 295, Sec. 1. ) ## 35400. (a) The Los Angeles Unified School District’s Inspector General of the Office of the Inspector General may conduct audits and investigations. The inspector general may subpoena witnesses, administer oaths or affirmations, take testimony, and compel the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence deemed material and relevant and that reasonably relate to the inquiry or investigation undertaken by the inspector general when the inspector general has a reasonable suspicion that a law, regulation, rule, or school district policy has been violated or is being violated. For purposes of this section, “reasonable suspicion” means that the circumstances known or apparent to the inspector general include specific and articulable facts causing the inspector general to suspect that a material violation of law, regulation, rule, or school district policy has occurred or is occurring, and that the facts would cause a reasonable officer in a like position to suspect that a material violation of a law, regulation, rule, or school district policy has occurred or is occurring. (b) Subpoenas shall be served in the manner provided by law for service of summons. A subpoena issued pursuant to this section may be subject to challenge pursuant to Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure. (c) For purposes of this section, Sections 11184, 11185, 11186, 11187, 11188, 11189, 11190, and 11191 of the Government Code shall apply to the subpoenaing of witnesses and documents, reports, answers, records, accounts, papers, and other data and documentary evidence as if the investigation was being conducted by a state department head, except that the applicable court for resolving motions to compel or motions to quash shall be the Superior Court for the County of Los Angeles. (d) Notwithstanding any other law, a person who, after the administration of an oath or affirmation pursuant to this section, states or affirms as true any material matter that the person knows to be false is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment for the first offense. Any subsequent violation shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. (e) (1) The inspector general shall submit to the Legislature, on or before July 1 of each year, an annual report on all of the following: (A) The use and effectiveness of the subpoena power authorized by this section in the successful completion of the inspector general’s duties. (B) Any use of the subpoena power in which the issued subpoena was quashed, including the basis for the court’s order. (C) Any referral to the local district attorney or the Attorney General where the district attorney or Attorney General declined to investigate the matter further or declined to prosecute. (2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 871, Sec. 1. (SB 991) Effective January 1, 2025.)
  153. 35400.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Los Angeles Unified School District [35400 - 35401] ( Article 16 added by Stats. 1999, Ch. 295, Sec. 1. )

    Verify source ↗

    The Board of Education of the Los Angeles Unified School District appoints the inspector general for a three-year term, and the inspector general must follow specified inspector general and auditing standards.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Los Angeles Unified School District [35400 - 35401] ( Article 16 added by Stats. 1999, Ch. 295, Sec. 1. ) ## 35400.5. (a) The inspector general shall be appointed by the Board of Education of the Los Angeles Unified School District for a term of three years, subject to the terms of the inspector general’s employment contract. (b) (1) The inspector general shall conform to the Principles and Standards for Offices of Inspector General, published by the Association of Inspectors General. (2) Audits performed by the inspector general shall be conducted in accordance with generally accepted auditing standards, including either the Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States, or the International Standards for the Professional Practice of Internal Auditing issued by The Institute of Internal Auditors. (Added by Stats. 2024, Ch. 871, Sec. 2. (SB 991) Effective January 1, 2025.)
  154. 35401.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Los Angeles Unified School District [35400 - 35401] ( Article 16 added by Stats. 1999, Ch. 295, Sec. 1. )

    Verify source ↗

    The inspector general must report suspected illegal activity to the local district attorney or the Attorney General, may issue substantiated reports and findings with confidentiality protections, and may not disclose certain subpoena-based information except as allowed; unauthorized disclosure is a misdemeanor.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Governing Boards [35100 - 35401] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Los Angeles Unified School District [35400 - 35401] ( Article 16 added by Stats. 1999, Ch. 295, Sec. 1. ) ## 35401. (a) If the inspector general determines that there is reasonable cause to believe that an employee or outside agency has engaged in any illegal activity, he or she shall report the nature and details of the activity on a timely basis to the local district attorney or the Attorney General. (b) The inspector general does not have any enforcement power. (c) Every investigation, including, but not limited to, all investigative files and work-product, shall be kept confidential, except that the inspector general may issue any report of an investigation that has been substantiated, keeping confidential the identity of the individual or individuals involved, or release any findings resulting from an investigation conducted pursuant to this article that is deemed necessary to serve the interests of the district. (d) This section does not limit any authority conferred upon the Attorney General or any other department or agency of government to investigate any matter. (e) Except as authorized in this section, or if called upon to testify in any court or proceeding at law, any disclosure of information by the inspector general or that office that was acquired pursuant to a subpoena of the private books, documents, or papers of the person subpoenaed, is punishable as a misdemeanor. (Amended by Stats. 2003, Ch. 62, Sec. 39. Effective January 1, 2004.)
  155. 35500.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 1. Legislative Intent and Purpose [35500 - 35501] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    The section states the Legislature’s intent to keep districts organized as they were on January 1, 1981, and to base future district reorganization on local educational needs and concerns.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 1. Legislative Intent and Purpose [35500 - 35501] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35500. It is the intent of the Legislature to utilize the organization of districts as they existed on January 1, 1981, and local educational needs and concerns shall serve as the basis for future reorganization of districts in each county. (Amended by Stats. 2000, Ch. 1058, Sec. 17. Effective January 1, 2001.)
  156. 35501.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 1. Legislative Intent and Purpose [35500 - 35501] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    This section says Chapter 3 and Chapter 4 apply to actions to reorganize school districts, starting January 1, 1981.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 1. Legislative Intent and Purpose [35500 - 35501] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35501. On and after January 1, 1981, this chapter and Chapter 4 (commencing with Section 35700) shall apply to an action to reorganize school districts. (Amended by Stats. 1994, Ch. 1186, Sec. 4. Effective January 1, 1995.)
  157. 35510.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    This section says the article’s definitions control how this chapter and Chapter 4 are read, unless the context requires otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35510. Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter and Chapter 4 (commencing with Section 35700). (Amended by Stats. 2015, Ch. 448, Sec. 1. (SB 148) Effective January 1, 2016.)
  158. 35511.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    This section defines “action to reorganize districts” for school district reorganization matters.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35511. An “action to reorganize districts” means either of the following: (a) An action to form a new school district, which is accomplished through any of, or any combination of, the following: (1) Dissolving two or more existing school districts of the same kind and forming one or more new school districts of that same kind from the entire territory of the original districts. (2) Forming one or more new school districts of the same kind from all or parts of one or more existing school districts of that same kind. (3) Unifying school districts, including the consolidation of all or part of one or more high school districts with all or part of one or more component school districts into one or more new unified school districts. (4) Deunifying a school district, including the conversion of all or part of a unified school district into one or more new high school districts, each with two or more new component districts. (b) An action to transfer territory, including the transfer of all or part of an existing school district to another existing school district. (Amended by Stats. 2009, Ch. 314, Sec. 1. (AB 174) Effective January 1, 2010.)
  159. 35512.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    This section defines “county committee” as either the county committee on school district organization or the county board of education, as specified.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35512. “County committee” means the county committee on school district organization, organized and acting as provided for in Article 1 (commencing with Section 4000) of Chapter 1 of Part 3, or the county board of education, organized and acting as provided for in Article 2 (commencing with Section 4020) of Chapter 1 of Part 3. (Amended by Stats. 1987, Ch. 1452, Sec. 213.)
  160. 35513.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    This section defines which school districts count as “districts of the same kind” for this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35513. For the purposes of any reference in this chapter to “districts of the same kind,” all elementary school districts are districts of the same kind, all high school districts are districts of the same kind, and all unified school districts are districts of the same kind. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.)
  161. 35514.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    This section defines several school-district terms used in the chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35514. As used in this chapter and in Chapter 4 (commencing with Section 35700): (a) “Affected district” means a school district that has been, or is proposed to be, affected by an action to reorganize pursuant to Section 35511 or by an action to lapse a school district pursuant to Section 35780.1. Affected districts include all of the following school district types: (1) “Original district” means a school district as it existed before an action to reorganize pursuant to Section 35511 or before an action to lapse a school district pursuant to Section 35780.1. The boundaries of an “original district” are those of the school district as it existed immediately before the action to reorganize or lapse. (2) “Former district” means a school district that has been wholly included in another school district, or has had all of its territory made part of two or more other school districts, through any action taken pursuant to Section 35511 or through a lapsation pursuant to Section 35780.1. The boundaries of a former district are those of the school district as it existed immediately before an action to reorganize or lapse. (3) “New district” means a school district that is formed from all or portions of one or more other school districts by an action to reorganize taken pursuant to subdivision (a) of Section 35511. A new district does not exist before such an action. (4) “Acquiring district” means a school district that has all or portions of one or more other school districts transferred into, or lapsed into, its boundaries pursuant to subdivision (b) of Section 35511 or Section 35780.1. (5) “Divided district” means a school district that has had a portion of its territory become part of a new school district or transferred into one or more other school districts by an action to reorganize taken pursuant to Section 35511. (A) The “reorganized portion of a divided district” means the portion of the divided school district’s territory that becomes part of a new school district or is transferred into one or more other school districts. (B) The “remaining portion of a divided district” means the portion of the divided school district’s territory that does not become part of a new school district or that is not transferred into one or more other school districts. (6) “Reorganized district” means a school district that is a “new district,” an “acquiring district,” or a “divided district.” (b) “Districts” means school districts of every kind or class. (Amended by Stats. 2016, Ch. 186, Sec. 4. (AB 2659) Effective January 1, 2017.)
  162. 35515.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    This section defines “component district.”

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35515. “Component district” means an elementary school district that is included within a high school district or an elementary school district that is excluded from an action to unify a high school district but that continues to feed into the high schools of the new unified school district pursuant to subdivision (b) of Section 35542. (Amended by Stats. 2015, Ch. 448, Sec. 3. (SB 148) Effective January 1, 2016.)
  163. 35517.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    This section defines “uninhabited territory” as territory with fewer than 12 registered voters measured 54 days before a school district boundary-change petition is filed or a resolution is adopted.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 2. Definitions [35510 - 35517] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35517. “Uninhabited territory” means territory in which fewer than 12 persons are registered to vote at least 54 days before the time of filing of a petition or adoption of a resolution for a school district boundary change. (Added by Stats. 2005, Ch. 344, Sec. 3. Effective January 1, 2006.)
  164. 35520.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] ( Article 3 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    For multi-county school district reorganization actions, county officers or agencies must handle the proceedings or actions in each involved county, unless this article or other law says otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] ( Article 3 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35520. In any action to reorganize school districts, which are located in more than one county and are under the jurisdiction of different county superintendents of schools, the proceedings to be conducted or the actions to be taken by county officers or agencies shall be conducted or taken in each of the counties involved, except as provided in this article or as otherwise provided by law. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.)
  165. 35521.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] ( Article 3 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    A petition under Section 35520 must be filed in each county, and county superintendents must jointly decide whether the petition is sufficient.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] ( Article 3 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35521. Any petition to a county officer or agency in an action referred to in Section 35520 shall be presented in each county. The sufficiency of the petition shall be determined jointly by the county superintendents who have jurisdiction over the districts in which any petitioners reside. (Added by Stats. 1980, Ch. 1192, Sec. 2.)
  166. 35522.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] ( Article 3 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    County superintendents must call and conduct certain elections in their districts, and the superintendents with jurisdiction must jointly set the election date and hours, ballot form and content, and declare the result.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] ( Article 3 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35522. Any election in an action referred to in Section 35520 shall be called and conducted by each county superintendent in the districts which are under his or her jurisdiction and in which the election is to be held. The designation of the date and hours of the election, the form and content of the ballot, and the declaration of the result of the election shall be by joint action of the county superintendents having jurisdiction over the districts who call and conduct the election. (Added by Stats. 1980, Ch. 1192, Sec. 2.)
  167. 35523.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] ( Article 3 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    County officers or agencies conducting the hearing may hold a required or allowed public hearing in each county, or jointly in either county, if that is most convenient and practical.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] ( Article 3 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35523. Any public hearing required, or allowed to be held, in an action referred to in Section 35520 may be conducted in each county, or jointly in either county, as it appears most convenient and practical to the county officers or agencies conducting the hearing. (Added by Stats. 1980, Ch. 1192, Sec. 2.)
  168. 35524.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] ( Article 3 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    Decisions on certain school district reorganization actions may be made at or after a joint public hearing. If hearings are held separately in each county, a decision to grant or deny the reorganization can be made only after the counties have exchanged findings and tentative conclusions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] ( Article 3 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35524. Any decision in an action referred to in Section 35520 to recommend reorganization or to recommend approval or disapproval of a petition for reorganization may be taken at, or following, a joint public hearing. If separate hearings are conducted in each county, a decision to grant or deny the proposed reorganization shall be made only after findings and tentative conclusions of the hearings in each county have been transmitted to the officer or agency which conducted the hearings in each of the other counties. (Added by Stats. 1980, Ch. 1192, Sec. 2.)
  169. 35530.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    A district reorganization is complete when the board of supervisors makes the order required by Section 35765.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35530. An action to reorganize districts is complete when the board of supervisors makes the order required pursuant to Section 35765. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.)
  170. 35531.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    A unified school district formation action is complete when the school district boundaries become coterminous.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35531. An action to form a unified school district pursuant to Section 35542 is complete upon the date of completion of the action by which the boundaries of the school districts comprising the unified school district become coterminous. (Amended by Stats. 2016, Ch. 186, Sec. 5. (AB 2659) Effective January 1, 2017.)
  171. 35532.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    For a school district created or changed by reorganization, the changes take effect only after several listed steps are completed, unless this article says otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35532. Except as otherwise provided in this article, in any school district which is created or whose boundaries or status is changed by an action to reorganize districts, the changes shall be effective on the date when all of the following are completed: (a) The determination of the assessed valuation of any district or districts affected by the action. (b) The appointment or election of members of the governing board. (c) The preparation and submission of the school district budgets. (d) The election or appointment of an executive officer and other employees required to service the immediate needs of the district. (e) The election or appointment of employees for the ensuing school year. (f) The calling and conducting of any elections authorized by law relative to the financing of the district, including bonded indebtedness, tax rates, and State School Building Fund. (g) The expenditure of funds available to the district. (h) The exercise by the governing board of the school district of other powers and duties vested in governing boards of the districts of the same type of class and not inconsistent with other provisions of this code. (i) The receipt and expenditure of funds transferred pursuant to Section 42623. (j) The issuing and selling of bonds. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.)
  172. 35533.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    A district that is wholly absorbed into other districts keeps the powers and duties of governing boards of the same kind, so long as they are consistent with the code.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35533. Any district which is reorganized so as to be wholly absorbed into one or more other districts shall, after the date the action is complete and until the action is effective for all purposes, continue to have all of the powers and duties vested in governing boards of the same kind and not inconsistent with other provisions of this code. (Added by Stats. 1980, Ch. 1192, Sec. 2.)
  173. 35534.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    A school district reorganization action becomes effective for all purposes on July 1 of the year after it is completed, unless Sections 35536 or 35786 apply and subject to Section 54900 of the Government Code.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35534. Except as provided in Sections 35536 and 35786 and subject to compliance with Section 54900 of the Government Code, any action to reorganize a school district shall be effective for all purposes on July 1 of the calendar year following the calendar year in which the action is completed. (Amended by Stats. 2010, Ch. 89, Sec. 7. (AB 2081) Effective January 1, 2011.)
  174. 35536.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    A school district governing board may obtain an option to buy land for school purposes, and then proceed under the code on school district bonds.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35536. At any time after the appointment or election of the governing board of a school district and the naming of the school district, the board may secure an option to purchase land for school purposes for which school district bonds may be issued. The board may proceed, thereafter, in accordance with the provisions of this code, governing the issuance of school district bonds, with the same effect as though control of the property of the district had already been vested in the board. (Added by Stats. 1980, Ch. 1192, Sec. 2.)
  175. 35537.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    If a school district reorganization involves uninhabited land and all involved districts consent, the effective date for the related reorganization matters is the date agreed by the districts, but not earlier than the last approved school board resolution.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35537. Notwithstanding Section 35534, where a petition for reorganization and change of boundaries of one or more school districts involves a transfer of territory and the territory is uninhabited land and all districts involved consent to the transfer of territory, the effective date of the reorganization relating to the formation of a community facilities district and all matters relating to the authorization of a special tax pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code, as well as bonds and the sale thereof, shall be the date agreed upon by the respective school districts, which, in any event, shall be no earlier than the date of the last resolution approved by a school district governing board pursuant to paragraph (1) of subdivision (b) of Section 35709. (Added by Stats. 1992, Ch. 968, Sec. 1. Effective January 1, 1993.)
  176. 35540.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 5. Territory of School Districts [35540 - 35545] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    Each high school district and unified school district must match its boundaries to the boundaries of the component districts inside it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 5. Territory of School Districts [35540 - 35545] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35540. The boundaries of each high school district and unified school district shall be coextensive with the boundaries of the component districts, as defined in Section 35515, included within it. (Amended by Stats. 2022, Ch. 301, Sec. 2. (SB 1057) Effective January 1, 2023.)
  177. 35541.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 5. Territory of School Districts [35540 - 35545] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    If a district’s boundaries change, the territory added or removed must be included in or excluded from the related high school district or unified school district at the same time.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 5. Territory of School Districts [35540 - 35545] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35541. When the boundaries of a district which is a component of a high school district or a unified school district, as defined in Section 35515, are for any cause changed to include territory in, or to exclude from, the district, the territory added to, or removed from, the district shall, at the same time, be included in, or excluded from, the high school district or unified school district. (Amended by Stats. 2022, Ch. 301, Sec. 3. (SB 1057) Effective January 1, 2023.)
  178. 35542.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 5. Territory of School Districts [35540 - 35545] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    When an elementary and a high school district become coterminous, they merge into a new unified district. An elementary school district wholly inside a high school district may be excluded from that unification if approval is obtained under the stated conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 5. Territory of School Districts [35540 - 35545] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35542. (a) Whenever the boundaries of an elementary school district and a high school district become coterminous, the districts are merged into a new unified district. (b) Notwithstanding subdivision (a), an elementary school district that has boundaries that are totally within a high school district may be excluded from an action to unify those districts if the governing board receives approval for an exclusion from the county committee if the conditions of subdivision (b) of Section 35710 are met or from the state board if those conditions are not met. Any elementary school district so authorized to be excluded from an action to unify may continue to feed into the coterminous high school under the same terms that existed before any action to unify pursuant to subdivision (a). (Amended by Stats. 2010, Ch. 89, Sec. 8. (AB 2081) Effective January 1, 2011.)
  179. 35543.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 5. Territory of School Districts [35540 - 35545] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    A school district may not be formed or reorganized, on or after January 1, 1981, if that would include territory separated from the district by other school districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 5. Territory of School Districts [35540 - 35545] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35543. On or after January 1, 1981, a school district shall not be formed or reorganized to include territory which is separated from other portions of the territory of the district by the territory of one or more other school districts. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.)
  180. 35544.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 5. Territory of School Districts [35540 - 35545] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    When territory is transferred or added by reorganization to another district with trustee areas, it must join the contiguous trustee areas. If it touches more than one trustee area, the transfer agreement may divide the territory among them.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 5. Territory of School Districts [35540 - 35545] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35544. Whenever territory is transferred or added by means of reorganization to another district in which trustee areas have been established, the territory being transferred shall become a part of the trustee areas to which it is contiguous. In the event that the territory being transferred is contiguous to more than one trustee area, terms of agreement to the transfer may include provisions for the division of the transferred territory among the trustee areas to which it is contiguous. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.)
  181. 35545.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 5. Territory of School Districts [35540 - 35545] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    The county committee may include territory in further reorganization plans before a reorganized district becomes effective, and territory cannot be removed from a school district during the first five years after a new district is formed unless the district’s governing board consents.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 5. Territory of School Districts [35540 - 35545] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35545. (a) Before the date upon which a reorganized district becomes effective for all purposes, the county committee may include all, or part of, the territory in plans and recommendations for further reorganization. (b) During the first five years after the effective date for all purposes of the formation of a new district, no territory shall be removed from the school district without the consent of the governing board of the school district. (Amended by Stats. 2016, Ch. 186, Sec. 6. (AB 2659) Effective January 1, 2017.)
  182. 35555.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] ( Article 6 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    School district reorganization must not change the classification of already employed certificated employees, and employees may carry their status into the district that takes over the school or worksite.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] ( Article 6 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35555. (a) The reorganization of any school district or school districts shall not affect the classification of certificated employees already employed by any school district affected. Those employees have the same status with respect to their classification by the school district, including time served as probationary employees of the school district, after the reorganization as they had before it. If the reorganization results in the school or other place in which the employee is employed being maintained by another school district, the employee, if a permanent employee of the school district that formerly maintained the school or other place of employment, shall be employed as a permanent employee of the school district that thereafter maintains the school or other place of employment, unless the employee elects before February 1 of the year in which the action will become effective for all purposes to continue in the employ of the first school district. (b) If the employee is a probationary employee of the school district that formerly maintained the school or other place of employment, he or she shall be employed by the school district that thereafter maintains the school or other place of employment, unless the probationary employee is terminated by the school district pursuant to Section 44929.21, 44948, 44948.3, 44949, or 44955, and, if not so terminated, his or her status with respect to classification by the school district shall be the same as it would have been had the school or other place of employment continued to be maintained by the school district that formerly maintained it. As used in this paragraph, “the school or other place in which the employee is employed” and all references thereto, includes, but is not necessarily limited to, the school services or school program that, as a result of any reorganization of a school district, will be provided by another school district, irrespective of whether any particular building or buildings in which the schoolwork or school program was conducted is physically located in the reorganized district and irrespective of whether any reorganized district elects to provide for the education of its pupils by contracting with another school district until the reorganized district constructs its own facilities. (Amended by Stats. 2016, Ch. 186, Sec. 7. (AB 2659) Effective January 1, 2017.)
  183. 35556.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] ( Article 6 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    When a school district is reorganized, employee rights and transfers are generally preserved, and employees may move to the new or acquiring district in the situations described here.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] ( Article 6 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35556. (a) The reorganization of any school district, or school districts, shall not affect the rights of persons employed in positions not requiring certification qualifications to retain the salary, leaves, and other benefits that they would have had if the reorganization had not occurred. These persons shall be treated in the manner provided in this section. (b) All employees of every school district that is included in any other school district, or all school districts included in a new district, shall become employees of the new district. (c) (1) When a portion of the territory of any school district becomes part of another school district, employees regularly assigned to perform their duties in the territory affected shall become employees of the acquiring district unless, in a manner consistent with relevant provisions of this code and with any applicable collective bargaining agreement, one of the following events occurs: (A) An employee elects to accept a vacant position, for which he or she qualifies, that the original district elects to fill. (B) An employee elects to fill, by exercise of his or her rights of seniority under existing law or the collective bargaining agreement with the original district, a position, for which he or she qualifies, in the original district. (C) An employee elects to have his or her name entered on a reemployment list of the original district. (2) Employees whose assignments pertained to the affected territory, but whose employment situs was not in that territory, may elect to remain with the original district or become employees of the acquiring district. (d) When the territory of any school district is divided between, or among, two or more new or acquiring districts, and the original district ceases to exist, employees of the original district regularly assigned to perform their duties in any specific territory of the school district shall become employees of the school district acquiring the territory. Employees not assigned to specific territory within the original district shall become employees of any acquiring district at the election of the employees. (e) An employee regularly assigned by the original district to any school in the school district shall be an employee of the school district in which the school is located unless that employee elects to continue in the employ of the original district pursuant to subdivision (c). (f) Except as otherwise provided in this section, nothing in this section shall be construed to deprive the governing board of the new or acquiring district from making reasonable reassignments of duties. (g) The amendments to this section made during the 1999–2000 Regular Session of the Legislature shall apply only to school district reorganizations commenced on or after January 1, 2000. (Amended by Stats. 2016, Ch. 186, Sec. 8. (AB 2659) Effective January 1, 2017.)
  184. 35557.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] ( Article 6 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    In certain school district reorganizations, the required board election is not held and the county superintendent appoints successors instead.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] ( Article 6 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35557. (a) Notwithstanding Section 5000, whenever, in a district that has been wholly absorbed into one or more other districts and continues in existence as a district until the reorganization in which it has been included is effective for all purposes and a governing board member election is otherwise required to be held prior to the effective date of the reorganization, no election shall be held. Instead, the county superintendent of schools shall appoint successors to the members whose terms expire on the first Friday in December following the date upon which the election would otherwise have been held. The appointees shall hold office until the reorganization becomes effective for all purposes. (b) Subdivision (a) shall apply to any school district governed by a city board of education whenever the school district has been included with other school district territory within a unification effected pursuant to this chapter, where both of the following apply: (1) The charter of the city involved requires an election of city school district governing board members to be held prior to the date the new unified district becomes effective for all purposes. (2) The governing board of the new unified school district is organized to be subject to the provisions of this code rather than the provisions of the city charter. (Added by renumbering Section 5002 by Stats. 1996, Ch. 1143, Sec. 5. Effective September 30, 1996.)
  185. 35558.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] ( Article 6 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    This section sets the term lengths and election timing for the first board of a newly formed unified school district, and lets the board use a resolution to change those term end dates.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] ( Article 6 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35558. (a) Notwithstanding Sections 35105 and 5000, in the case of a unified school district formed in an even-numbered year, where in connection with the formation of which the first governing board was elected in that even-numbered year, all of the members of the first elected governing board shall serve until the first Friday in December of the second succeeding odd-numbered year. Their successors shall be elected at an election conducted on the first Tuesday after the first Monday in November of the second succeeding odd-numbered year. The majority of successors receiving the highest number of votes shall serve until the first Friday in December of the second odd-numbered year thereafter succeeding. The other members’ terms shall expire on the first Friday in December of the first odd-numbered year thereafter succeeding. (b) Notwithstanding subdivision (a), the governing board of a unified school district formed in an even-numbered year may provide, pursuant to an appropriate resolution adopted by the governing board, that the majority of the members of the governing board who received the highest number of votes in the first election of governing board members for the district shall serve until the first Friday in December of the third odd-numbered year succeeding that first election, and that the other members’ terms shall expire on the first Friday in December of the second odd-numbered year succeeding that first election. The resolution described in this subdivision shall be adopted on or before March 15 of the second odd-numbered year succeeding the first election of the governing board. (Added by renumbering Section 5003 by Stats. 1996, Ch. 1143, Sec. 6. Effective September 30, 1996.)
  186. 35559.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] ( Article 6 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    For a new school district formed under these conditions, there is no November election that odd-numbered year; the expiring members stay in office until April 30 of the next even-numbered year, and a governing board election is held in April to fill those offices.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] ( Article 6 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35559. Notwithstanding Sections 5000 and 35105, when the first elected board of any new district is elected on the same date that the election is held for adopting the proposal for the formation of the new district and when the terms of several members of the first governing board would expire before the date on which the school district becomes effective for all purposes, no election shall be held in November of that odd-numbered year, but the several members whose terms expire shall serve until April 30 of the next succeeding even-numbered year. A governing board election shall be held on the second Tuesday in April of that even-numbered year to fill the offices of the members whose terms expire on the April 30 next succeeding the election. The terms of office of the members so elected shall expire on the first Friday in December of the second succeeding odd-numbered year. Their successors shall be elected pursuant to Section 5000. (Amended by Stats. 2016, Ch. 186, Sec. 9. (AB 2659) Effective January 1, 2017.)
  187. 35560.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    When a school district is reorganized, its former district’s property, funds, and obligations are allocated under stated rules, and qualified special taxes may continue to be imposed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35560. When a school district is reorganized, both of the following shall apply: (a) When the allocation of funds, property, and obligations is not fixed by terms, conditions, or recommendations as provided by law, the funds, property, and obligations of a former district, except for bonded indebtedness, shall be allocated as follows: (1) The real property and personal property and fixtures normally situated thereat shall be the property of the district in which the real property is located. (2) All other property, funds, and obligations, except bonded indebtedness, shall be divided pro rata among the districts in which the territory of the former district is included. The basis for the division and allocation shall be the assessed valuation of the part of the former district which is included within each of the districts. (b) Any qualified special taxes may continue to be imposed pursuant to Section 50079.2 of the Government Code. (Amended by Stats. 2011, Ch. 276, Sec. 1. (AB 504) Effective January 1, 2012.)
  188. 35561.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    Money from the sale of school bonds must be used only for listed school-property purposes in the original district territory, unless the bonded debt is assumed by the new or acquiring district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35561. Any funds derived from the sale of the school bonds issued by the original district shall be used for the acquisition, construction, or improvement of school property only in the territory that comprised the original district or to discharge bonded indebtedness of the original district, except that, if the bonded indebtedness is assumed by the new or acquiring district, the funds may be used in any area of the new district for the purposes for which the bonds were originally voted. (Amended by Stats. 2016, Ch. 186, Sec. 10. (AB 2659) Effective January 1, 2017.)
  189. 35562.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    When all territory of a school district is split among two or more districts on the same effective date, the former district’s records must be disposed of according to where the old superintendent’s office was located and which district later employs the personnel or keeps the pupil’s last school.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35562. If all the territory of a school district becomes part of two or more school districts of any type, and the inclusion in the two or more new or acquiring districts of the several portions of territory comprising the whole of the former district is effective for all purposes on the same date, the records of the former district shall be disposed of as follows: (a) All records of the former district that are required by law to be kept on file shall be deposited with the governing board of the school district which, after the reorganization has become effective for all purposes, has located within its boundaries the former office of the superintendent of the original district. (b) Records of employees shall be transferred to the school district thereafter employing the personnel or thereafter maintaining the last place of employment. (c) Records of pupils shall be transferred to the school district that, after the date on which the reorganization becomes effective for all purposes, maintains the school in which a pupil was last enrolled. (Amended by Stats. 2016, Ch. 186, Sec. 11. (AB 2659) Effective January 1, 2017.)
  190. 35563.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    When a school district’s territory is split among two or more districts at the same time, the county superintendent of schools must handle the former district’s records, reports, obligations, filing, record distribution, auditor hiring, and other necessary dissolution tasks, with a stated exception for certain contract obligations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35563. (a) If all of the territory of a school district becomes part of two or more school districts of any type, and the inclusion in the two or more new school districts of the several portions of territory comprising the former district is effective for all purposes on the same date, the county superintendent of schools having jurisdiction over the former district shall assume responsibility for all of the following: (1) Completing all records and reports of the former district. (2) Paying all outstanding obligations, except obligations resulting from contracts that are to be assumed by a new or acquiring district. (3) Preparing for proper filing all records of the former district required to be kept permanently by the provisions of any applicable code. (4) Distributing records as provided in Section 35562. (5) Employing an auditor as required in Section 41020. (6) Discharging other functions that he or she deems necessary to the dissolution of the school district. (b) In discharging these duties, the county superintendent of schools may request the services of employees of the original district or the new or acquiring district, and the new or acquiring districts shall release those employees to the county superintendent of schools for the purpose of accomplishing the requirements of this section. The salaries of those employees and all other necessary expenses of completing the requirements of this section shall be charged against the accumulated funds of the former district before the final distribution of those funds to the new or acquiring districts. (Amended by Stats. 2016, Ch. 186, Sec. 12. (AB 2659) Effective January 1, 2017.)
  191. 35564.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    When a school district is reorganized and pupils leave the district, the student body’s property, funds, and obligations are divided by the county committee, subject to a pupil-based cap. Certain gifted funds stay with the student body and are not divided.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35564. If the reorganization of a school district under this chapter results in the relocation of district boundaries so that a portion of the pupils will not be residents of the district thereafter maintaining a school previously attended by the pupils, and if there is in the school an organized student body, the property, funds, and obligations of the student body shall be divided as determined by the county committee, except that the share shall not exceed an amount equal to the ratio which the number of pupils leaving the school bears to the total number of pupils enrolled. The ownership of the property, funds, and obligations, which is the proportionate share of each segment of the student body, shall be transferred to the student body of the school or schools in which the pupils are enrolled after the reorganization. Funds from devises, bequests, or gifts made to the organized student body of a school shall remain the property of the organized student body of that school and shall not be divided. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.)
  192. 35565.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    If school districts dispute how to divide funds, property, or obligations after a reorganization, arbitrators must be appointed to resolve it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35565. If a dispute arises between the governing boards of the districts concerning the division of funds, property, or obligations, a board of arbitrators shall be appointed which shall resolve the dispute. The board shall consist of one person selected by each district from which territory is withdrawn pursuant to a reorganization action under this chapter, one person selected by each district of which territory has become a part pursuant to that reorganization action, and either one or two persons, such that the board of arbitrators contains an odd number of persons, appointed by the county superintendent of schools of the county in which the districts are located. The districts involved may mutually agree that a person appointed as arbitrator by the county superintendent of schools may act as sole arbitrator of the matters to be submitted to arbitration. The necessary expenses and compensation of the arbitrators shall be divided equally between the districts, and the payment of the portion of the expenses is a legal charge against the funds of the school districts. The arbitrator or arbitrators shall make a written finding on the matter submitted to arbitration. The written finding and determination of a majority of the board of arbitrators is final and binding upon the school districts submitting the question to the board of arbitration. (Amended by Stats. 1991, Ch. 409, Sec. 2.)
  193. 35566.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    If certain affected school districts receive only basic aid apportionments, property tax revenue exchanges for a reorganization must follow Revenue and Taxation Code section 99(i).

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] ( Article 7 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35566. Notwithstanding any other provision of this article, exchanges of property tax revenues between school districts as a result of an action to reorganize shall be determined pursuant to subdivision (i) of Section 99 of the Revenue and Taxation Code if one or more affected districts receive only basic aid apportionments required by Section 6 of Article IX of the California Constitution. (Amended by Stats. 2016, Ch. 186, Sec. 13. (AB 2659) Effective January 1, 2017.)
  194. 35570.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    This section says the article applies only to certain school district bonded indebtedness reallocation situations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35570. This article applies only to the reallocation of bonded indebtedness of a school district on general obligation bonds under one of the following conditions: (a) The bonded indebtedness was approved by the voters prior to July 1, 1978. (b) The bonded indebtedness was incurred for the acquisition or improvement of real property and was approved on or after July 1, 1978, by two-thirds of the votes cast by the voters voting on the proposition. (c) The bonded indebtedness was incurred for the acquisition or improvement of real property and was approved on or after July 1, 1978, by 55 percent of the votes cast by the voters voting on the proposition at a regularly scheduled election or a statewide special election. (Amended by Stats. 2006, Ch. 730, Sec. 6. Effective January 1, 2007.)
  195. 35571.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. )

    Verify source ↗

    If a school district is created, annexed, abolished, or its boundaries change, the affected districts must be taxed for outstanding bonded debt in the proportions set by this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35571. When a school district is created, annexed, or abolished, or the boundaries thereof changed, the liability to taxation for the outstanding bonded indebtedness of the district or the territory affected thereby is as provided in this article. The authorities whose duty it is to levy taxes for the payment of principal and interest on the outstanding bonds shall levy the taxes upon the districts affected in such proportions as are provided in, or are determined under, the authority of this article. (Added by Stats. 1980, Ch. 1192, Sec. 2.)
  196. 35572.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. )

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    Territory cannot be transferred between school districts if the transfer would make the divided district’s outstanding bonded debt exceed 5% of the assessed valuation of the remaining territory for each level maintained.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35572. No territory shall be taken from any school district having any outstanding bonded indebtedness and made a part of another school district where the action, if taken, would so reduce the last equalized assessed valuation of the divided district so that the outstanding bonded indebtedness of the divided district would exceed 5 percent of the assessed valuation in the remaining territory of the divided district for each level maintained, on the date the reorganization is effective pursuant to Section 35766. (Amended by Stats. 2016, Ch. 186, Sec. 14. (AB 2659) Effective January 1, 2017.)
  197. 35573.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. )

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    If school districts merge into a single district, the new district is liable for all outstanding bonded debt of the merged districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35573. When any school district is in any manner merged with one or more school districts so as to form a single district by any procedure, the district so formed is liable for all of the outstanding bonded indebtedness of the districts united or merged. (Added by Stats. 1980, Ch. 1192, Sec. 2.)
  198. 35574.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. )

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    For bonding-capacity calculations under the State School Building Aid Law of 1952, certain outstanding bonded indebtedness is treated as a liability of the new or acquiring school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35574. Notwithstanding any other provision of this code, for the purposes of applying the State School Building Aid Law of 1952 (Chapter 6 (commencing with Section 16000) of Part 10 of Division 1 of Title 1), the amount of outstanding bonded indebtedness, exclusive of interest, of the former or divided districts that is equal to the liability incurred by the new or acquiring district pursuant to Section 35576 shall be considered a liability of the new or acquiring district for purposes of computing the bonding capacity of the school district. (Amended by Stats. 2016, Ch. 186, Sec. 15. (AB 2659) Effective January 1, 2017.)
  199. 35575.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. )

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    If territory is transferred from one school district to another and the area has no public school property or buildings, it loses liability for old bonded debt and takes on its share of the new district’s bonded debt.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35575. When territory is taken from one school district and annexed to another school district and the area transferred contains no public school property or buildings, the territory shall drop any liability for outstanding bonded indebtedness in the district of which it was formerly a part and shall automatically assume its proportionate share of the outstanding bonded indebtedness of the district of which it becomes a part. (Added by Stats. 1980, Ch. 1192, Sec. 2.)
  200. 35576.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. )

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    When school district territory is reorganized and includes real property, the new or acquiring district takes possession of that property when the reorganization becomes effective, and the county board of supervisors must compute the related annual tax rates.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] ( Article 8 added by Stats. 1980, Ch. 1192, Sec. 2. ) ## 35576. (a) If territory is taken from one school district and annexed to, or included in, a new or acquiring district by any procedure, and the area transferred contains real property, the new or acquiring district shall take possession of the real property, pursuant to paragraph (1) of subdivision (a) of Section 35560, on the day when the action to reorganize becomes effective for all purposes. The reorganized territory shall cease to be liable for the bonded indebtedness of the school district of which it was formerly a part, and shall automatically assume its proportionate share of the outstanding bonded indebtedness of any school district of which it becomes a part. (b) The new or acquiring district shall be liable for the greater of the amounts determined under provisions of paragraph (1) or (2), or the amount determined pursuant to a method prescribed under Section 35738. (1) The proportionate share of the outstanding bonded indebtedness of the original district, which proportionate share shall be in the ratio that the total assessed valuation of the transferring territory bears to the total assessed valuation of the original district in the year immediately preceding the date on which the action to reorganize is effective for all purposes. This ratio shall be used each year until the bonded indebtedness for which the new or acquiring district is liable has been repaid. (2) The portion of the outstanding bonded indebtedness of the original district that was incurred for the acquisition or improvement of real property, or fixtures located on the real property, and situated in the reorganized territory. (c) The county board of supervisors shall compute for the reorganized districts an annual tax rate for bond interest and redemption that will include the bond interest and redemption on the outstanding bonded indebtedness specified in paragraph (1) or (2) of subdivision (b), or the amount determined pursuant to a method prescribed under Section 35738. The county board of supervisors shall also compute tax rates for the annual charge and use charge prescribed by former Sections 1822.2 and 1825, as they read on July 1, 1970, when those charges were established before November 23, 1970. All of those tax rates shall be levied in excess of any other ad valorem property tax authorized or required by law, and shall not be included in the computation of the limitation specified in subdivision (a) of Section 1 of Article XIII A of the California Constitution. (Amended by Stats. 2016, Ch. 186, Sec. 16. (AB 2659) Effective January 1, 2017.)

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