Education Code — Part 21 | EDC — United States — California law | Esheria

Education Code

Part 21 of 57 · provisions 4,001–4,200

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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. 35577.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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 Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2.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 a school district with authorized but unsold bonds is fully divided and disappears, the board of supervisors must enter an order dividing the bond-issuing authorization among the new or acquiring districts by assessed valuation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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 Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2.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. ) ## 35577. Whenever a school district having authorized but unsold bonds is completely divided between two or more new or acquiring districts so that the original district ceases to exist, pursuant to any provision of this chapter, the board of supervisors shall, before the date the action is effective for the purposes of Section 35534, make and enter an order in the minutes of its proceedings that the authorization to issue the unsold bonds be divided between each new or acquiring district in the ratio that the assessed valuation of the reorganized territory included in each school district bears to the total assessed valuation of the former district. The bonds, if issued by any new or acquiring district, shall be considered a liability of the school district for purposes of computing the bonding capacity of the school district when applying the State School Building Aid Law of 1952 (Chapter 6 (commencing with Section 16000) of Part 10 of Division 1 of Title 1). (Amended by Stats. 2016, Ch. 186, Sec. 17. (AB 2659) Effective January 1, 2017.)
  2. 35578.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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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    The board of supervisors may issue certain unsold school district bonds in the name of the new or acquiring district, and the sale proceeds must be used only for the purposes the bonds were authorized for.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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. ) ## 35578. Any unsold bonds of an elementary, high, or unified school district that is included as a whole in a new or acquiring district through any kind of reorganization may be issued by the board of supervisors in the name of the new or acquiring district and the proceeds derived upon the sale thereof shall be the funds of the new or acquiring district. However, the proceeds derived upon the sale thereof shall be expended only for the purpose, or purposes, for which those bonds were authorized. (Amended by Stats. 2016, Ch. 186, Sec. 18. (AB 2659) Effective January 1, 2017.)
  3. 35579.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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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    Certain unsold school-district bonds are treated as a liability of the new or acquiring district when calculating bonding capacity.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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. ) ## 35579. Any unsold bonds of an elementary, high, or unified school district that is included as a whole in a new or acquiring district through any kind of reorganization, if issued by the board of supervisors in the names of the former districts shall be considered a liability of the new or acquiring district for purposes of computing the bonding capacity of the school district when applying the State School Building Aid Law of 1952 (Chapter 6 (commencing with Section 16000) of Part 10 of Division 1 of Title 1). (Amended by Stats. 2016, Ch. 186, Sec. 19. (AB 2659) Effective January 1, 2017.)
  4. 35580.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] ( Article 9 added by Stats. 2012, Ch. 730, Sec. 1. )

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    This section says Article 9 applies to the Wiseburn school district reorganization and related bond/tax matters for the Wiseburn Unified School District and the Centinela Valley Union High 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 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] ( Article 9 added by Stats. 2012, Ch. 730, Sec. 1. ) ## 35580. Notwithstanding Article 8 (commencing with Section 35570), this article shall apply to the reorganization of the Wiseburn School District and the Centinela Valley Union High School District by the formation of the Wiseburn Unified School District and the termination of the Wiseburn School District. This article determines the liability for taxation, the bonding capacity, the permitted use of existing bond proceeds, and the allocation of authorized but unsold bonds of the Wiseburn Unified School District and the Centinela Valley Union High School District, and applies to the activities of the Local Public Schools Funding Authority, a joint powers authority created by the Wiseburn School District and the Centinela Valley Union High School District or the Wiseburn Unified School District and the Centinela Valley Union High School District. (Added by Stats. 2012, Ch. 730, Sec. 1. (SB 477) Effective January 1, 2013.)
  5. 35581.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] ( Article 9 added by Stats. 2012, Ch. 730, Sec. 1. )

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    The Centinela Valley Union High School District must transfer $4 million from certain bond proceeds to the Wiseburn Unified School District, and the Wiseburn district must use those proceeds only for the original authorized bond 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 3. Reorganization of School Districts—General Provisions [35500 - 35586] ( Chapter 3 repealed and added by Stats. 1980, Ch. 1192, Sec. 2. ) ## ARTICLE 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] ( Article 9 added by Stats. 2012, Ch. 730, Sec. 1. ) ## 35581. (a) Any tax for repayment of bonds of the Wiseburn School District shall be levied on all taxable property of the Wiseburn Unified School District. (b) Any tax for repayment of bonds issued by the Wiseburn Unified School District, including bonds authorized by the Wiseburn School District, shall be levied on all taxable property of the Wiseburn Unified School District. (c) Commencing with the fiscal year that begins on the effective date of the reorganization of the Wiseburn School District by the formation of the Wiseburn Unified School District, any tax for repayment of voter approved bonds of the Centinela Valley Union High School District approved before January 1, 2012, shall be levied on both of the following: (1) All taxable property located within the Centinela Valley Union High School District as the district exists following the effective date of reorganization pursuant to this section. (2) All taxable property located within the Wiseburn Unified School District that was formerly part of the territory of the Centinela Valley Union High School District. (d) In recognition of the authority for Centinela Valley Union High School District to continue levying property taxes on taxable property located within the Wiseburn Unified School District for repayment of bonds approved by voters before January 1, 2012, beginning on the effective date of reorganization of the Wiseburn School District by the formation of the Wiseburn Unified School District, the Centinela Valley Union High School District shall transfer to the Wiseburn Unified School District an amount equal to four million dollars ($4,000,000) from the proceeds of the sale of bonds approved by voters on November 2, 2010, and issued after January 1, 2012. The transfer shall be made from the proceeds of the sale of the first series of bonds issued after January 1, 2012, unless the Centinela Valley Union High School District elects to allocate the transfers to more than one series of bonds, in which case the transfers shall aggregate to the amount of four million dollars ($4,000,000). Proceeds transferred pursuant to this subdivision shall be expended by the Wiseburn Unified School District for purposes consistent with the original voter authorization for the bonds. (Added by Stats. 2012, Ch. 730, Sec. 1. (SB 477) Effective January 1, 2013.)
  6. 35582.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] ( Article 9 added by Stats. 2012, Ch. 730, Sec. 1. )

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    This section sets how the bonding limits are calculated for the Wiseburn Unified School District, the Centinela Valley Union High School District, and related joint authorities, and it allows those districts to seek a waiver.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] ( Article 9 added by Stats. 2012, Ch. 730, Sec. 1. ) ## 35582. (a) The bonding limit applicable to the Wiseburn Unified School District shall be equal to the sum of both of the following: (1) The limit specified in Section 15106, as applied to all taxable real property within the Wiseburn Unified School District zoned for residential purposes of any classification by reference to the general plan of the County of Los Angeles or any other zoning ordinance applicable to the territory. (2) The limit specified in Section 15102, as applied to all taxable property within the territory of the Wiseburn Unified School District other than real property zoned for residential purposes of any classification by reference to the general plan of the County of Los Angeles or any other zoning ordinance applicable to the territory. (b) Notwithstanding Section 35543 or any other law, the bonding limit applicable to the Centinela Valley Union High School District shall be equal to the sum of both of the following: (1) The limit specified in Section 15102, as applied to all taxable property within the Centinela Valley Union High School District. (2) The limit specified in Section 15102, as applied to all taxable property within the territory of the Wiseburn Unified School District other than real property zoned for residential purposes of any classification by reference to the general plan of the County of Los Angeles or any other zoning ordinance applicable to the territory. (c) The bonding limit applicable to bonds payable from ad valorem property taxes of a joint powers authority created by the Wiseburn School District and the Centinela Valley Union High School District or the two surviving school districts, acting together pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code), shall be equal to the sum of the respective bonding limits applicable to the members of such authority. (d) If the Local Public Schools Funding Authority created by the Wiseburn School District and the Centinela Valley Union High School District, or the two surviving school districts, acting together pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code), maintains outstanding bonded indebtedness issued pursuant to Chapter 1 (commencing with Section 15100), Chapter 1.5 (commencing with Section 15264), or Chapter 2 (commencing with Section 15300), of Part 10 of Division 1 of Title 1, the bonded indebtedness shall be allocated to the Wiseburn Unified School District and the Centinela Valley Union High School District, respectively, for purposes of the calculation of debt capacity pursuant to the bonding limits set forth in subdivisions (a) and (b), according to the following: (1) As to bonds issued under authorizations approved by voters before January 1, 2018, including refunding bonds issued thereafter and related to such bonds, in proportionate amounts calculated based on the assessed value of taxable property within each respective school district securing repayment of the bonds. (2) As to bonds issued under authorizations approved by voters following January 1, 2018, in appropriate amounts calculated based on the amount of proceeds of the bonds of such series expended for projects within each respective school district. (e) This section does not prohibit the Wiseburn Unified School District or the Centinela Valley Union High School District from seeking a waiver pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2 or any other similar law of the bonding limits of this section or any other applicable statutory bonding limit. (Amended by Stats. 2018, Ch. 101, Sec. 1. (AB 2301) Effective January 1, 2019.)
  7. 35584.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] ( Article 9 added by Stats. 2012, Ch. 730, Sec. 1. )

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    A qualifying Wiseburn Unified School District pupil may attend Centinela Valley Union High School District without an interdistrict attendance agreement if that district accepts the pupil.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] ( Article 9 added by Stats. 2012, Ch. 730, Sec. 1. ) ## 35584. A pupil residing in the Wiseburn Unified School District who is eligible to attend any of grades 9 to 12, inclusive, may attend the Centinela Valley Union High School District without an interdistrict attendance agreement if the Centinela Valley Union High School District accepts that pupil for attendance. (Added by Stats. 2012, Ch. 730, Sec. 1. (SB 477) Effective January 1, 2013.)
  8. 35585.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] ( Article 9 added by Stats. 2012, Ch. 730, Sec. 1. )

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    The reorganization-plan election for the Wiseburn Unified School District must be held within the Wiseburn School District territory, and the plan passes only if a majority of votes cast on the proposal are favorable.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] ( Article 9 added by Stats. 2012, Ch. 730, Sec. 1. ) ## 35585. Notwithstanding any other law, the election to approve the reorganization plan for the Wiseburn Unified School District shall be conducted within the territory of the Wiseburn School District, and shall be approved upon a favorable vote of a majority of all votes cast on the reorganization proposal. (Added by Stats. 2012, Ch. 730, Sec. 1. (SB 477) Effective January 1, 2013.)
  9. 35586.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] ( Article 9 added by Stats. 2012, Ch. 730, Sec. 1. )

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    The named governing board, or the two surviving school districts acting together, may use specified Title 1 procedures on behalf of the joint powers authority.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( 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 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] ( Article 9 added by Stats. 2012, Ch. 730, Sec. 1. ) ## 35586. The governing board of the Local Public Schools Funding Authority formed by the Wiseburn School District and the Centinela Valley Union High School District or the two surviving school districts, acting together pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code), may proceed pursuant to Chapter 1 (commencing with Section 15100), Chapter 1.5 (commencing with Section 15264), or Chapter 2 (commencing with Section 15300), of Part 10 of Division 1 of Title 1 on behalf of the joint powers authority that is created by and under the exclusive authority of its member school districts. (Added by Stats. 2012, Ch. 730, Sec. 1. (SB 477) Effective January 1, 2013.)
  10. 35700.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

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    A school district reorganization starts when a petition is filed with the county superintendent of schools and signed by one of the listed groups.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35700. An action to reorganize one or more districts is initiated upon the filing, with the county superintendent of schools, of a petition to reorganize one or more school districts signed by any of the following: (a) At least 25 percent of the registered voters residing in the territory proposed to be reorganized if the territory is inhabited. Where the petition is to reorganize territory in two or more school districts, the petition shall be signed by at least 25 percent of the registered voters in that territory in each of those districts. (b) A number of registered voters residing in the territory proposed to be reorganized, equal to at least 8 percent of the votes cast for all candidates for Governor at the last gubernatorial election in the territory proposed to be reorganized, where the affected territory consists of a single school district with over 200,000 pupils in average daily attendance and the petition is to reorganize the district into two or more districts. (c) The owner of the property, provided that territory is uninhabited and the owner thereof has filed either a tentative subdivision map with the appropriate county or city agency or an application for any project, as defined in Section 21065 of the Public Resources Code, with one or more local agencies. (d) A majority of the members of the governing boards of each of the districts that would be affected by the proposed reorganization. (Amended by Stats. 1995, Ch. 267, Sec. 2. Effective January 1, 1996.)
  11. 35700.1.

    ## 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    A county superintendent of schools may provide reorganization-related assistance, guidance, and petition-processing support, but funds allocated to the Los Angeles County Office of Education may not be used to instigate, solicit, or promote reorganization plans, except for research supporting review and recommendations on submitted plans.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35700.1. (a) A county superintendent of schools may do any of the following, as necessary, with respect to the reorganization of school districts within the jurisdiction of a county superintendent of schools: (1) Before the initiation of an action to reorganize, a county superintendent of schools may do any of the following: (A) Provide information, coordination, and guidance to potential petitioners for reorganization and to other parties inquiring about the petition process. (B) Provide procedural advice and counseling. (C) Provide information and assistance for community meetings, information sessions, and briefing sessions. (D) Provide for coordination of media and community relations. (2) A county superintendent of schools may perform the following duties for the processing and evaluation of multiple petitions to reorganize one or more school districts: (A) Ensure compliance with all requirements pertaining to the petitions. (B) Ensure compliance with all required timelines or deadlines for petitions. (C) Apply new and preexisting evaluation criteria to the petition. (3) A county superintendent of schools may provide assistance to reorganized districts during the interim period, as follows: (A) To ensure smooth transitions with minimum disruption to pupils and staff. (B) To provide advisory and consulting expertise on any of the following: (i) Board and administrative policies and regulations. (ii) Personnel policies. (iii) Curriculum. (iv) Instructional programs and services. (v) Financial and budgeting functions. (vi) Distribution of assets and liabilities. (b) No funds appropriated in the annual Budget Act or another statute and allocated to the Los Angeles County Office of Education shall be used to instigate, solicit, or promote the development of plans to reorganize a school district or school districts within the jurisdiction of the county office of education, except that the funds may be used to support the research necessary to review and make recommendations regarding reorganization plans that are submitted to the county office of education. (Amended by Stats. 2016, Ch. 186, Sec. 20. (AB 2659) Effective January 1, 2017.)
  12. 35700.3.

    ## 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    A petition under Section 35700 must reasonably identify the territory to be reorganized.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35700.3. A petition filed under Section 35700 shall be required to reasonably identify the territory to be reorganized, which identification may include references to streets or prominent geographic features. The inclusion of legal descriptions or plat maps, or both, however, shall not be a prerequisite for the filing of a valid petition. (Added by Stats. 1998, Ch. 906, Sec. 1. Effective January 1, 1999.)
  13. 35700.5.

    ## 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    Before starting proceedings to consider a school district reorganization plan, the county committee on school district organization must give written notice of the proposed action to the local agency formation commission for the affected area.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35700.5. Before initiating proceedings to consider any reorganization plan, the county committee on school district organization shall provide written notice of the proposed action to the local agency formation commission for the affected area. (Added by Stats. 2000, Ch. 761, Sec. 1. Effective January 1, 2001.)
  14. 35701.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    A petition to reorganize school districts may designate no more than three petitioners as chief petitioners for notice 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35701. In any petition to reorganize school districts there shall be designated no more than three of the petitioners as chief petitioners for the purpose of receiving notice of any public hearings to be held on the petition. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.)
  15. 35702.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    People collecting signatures for a school district reorganization petition must attach an affidavit.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35702. The persons securing the signatures to a petition of electors to reorganize school districts shall attach thereto an affidavit that all persons who signed the petition did so in the presence of the affiant and that each signature is a genuine signature of the person whose name it purports to be. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.)
  16. 35703.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    A petition filed under this article may include the appropriate provisions listed in Article 3 starting at Section 35730.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35703. Any petition filed under this article may include any of the appropriate provisions specified in Article 3 (commencing with Section 35730). (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.)
  17. 35704.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The county superintendent of schools must examine a reorganization petition within 30 days after filing and, if it is sufficient and properly signed, send it at the same time to the county committee and the State 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35704. The county superintendent of schools, within 30 days after any petition for reorganization is filed, shall examine the petition and, if he or she finds it to be sufficient and signed as required by law, transmit the petition simultaneously to the county committee and to the State Board of Education. (Amended by Stats. 2000, Ch. 1058, Sec. 18. Effective January 1, 2001.)
  18. 35705.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The county committee must hold one or more public hearings within 60 days after receiving the petition, and notice of the hearing must be given at least 10 days in advance to specified people.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35705. Within 60 days after receipt of the petition, the county committee shall hold one or more public hearings thereon at a regular or special meeting in each of the districts affected by the petition. Notice of the public hearing shall be given at least 10 days in advance thereof to not more than three persons designated in the petition as the chief petitioners, to the governing board of all districts affected by the proposed reorganization, and to all other persons requesting notice of the hearing. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.)
  19. 35705.5.

    ## 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The county committee may add or amend certain petition provisions, and it must make a petition description publicly available at least 10 days before the hearing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35705.5. (a) The county committee may add to the petition any of the appropriate provisions specified in Article 3 (commencing with Section 35730) that were not included in the petition as filed and may amend any such provision that was so included. (b) At least 10 days before the public hearing, or hearings, on the petition, the county committee shall make available to the public and to the governing boards affected by the petition a description of the petition, including all of the following: (1) The rights of the employees in the affected districts to continued employment. (2) The local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, per pupil, for each affected district and the effect of the petition, if approved, on that allocation. (3) Whether the school districts involved will be governed, in part, by provisions of a city charter and, if so, in what way. (4) Whether the governing boards of any proposed new district will have five or seven members. (5) A description of the territory or school districts in which the election, if any, will be held. (6) Where the proposal is to create two or more new districts, whether the proposal will be voted on as a single proposition. (7) Whether the governing board of any new district will have trustee areas and, if so, whether the trustees will be elected by only the voters of that trustee area or by the voters of the entire school district. (8) A description of how the property, obligations, and bonded indebtedness of original districts will be divided. (9) A description of when the first governing board of any new district will be elected and how the terms of office for each new trustee will be determined. (Amended by Stats. 2016, Ch. 186, Sec. 21. (AB 2659) Effective January 1, 2017.)
  20. 35706.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The county committee must act on certain school district reorganization petitions within 120 days after the first public hearing begins.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35706. (a) Within 120 days of the commencement of the first public hearing on the petition, the county committee shall recommend approval or disapproval of a petition to form one or more new districts or for the division of the entire territory of a school district into two or more new or acquiring districts, as the petition may be augmented, or shall approve or disapprove a petition for the transfer of territory, as the petition may be augmented. The county committee also shall approve or disapprove a petition to form one or more new districts if the conditions of subdivision (b) of Section 35710 are met. (b) The 120-day period for approving or disapproving a petition pursuant to Section 35709 or 35710 shall commence after certification of an environmental impact report, approval of a negative declaration, or a determination that the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Amended by Stats. 2016, Ch. 186, Sec. 22. (AB 2659) Effective January 1, 2017.)
  21. 35706.5.

    ## 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    Certain school district reorganizations cannot proceed unless a majority of the affected district’s governing board consents, but that consent stops being required after 10 years from final payment of the emergency loan in the specified cases.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35706.5. (a) No action to reorganize a school district shall be initiated or completed without the consent of a majority of all of the members of the governing board of the affected district if both of the following conditions apply to the school district: (1) It has obtained an emergency apportionment loan from the State of California, but the Superintendent has determined that a state administrator is no longer necessary, and has restored, before the effective date of this section, the legal rights, duties, and powers of the governing board of the school district pursuant to Section 41326. (2) It has a pupil population 70 percent of which is from either a “lower income household” or “very low income household” as those terms are defined in Sections 50079.5 and 50105, respectively, of the Health and Safety Code. (b) For purposes of this section, for any school district that meets the description specified in paragraph (1) of subdivision (a), consent to an action to reorganize the boundaries of the school district shall no longer be required when 10 years have elapsed from the date of final payment by the school district of the emergency loan to the State of California. (Amended by Stats. 2016, Ch. 186, Sec. 23. (AB 2659) Effective January 1, 2017.)
  22. 35707.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The county committee must promptly send most petitions to the State Board of Education with its recommendations, and it must also report on certain stated effects of the proposed reorganization.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35707. (a) Except for petitions for the transfer of territory, the county committee shall expeditiously transmit the petition to the State Board of Education together with its recommendations thereon. It shall also report whether any of the following, in the opinion of the committee, would be true regarding the proposed reorganization as described in the petition: (1) It would adversely affect the school district organization of the county. (2) It would comply with the provisions of Section 35753. (b) Petitions for transfers of territory shall be transmitted pursuant to Section 35704. (Amended by Stats. 2000, Ch. 1058, Sec. 19. Effective January 1, 2001.)
  23. 35708.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The state board must hear certain petitions transmitted under Section 35707, along with included plans and recommendations, unless the petition is for forming one or more new districts approved under Section 35710(b).

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35708. Except for a petition to form one or more new districts approved pursuant to subdivision (b) of Section 35710, a petition transmitted pursuant to Section 35707, including the plans and recommendations included therein, if any, together with the recommended approval or disapproval and the plans and recommendations, if any, of the county committee shall be heard by the state board as provided in Article 4 (commencing with Section 35750). (Amended by Stats. 2016, Ch. 186, Sec. 24. (AB 2659) Effective January 1, 2017.)
  24. 35709.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The county committee may approve a petition and must notify the county board of supervisors if the section’s conditions are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35709. If the following conditions are met, the county committee may approve the petition and order that the petition be granted, and shall so notify the county board of supervisors: (a) The county committee finds that the conditions enumerated in paragraphs (1) to (10), inclusive, of subdivision (a) of Section 35753 are substantially met, and: (b) Either: (1) The petition is to transfer uninhabited territory from one school district to another and the owner of the territory, or a majority of the owners of the territory, and the governing board of each affected district consents to the transfer; or (2) The petition is to transfer inhabited territory of less than 10 percent of the assessed valuation of the school district from which the territory is being transferred, and the governing board of each affected district consents to the transfer. (Amended by Stats. 2016, Ch. 186, Sec. 25. (AB 2659) Effective January 1, 2017.)
  25. 35710.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

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    The county committee may approve certain school district petitions if stated conditions are met, and if approved it must notify the county superintendent, who must call an election. For some new-district petitions, the county committee may approve only if additional consents, authority transfers, and CEQA cost-sharing steps are completed; if such a petition is not approved, it goes to the state 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35710. (a) For all other petitions to transfer territory, if the county committee finds that the conditions enumerated in paragraphs (1) to (10), inclusive, of subdivision (a) of Section 35753 substantially are met, the county committee may approve the petition. If the petition is approved, the county committee shall notify the county superintendent of schools, who shall call an election in the territory of the affected districts, as determined by the county committee, to be conducted at the next election of any kind, in accordance with one of the following: (1) Section 1002 of the Elections Code and Part 4 (commencing with Section 5000) of Division 1 of Title 1 of this code. (2) Division 4 (commencing with Section 4000) of the Elections Code. (b) A county committee also may approve a petition to form one or more new districts if the requirements of subdivision (a), and the following conditions, are met: (1) Each county superintendent of schools with jurisdiction over an affected district elects to grant approval authority to the county committee on school district organization for which he or she is secretary pursuant to Section 4012, and that county committee chooses to accept that authority. (2) The governing board of each of the affected districts consents to the petition. (3) The secretary of the county committee designated as the lead agency pursuant to Section 35710.3 enters into an agreement on behalf of the county committee for any or all affected districts to share among those districts the costs of complying with the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (c) A petition to form one or more new districts that meets the conditions described in subdivision (b), but is not approved by the county committee, shall be transmitted to the state board pursuant to subdivision (a) of Section 35707 and heard by the state board pursuant to Section 35708. The state board, rather than the county committee, shall be the lead agency, as defined in Section 21067 of the Public Resources Code, for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for each petition transmitted pursuant to this subdivision, including a petition disapproved by the county committee after determining the project is exempt from the California Environmental Quality Act pursuant to paragraph (5) of subdivision (b) of Section 21080 of the Public Resources Code. (Amended by Stats. 2017, Ch. 561, Sec. 30. (AB 1516) Effective January 1, 2018.)
  26. 35710.1.

    ## 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

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    An election may not be called to vote on a petition to transfer territory when the election area is uninhabited territory. If the county committee approves the petition, it must grant the petition and notify the county board of supervisors.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35710.1. Notwithstanding any other provision of law, an election may not be called to vote on a petition to transfer territory if the election area for that petition, as determined pursuant to Section 35732, is uninhabited territory as described in Section 35517. The county committee, if it approves that petition, shall order that the petition be granted and shall notify the county board of supervisors. (Added by Stats. 2005, Ch. 344, Sec. 7. Effective January 1, 2006.)
  27. 35710.3.

    ## 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    A county committee is the lead agency for CEQA purposes when it considers certain petitions, unless the state board is the lead agency under a specified exception.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35710.3. A county committee shall be the lead agency, as defined in Section 21067 of the Public Resources Code, for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for each petition it considers pursuant to Sections 35709 and 35710, unless the state board is the lead agency pursuant to subdivision (c) of Section 35710. (Added by Stats. 2009, Ch. 314, Sec. 6. (AB 174) Effective January 1, 2010.)
  28. 35710.5.

    ## 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

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    This section sets the procedure for appealing certain county committee decisions to the state 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35710.5. (a) (1) An action by the county committee approving a petition pursuant to Section 35709, 35710, 35710.1, or paragraph (2) or (3) of subdivision (a) of Section 35722 may be appealed to the state board by the chief petitioners or one or more affected school districts. Except as provided in paragraph (2), the appeal shall be limited to issues of noncompliance with Section 35705, 35706, or 35710, or subdivision (a) or (b) of Section 35709. If an appeal is made as to the issue of whether the proposed transfer will adversely affect the racial or ethnic integration of the schools of the districts affected, it shall be made pursuant to Section 35711. (2) Notwithstanding paragraph (1), an appeal for which notice of the appeal, pursuant to subdivision (b), was filed before July 1, 2020, shall be considered pursuant to this section, as it read on December 31, 2019. (b) Within five days after the final action of the county committee, the appellant shall file with the county committee a notice of appeal and shall provide a copy to the county superintendent of schools, except that if the appellant is one of the affected school districts it shall have 30 days to file the notice of appeal with the county committee and provide a copy to the county superintendent. Upon the filing of the notice of appeal, the action of the county committee shall be stayed, pending the outcome of the appeal. Within 15 days after the filing of the notice of appeal, the appellant shall file with the county committee a statement of reasons and factual evidence. The county committee shall then, within 15 days of receipt of the statement, send to the state board the statement and the complete administrative record of the county committee proceedings, including minutes of the oral proceedings. (c) Upon receipt of the appeal, the state board may either review the appeal or ratify the county committee’s decision by summarily denying review of the appeal. The board may review the appeal either solely on the administrative record or in conjunction with a public hearing. Following the review, the board shall affirm or reverse the action of the county committee, and if the petition will be sent to election, shall determine the territory in which the election is to be held. The board may reverse or modify the action of the county committee in any manner consistent with law. (d) The decision of the state board shall be sent to the county superintendent of schools pursuant to Section 35755. (Amended by Stats. 2022, Ch. 301, Sec. 4. (SB 1057) Effective January 1, 2023.)
  29. 35710.51.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

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    The county superintendent of schools must call an election within 35 days after receiving the notice from Section 35710, and must wait to issue the order of election until the appeal period has expired.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35710.51. (a) The county superintendent of schools, within 35 days after receiving the notification provided by Section 35710, shall call an election, in the manner prescribed in Part 4 (commencing with Section 5000), to be conducted at the next election of any kind in accordance with either of the following: (1) Section 1002 of the Elections Code and Part 4 (commencing with Section 5000) of Division 1 of Title 1. (2) Division 4 (commencing with Section 4000) of the Elections Code. (b) The county superintendent of schools shall call the election in the territory of districts as determined by the county committee on school district organization, or, in the case of territory transfers appealed to the state board pursuant to subdivision (c) of Section 35710.5, as determined by the state board. The county superintendent of schools shall not issue an order of election until after the time for an appeal pursuant to subdivision (b) of Section 35710.5 has elapsed. (Amended by Stats. 2014, Ch. 327, Sec. 5. (AB 1599) Effective January 1, 2015.)
  30. 35711.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

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    A person who questions certain county committee findings may appeal to the state board within 30 days, and the appeal stays the county committee action while it is pending.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35711. (a) A person questioning the finding of the county committee pursuant to Section 35709, 35710, or paragraph (2) or (3) of subdivision (a) of Section 35722 that the action to transfer territory or form one or more new districts will not adversely affect the racial or ethnic integration of the schools of the districts affected, may appeal a decision based on that finding. The appeal shall be made to the state board within 30 days. The appeal shall be based upon factual and statistical evidence. The secretary of the state board shall expeditiously notify the county superintendent of schools upon the filing of the appeal. Upon the filing of the appeal, the action of the county committee shall be stayed, pending the outcome of the appeal. (b) If the state board denies the appeal, the decision of the county committee shall stand. If the state board approves the appeal, it shall review the findings of the county committee at a regular meeting of the state board. (c) The state board shall notify the county committee of its decision on the appeal. If the state board approves the appeal, the county committee shall transmit a copy of the proceedings to the state board within 30 days after receipt of notice. The state board shall review the transcript, considering all factors involved. The state board may reverse, or may affirm, the decision of the county committee, or if it appears that inadequate consideration was given to the effect of the transfer on integration of the schools of the school districts affected, it shall direct the county committee to reconsider its decision and for this purpose to hold another hearing. (d) The secretary of the state board shall notify the county superintendent of schools of the state board’s final action regarding the appeal. If the action of the county committee to approve a territory transfer ultimately stands following the state board action, Section 35709 and subdivision (a) of Section 35710 shall apply, as appropriate. (e) The county superintendent of schools shall not call an election pursuant to subdivision (a) of Section 35710 until after the time for an appeal pursuant to subdivision (a) of this section has elapsed. (Amended by Stats. 2022, Ch. 301, Sec. 5. (SB 1057) Effective January 1, 2023.)
  31. 35712.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. )

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    The State Board of Education may adopt rules and regulations to implement this article when it deems them necessary.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] ( Article 1 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35712. The State Board of Education may adopt rules and regulations for the implementation of this article, as it deems necessary. (Added by Stats. 1990, Ch. 1658, Sec. 7.)
  32. 35720.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. )

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    County committees on school district organization must, under State Board of Education direction, prepare plans and recommendations for organizing districts in the county or parts of adjacent counties when appropriate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35720. Each county committee on school district organization shall, under the direction of the State Board of Education, formulate plans and recommendations for the organization of the districts in the county or any portion thereof including, if appropriate, a portion of one or more adjacent counties. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.)
  33. 35720.5.

    ## 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The county committee must adopt a tentative recommendation, hold public hearings in the proposed reorganization area, and give notice before the hearing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35720.5. (a) The county committee shall adopt a tentative recommendation following which action it shall hold one or more public hearings in the area proposed for reorganization at least 30 days before submission of a final recommendation for unification or other reorganization to the state board. (b) The public hearing required by this section shall be called when both of the following conditions are met: (1) Notice is sent to the governing board of each affected district at least 10 days before the hearing. (2) Notice of the hearing is either published in a newspaper of general circulation or posted in every schoolhouse and at least three public places in the affected territory, school district, or school districts. (c) The notice shall contain information as to the time, place, and purpose of the hearing. (Amended by Stats. 2016, Ch. 186, Sec. 28. (AB 2659) Effective January 1, 2017.)
  34. 35721.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The county committee must hold a public hearing when it receives certain qualifying petitions or a qualifying resolution, and then must decide whether to grant or deny the petition.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35721. (a) On receipt of a petition signed by at least 10 percent of the qualified electors residing in any district for a consideration of unification or other reorganization of any area, the county committee shall hold a public hearing on the petition at a regular or special meeting. (b) On receipt of a petition signed by at least 5 percent of the qualified electors residing in a school district with over 200,000 pupils in average daily attendance in which the petition is to reorganize the district into two or more districts, the county committee shall hold a public hearing on the petition at a regular or special meeting. (c) On receipt of a resolution approved by a majority of the members of a city council, county board of supervisors, governing body of a special district, or local agency formation commission that has jurisdiction over all or a portion of the school district for consideration of unification or other reorganization of any area, the county committee shall hold a public hearing on the proposal at a regular or special meeting. (d) Following the hearing conducted pursuant to subdivision (a), (b), or (c), the county committee shall grant or deny the petition. If the county committee grants the petition, it shall adopt a tentative recommendation following which action it shall hold one or more public hearings in the area proposed for reorganization. The provisions of Sections 35705 and 35705.5 shall apply to any such public hearing. (Amended by Stats. 2000, Ch. 761, Sec. 1.5. Effective January 1, 2001.)
  35. 35721.5.

    ## 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    Before starting proceedings to consider a school district reorganization plan, the county committee must give written notice of the proposed action to the local agency formation commission for the affected area.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35721.5. Before initiating proceedings to consider any reorganization plan, the county committee on school district organization shall provide written notice of the proposed action to the local agency formation commission for the affected area. (Added by Stats. 2000, Ch. 761, Sec. 2. Effective January 1, 2001.)
  36. 35722.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    After the required public hearing, the county committee may adopt a final recommendation on district unification or other reorganization and must then take one of the listed follow-up actions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35722. (a) Following the public hearing, or the last public hearing, required by Section 35720.5 or subdivision (d) of Section 35721, the county committee may adopt a final recommendation for unification or other reorganization and shall take one of the following actions: (1) Transmit that recommendation together with the petition filed under subdivision (a) or (b) of Section 35721, or with the resolution filed under subdivision (c) of Section 35721, if any, to the state board for hearing as provided in Article 4 (commencing with Section 35750). (2) Transmit the petition to the state board and order the reorganization granted if the requirements of Section 35709 are satisfied. (3) Transmit the petition to the state board and order that an election be held if the requirements of Section 35710 are satisfied. (b) An action of the county committee that results in a transmittal described in either paragraph (2) or (3) of subdivision (a) may be appealed to the state board pursuant to Section 35710.5 or 35711. (Amended by Stats. 2022, Ch. 301, Sec. 6. (SB 1057) Effective January 1, 2023.)
  37. 35723.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    A county committee must notify the other county’s committee members when a reorganization study area includes territory from another county, and those members must be mailed notice of each related public hearing or meeting at least 10 days 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35723. When a county committee selects an area for study for possible recommendation for reorganization which includes territory of one or more school districts under the jurisdiction of the county superintendent of schools of another county, the county committee shall so notify the members of the county committee of such other county. Thereafter, the members of the county committee of such other county shall be notified by mail of each public hearing or meeting of the county committee at which the proposed reorganization will be considered at least 10 days prior to the day of such hearing or meeting. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.)
  38. 35724.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    County committees must seek written concurrence from adjacent county committees before forwarding affected school-district reorganization plans, and nonresponse for 90 days counts as concurrence.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] ( Article 2 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35724. If plans and recommendations adopted by a county committee propose changes in the boundaries or status of school districts under the jurisdiction of the superintendent of any adjacent county, the county committee of each such adjacent county shall be requested in writing to concur in the plans and recommendations. If the county committee of an adjacent county concurs in the plans and recommendations, the concurrence shall accompany the recommendations transmitted to the State Board of Education. If the county committee of an adjacent county fails to respond to the request for concurrence within 90 days of the date of the request, such failure shall be deemed to be a concurrence in the plans and recommendations. If a county committee of an adjacent county does not concur in the plans and recommendations, it shall so notify the other county committee in writing and accompany the notification with plans and recommendations for the reorganization of school districts of its county including territory that would be affected by the plans and recommendations of the other county committee. After 60 days from the notification of nonconcurrence, if the county committees are still unable to agree upon plans and recommendations for reorganization of the territory, the county committees, or any of them, may submit plans and recommendations to the State Board of Education, and the board may approve or reject the plans, or any of them, in the same manner as other plans and recommendations. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.)
  39. 35740.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 3.5. Fiscal Actions of Newly Organized or Reorganized School Districts [35740- 35740.] ( Article 3.5 added by Stats. 2011, Ch. 635, Sec. 1. )

    Verify source ↗

    Before certain reorganizing school district actions, the board or administrators must give the county superintendent written notice and supporting documents at least 10 schooldays in advance; the superintendent may review, and in some cases stay or rescind, the 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 3.5. Fiscal Actions of Newly Organized or Reorganized School Districts [35740- 35740.] ( Article 3.5 added by Stats. 2011, Ch. 635, Sec. 1. ) ## 35740. In addition to satisfying the requirements of subdivision (j) of Section 42127.6, upon the approval of a petition for reorganization and continuing after the certification of the election results for an action to reorganize a school district pursuant to Section 35763, or upon the appointment of an interim governing board pursuant to Section 35100, until the effective date of the reorganized district in accordance with Article 4 (commencing with Section 35530) of Chapter 3, an affected district is subject to all of the following: (a) (1) The interim board or the governing board of the original district or districts, and, where applicable, the administrators of the original district or districts, shall notify the county superintendent of schools in writing, and provide relevant documents and information no less than 10 schooldays before taking any action on any matter that could have a material fiscal impact on, or impose a debt or liability on, the original, proposed, or reorganized school district. (2) Notwithstanding any other law, failure to provide the notice and relevant documents and information required by paragraph (1) shall nullify the action taken by the board or administrator of the affected district or districts. (3) As used in this section, “schoolday” means a day upon which the schools of the district are in session or nonholiday weekdays during the summer recess. (b) The county superintendent of schools may review any action taken or proposed to be taken by any interim or existing governing board or school district administrators to determine whether that action would have a material fiscal impact, debt, or liability on the original, proposed, or reorganized school district. If, based on the review of the county superintendent of schools, the county superintendent of schools determines that the action or proposed action would have a material fiscal impact on the original, proposed, or reorganized school district, and that action is unnecessary for the immediate functioning of the original or reorganized school district, the county superintendent of schools may stay or rescind that action. The county superintendent of schools shall inform the original or interim reorganized school district governing board or the school district administrators in writing of his or her justification for the exercise of authority under this subdivision to stay or rescind any action of the interim or original school district governing board. (c) A school district shall provide any documents or information requested by the county superintendent of schools in a timely manner related to proposed actions that are under review pursuant to this section. (d) The provisions of this section shall apply irrespective of a school district’s budget or certification status under Article 2 (commencing with Section 42120) or Article 3 (commencing with Section 42130) of Chapter 6 of Part 24. (Amended by Stats. 2016, Ch. 186, Sec. 30. (AB 2659) Effective January 1, 2017.)
  40. 35750.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The State Board of Education must establish minimum standards and use them when approving or disapproving petitions and proposals to form or reorganize 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35750. The State Board of Education shall establish minimum standards which it shall apply in approving or disapproving petitions and proposals for the formation or reorganization of school districts. (Added by Stats. 1980, Ch. 1192, Sec. 3.)
  41. 35751.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    Certain county and district superintendents must provide statistical information needed by the Department of Education for a study.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35751. When it is necessary for the State Board of Education to consider petitions submitted under this chapter and prepare a proposal relating to such a petition, each county superintendent of schools and every other county officer in the counties affected, and the district superintendent of the school districts affected shall provide the statistical information required by the Department of Education to complete the study. (Added by Stats. 1980, Ch. 1192, Sec. 3.)
  42. 35752.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The secretary of the state board must set a received school district reorganization petition for hearing and mail notice of the hearing at least 30 days in advance to specified officials and petitioners.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35752. (a) When a petition for the reorganization of a school district is received in the office of the secretary of the state board, the secretary shall set the petition for hearing at a regular or special meeting of the state board. At least 30 days prior to the date of the hearing, he or she shall send by registered mail a notice containing a general statement of the purpose of the petition and the time and place of the hearing to each of the following persons or agencies: (1) The governing board and district superintendent of each school district whose boundaries would be affected. (2) The county superintendent and county committee of each county that has jurisdiction over any of the districts whose boundaries would be affected. (3) The persons designated in the petition as “chief petitioners.” (b) A petition for the reorganization of a school district initiated pursuant to subdivision (d) of Section 35700, and transmitted to the state board pursuant to Section 35707, shall be withdrawn from consideration if both of the following occur: (1) A majority of the members of the governing board of each school district initiating the petition approves a resolution requesting withdrawal of the petition. (2) The county committee on school district organization transmitting the petition to the state board approves a resolution supporting withdrawal of the petition. (c) A resolution for the reorganization of a school district initiated pursuant to subdivision (c) of Section 35721 and transmitted to the state board pursuant to Section 35722 shall be withdrawn from consideration if the state board receives a resolution from the county committee on school district organization transmitting the petition to the state board requesting withdrawal of the petition. (Amended by Stats. 2006, Ch. 730, Sec. 8.5. Effective January 1, 2007.)
  43. 35753.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The state board may approve school district reorganization proposals if specified conditions are substantially met, or if literal application of the criteria is impractical and the situation is exceptional.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35753. (a) The state board may approve proposals for the reorganization of school districts, if the state board has determined, with respect to the proposal and the resulting school districts, that all of the following conditions are substantially met: (1) The reorganized districts will be adequate in terms of number of pupils enrolled. (2) The school districts are each organized on the basis of a substantial community identity. (3) The proposal will result in an equitable division of property and facilities of the original district or districts. (4) The reorganization of the school districts will preserve each affected district’s ability to educate pupils in an integrated environment and will not promote racial or ethnic discrimination or segregation. (5) Any increase in costs to the state as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization. (6) The proposed reorganization will continue to promote sound education performance and will not significantly disrupt the educational programs in the affected districts. (7) Any increase in school facilities costs as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization. (8) The proposed reorganization is primarily designed for purposes other than to significantly increase property values. (9) The proposed reorganization will continue to promote sound fiscal management and not cause a substantial negative effect on the fiscal status of the affected district. (10) Any other criteria that the state board may, by regulation, prescribe. (b) The state board may approve a proposal for the reorganization of school districts if the state board determines that it is not practical or possible to apply the criteria of this section literally, and that the circumstances with respect to the proposals provide an exceptional situation sufficient to justify approval of the proposals. (Amended by Stats. 2016, Ch. 186, Sec. 31. (AB 2659) Effective January 1, 2017.)
  44. 35754.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The state board must approve or disapprove a school district reorganization petition after hearing from interested persons and the Superintendent’s findings and recommendations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35754. After affording interested persons an opportunity to present their views on the petition to reorganize school districts, and after hearing any findings and recommendations of the Superintendent, the state board shall approve or disapprove the petition. If the state board approves the petition, it may amend or include in the proposal any of the appropriate provisions of Article 3 (commencing with Section 35730). (Amended by Stats. 2016, Ch. 186, Sec. 32. (AB 2659) Effective January 1, 2017.)
  45. 35755.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    After the state board approves a school district reorganization plan, the secretary of the state board must notify 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35755. After the state board has approved the plans and recommendations for the unification or other reorganization of the school districts in any area, including approval through affirmation or reversal of the action of a county committee, the secretary of the state board shall give notice of the approval to the county superintendent of schools having jurisdiction over any of the school districts whose boundaries or status would be affected by the reorganization as proposed. (Amended by Stats. 2016, Ch. 186, Sec. 33. (AB 2659) Effective January 1, 2017.)
  46. 35756.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The county superintendent of schools must call an election within 35 days after receiving the notice under Section 35755.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35756. The county superintendent of schools, within 35 days after receiving the notification provided by Section 35755, shall call an election, to be conducted at the next election of any kind in the territory of districts as determined by the state board, in accordance with either of the following: (a) Section 1002 of the Elections Code and Part 4 (commencing with Section 5000) of Division 1 of Title 1 of this code. (b) Division 4 (commencing with Section 4000) of the Elections Code. (Amended by Stats. 2022, Ch. 301, Sec. 7. (SB 1057) Effective January 1, 2023.)
  47. 35756.5.

    ## 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    If a territory-transfer election is opposed by affected districts with 900 or fewer average daily attendance, the election must include all of those opposing districts’ territory, and one such district must pay the added election cost for the excluded portion of its territory.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35756.5. In the case of the transfer of territory from one district to another, if the transfer is opposed by the governing boards of one or more of the districts affected with an average daily attendance of 900 or less, the territory in which the election is held shall include the entire territory of the districts opposing the transfer. Each district with an average daily attendance of 900 or less which is included in an election because of the objection of its governing board to the transfer shall bear the additional cost of holding the election in that portion of its territory not otherwise included in the election. When a majority of the votes cast in the school district opposing the transfer and a majority of the votes cast in the entire territory in which the election is held are in favor of the reorganization, the proposal carries. (Amended by Stats. 1987, Ch. 917, Sec. 10.)
  48. 35757.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The county superintendent of schools must prepare a statement of official information and statistics about the proposed reorganization.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35757. The county superintendent of schools shall prepare a statement of official information and statistics relating to the proposed reorganization that shall include, but is not limited to, the plans and recommendations, the local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, per pupil, the rate of growth, the expected enrollment, and the support from the state that can be expected if such area maintains an adequate school program. Such statistics shall be based upon the school year last completed before the date of the election. (Amended by Stats. 2015, Ch. 19, Sec. 31. (SB 78) Effective June 24, 2015.)
  49. 35758.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The county superintendent must prepare and distribute a statement with arguments for and against the recommendations, and each argument must be 500 words or less.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35758. The county superintendent of schools calling the election shall cause to be prepared and distributed a statement setting forth arguments for and against the recommendations. The argument shall not exceed 500 words. The argument in favor of the recommendation shall be prepared by the president of the county board or by a proponent of the recommendations designated by the president. The arguments against the recommendations shall be prepared by a member of the county board who voted against the recommendations, or, if there be none, by an elector designated by the county superintendent of schools who has appeared before the board or at a public hearing in opposition to the recommendation. (Added by Stats. 1980, Ch. 1192, Sec. 3.)
  50. 35759.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    Costs for preparing and distributing the arguments statement, and for any election under this article, are charged to the county general 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35759. The cost of preparation and distribution of the statement setting forth the arguments in favor of, and those opposed to, the recommendations of the county board, and the cost of any election held pursuant to this article shall be a charge against the general fund of the county. If the proposed reorganized district is situated in more than one county, the cost of the election shall be prorated against each county in the same proportion as the assessed valuation of the territory of the proposed reorganized district lying in that county bears to the total assessed valuation of the proposed reorganized districts. (Amended by Stats. 2016, Ch. 186, Sec. 34. (AB 2659) Effective January 1, 2017.)
  51. 35760.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    Campaign literature for or against a school district reorganization ballot measure must show specified identifying information on its face; an eligible voter may seek an injunction if the literature is false or misleading.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35760. (a) Any circular, pamphlet, letter, poster, or other campaign literature which is designed to promote either the passage or defeat of a ballot measure proposing the reorganization of school districts shall bear on its face, in a conspicuous place, either of the following: (1) The names and residence addresses of the chairmen and secretary, or the names and residence addresses of at least two officers of the organization issuing it, if issued by an organization. (2) The name and residence address, with the street and number, if any, of any individual responsible for it, if issued by an individual or individuals. (b) If any person eligible to vote upon such ballot measure has reason to believe that such campaign literature contains false and misleading statements, he or she may bring an action in the superior court for injunctive relief against further circulation of the literature, and if the court finds that the literature does, in fact, contain false and misleading statements, it may enjoin any further circulation of the literature. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.)
  52. 35761.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    Qualified electors who live in the territory where the election is called may vote in that election.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35761. Every qualified elector residing within the territory in which the election is called shall be eligible to vote at such election. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.)
  53. 35762.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    Ballots for school district reorganization votes must use specified wording, and if trustee area proposals are included, the ballot must say so.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35762. (a) The words to appear upon the ballots used for voting upon the adoption or rejection of the proposals for the reorganization of school districts shall be “Shall the school districts be reorganized as proposed?”, or words of similar import. To the right of or below those words, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the proposal. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. (b) If the plans and recommendations include a proposal for trustee areas in accordance with Section 35734, such proposal shall be considered a part of the reorganization proposition to be voted upon, and the ballot shall include wording to that effect. (Amended by Stats. 2025, Ch. 303, Sec. 9. (AB 1512) Effective January 1, 2026.)
  54. 35763.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    After the election canvass and vote-by-mail ballots are completed, the county superintendent must tabulate the returns and notify specified officials of the vote totals on school district reorganization.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35763. Upon the completion of the canvass of the election returns and the vote by mail ballots, the county superintendent of schools shall tabulate the returns and the vote by mail ballots, and notify the Superintendent of Public Instruction, the board of supervisors and the governing board of each affected school district of the number of votes cast for, and the number of votes cast against, the reorganization of school districts in each school district and also the total number of votes cast for, and the total number of votes cast against, the reorganization of school districts. (Amended by Stats. 2007, Ch. 508, Sec. 1. Effective January 1, 2008.)
  55. 35764.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    A reorganization or other proposal carries if a majority of all votes cast are in favor.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35764. When a majority of all the votes cast are cast in favor of the reorganization or other proposal, the proposal carries. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.)
  56. 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    After receiving proof that a school district organization or reorganization was approved, the board of supervisors must issue the required order, record it, and in certain boundary-change cases file a copy and map or plat.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35765. After the board of supervisors receives a proper certificate of election or other proper evidence that an action to organize or reorganize school districts has been approved as provided by law, the board of supervisors shall make an order to create, change, or terminate school districts as may be required by the action and establish or reestablish the boundaries of the districts affected by the action. The order shall be entered in the county’s record of school districts. If the action results in the creation of a district or a change of district boundaries of the type described in Section 54900 of the Government Code, the order of the board of supervisors shall include the legal description of each district created or changed in the action and, immediately after making the order, the board of supervisors shall cause a copy of the order and a map or plat indicating the boundaries established or reestablished for each district affected by the order to be filed as required by Chapter 8 (commencing with Section 54900) of Part 1 of Division 2, Title 5 of the Government Code. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.)
  57. 35766.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    After one year from the order date, the order becomes conclusive evidence that the district was legally organized or that its boundaries were legally changed, and lawsuits challenging that validity cannot be 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35766. After the expiration of one year from the date of the order, the order shall be conclusive evidence that the school district has been legally organized, or the boundaries legally changed, as the case may be, and no suit shall be maintained which questions the validity of the organization or change of boundaries. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.)
  58. 35767.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    A county superintendent of schools with jurisdiction may combine two related elections into one, subject to specified 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35767. Except as otherwise provided in Article 1 (commencing with Section 35100) of Chapter 2 of Part 21, and notwithstanding the provisions of Section 35101, the county superintendent of schools having jurisdiction may consolidate the election for the purpose of electing the governing board of a unified school district proposed to be formed under Chapter 2 (commencing with Section 4200) of Part 3 with the election held for adopting or rejecting the plans and recommendations for the formation of a new district. The election shall be called, held, and conducted pursuant to Article 1 (commencing with Section 5000) of Chapter 1 of Part 4, Chapter 3 (commencing with Section 5300) of Part 4, and Article 1 (commencing with Section 35100) of Chapter 2 of Part 21, except that the question of formation of a unified school district and any other proposition to be voted upon shall appear on the ballot before the list of candidates for election to the governing board of the proposed unified district. (Added by renumbering Section 35104 by Stats. 1987, Ch. 1452, Sec. 191.)
  59. 35768.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    The State Board of Education may adopt rules and regulations needed to implement 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] ( Article 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35768. The State Board of Education may adopt rules and regulations for the implementation of this article, as it deems necessary. (Added by Stats. 1990, Ch. 1658, Sec. 9.)
  60. 35780.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    A school district must be lapsed if it has been organized for more than three years and falls below the stated elector or attendance thresholds. The county board may defer lapsation for one year if the required resolution and written concurrence are obtained.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35780. (a) A school district that has been organized for more than three years shall be lapsed as provided in this article if the number of registered electors in the school district is less than six or if the average daily attendance of pupils in the school or schools maintained by the school district is less than six in kindergarten and grades 1 to 8, inclusive, or is less than 11 in grades 9 to 12, inclusive. The county board of education may defer the lapsation of the school district for one year upon adoption of a resolution approved by a majority of the members of the governing board of the school district and written concurrence of the county superintendent of schools. (b) For a new district that has been unable to provide the school facilities necessary for instructional services by employees of the school district to all of the pupils who are residents of the school district after five years from the date that the reorganization became effective, the county committee on school district organization, upon direction from the state board, shall initiate lapsation procedures pursuant to Section 35783 or revert the reorganized district to its original status. (c) A school district may also be lapsed when there are no school facilities or sites on which to maintain any school in the school district. (d) A school district may also be lapsed upon adoption of a resolution approved by a majority of the members of the governing board of the school district and written concurrence of the county superintendent of schools. (Amended by Stats. 2022, Ch. 52, Sec. 13. (AB 181) Effective June 30, 2022.)
  61. 35780.1.

    ## 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    This section defines “lapse” and “lapsation” 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35780.1. For purposes of this article, the following terms have the following meanings: (a) “Lapse” means dissolving a school district and annexing the entire territory of that school district to one or more adjoining school districts. (b) “Lapsation” means an action to lapse as defined by this section. (Amended by Stats. 2016, Ch. 186, Sec. 36. (AB 2659) Effective January 1, 2017.)
  62. 35781.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. )

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    For this article, certain pupils’ attendance in adjoining-state high schools is treated as attendance in high schools established and maintained by the unified 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35781. The attendance of pupils residing in a unified district in high schools in an adjoining state pursuant to Section 44618 or Article 1 (commencing with Section 2000) of Chapter 7 of Part 2, shall be deemed for the purposes of this article to be in high schools established and maintained by the unified district. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.)
  63. 35782.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. )

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    The county committee must hold a public hearing within 45 days before the end of each school year, and notice must be given at least 10 days beforehand to specified school board recipients.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35782. Within 45 days before the close of each school year, the county committee shall conduct a public hearing on the issues specified in Section 35780. Notice of the public hearing shall be given at least 10 days in advance of the hearing to each member of the governing board of the lapsed district immediately before its lapsation, to each of the governing boards that adjoin the lapsed district, and to the high school district of which the lapsed elementary district is a component. (Amended by Stats. 2014, Ch. 327, Sec. 6. (AB 1599) Effective January 1, 2015.)
  64. 35783.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. )

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    The county committee must order annexation of the territory to one or more adjoining districts after the hearing and at least 30 days before the end of 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35783. After the hearing, and at least 30 days before the end of the school year, the county committee shall order the territory annexed to one or more adjoining districts as seems to the county committee to be in the best interest of the adjoining districts and the residents of the lapsed district. (Amended by Stats. 2014, Ch. 327, Sec. 7. (AB 1599) Effective January 1, 2015.)
  65. 35784.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    A county committee may decide how to divide a lapsed district’s funds, property, and obligations when its territory is annexed to more than one adjoining 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35784. If the county committee orders the territory of a lapsed district annexed to more than one adjoining district, it may provide for such a division of the funds, property, and obligations of the lapsed district as it deems most equitable in the circumstances. If no division is provided for by the committee, the general provisions of Article 7 (commencing with Section 35560) of Chapter 3 shall apply to the division of funds, property, and obligations of the lapsed district. (Added by Stats. 1980, Ch. 1192, Sec. 3.)
  66. 35785.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    After the county committee’s order, the county superintendent of schools must notify the county board of supervisors and the State Board of Education about the board 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 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35785. Following the order of the county committee, the county superintendent of schools shall give notice of the board action to the county board of supervisors and to the State Board of Education. (Added by Stats. 1980, Ch. 1192, Sec. 3.)
  67. 35786.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    A county committee’s order attaching a lapsed school district’s territory to adjoining districts takes effect on July 1 after the order date.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35786. An order of a county committee attaching the territory of a lapsed school district to one or more adjoining school districts shall be effective for all purposes on the July 1 after date of the order. Notwithstanding Section 35534, the effective date of the order is not subject to compliance with Section 54900 of the Government Code. Compliance with Section 54900 of the Government Code is required by December 1 of the year in which the order is made. (Amended by Stats. 2014, Ch. 327, Sec. 8. (AB 1599) Effective January 1, 2015.)
  68. 35787.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. )

    Verify source ↗

    An action to lapse a school district follows Chapter 3 rules unless this article says otherwise, and the county committee may add certain Article 3 provisions to its lapse order.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] ( Part 21 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Reorganization of School Districts [35700 - 35787] ( Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## ARTICLE 5. Lapsation [35780 - 35787] ( Article 5 added by Stats. 1980, Ch. 1192, Sec. 3. ) ## 35787. Except as otherwise provided in this article, an action to lapse a school district is subject to the provisions of Chapter 3 (commencing with Section 35500), and the county committee may add to its order to lapse a school district, pursuant to Section 35783, appropriate provisions specified in Article 3 (commencing with Section 35730). (Amended by Stats. 2012, Ch. 589, Sec. 3. (AB 2662) Effective January 1, 2013.)
  69. 360.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. EL Roadmap Policy [360 - 361] ( Chapter 4 added by Stats. 2024, Ch. 946, Sec. 2. )

    Verify source ↗

    This section defines “EL Roadmap Policy” and “Local educational agency” for this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. EL Roadmap Policy [360 - 361] ( Chapter 4 added by Stats. 2024, Ch. 946, Sec. 2. ) ## 360. For purposes of this chapter, the following definitions apply: (a) “EL Roadmap Policy” means the California English Learner Roadmap State Board of Education Policy: Educational Programs and Services for English Learners adopted by the state board on July 12, 2017. (b) “Local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2024, Ch. 946, Sec. 2. (AB 2074) Effective January 1, 2025.)
  70. 361.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. EL Roadmap Policy [360 - 361] ( Chapter 4 added by Stats. 2024, Ch. 946, Sec. 2. )

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    The State Department of Education must create a statewide EL Roadmap Policy implementation plan, convene an advisory committee, include specified content in the plan, and submit a report and later annual progress reports to legislative committees.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. EL Roadmap Policy [360 - 361] ( Chapter 4 added by Stats. 2024, Ch. 946, Sec. 2. ) ## 361. (a) (1) The State Department of Education shall develop a statewide implementation plan for the EL Roadmap Policy. (2) In developing the statewide implementation plan, the department shall convene an advisory committee with representation from all of the following: (A) Local educational agencies. (B) Teachers who teach pupils in preschool, transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive. (C) Parents of pupils who are English learners. (D) Nonprofit organizations with experience in implementing the EL Roadmap Policy. (b) The statewide implementation plan shall include all of the following: (1) A brief summary at the beginning of the plan that states why the statewide implementation plan is being created and its importance to bring awareness, a sense of urgency, and opportunity as it relates to the plan. (2) Clear and measurable statewide goals of implementation. (3) Alignment and coherence across state initiatives that reflect the EL Roadmap Policy and principles. (4) How to incorporate the EL Roadmap Policy meaningfully within the statewide system of support established pursuant to Section 52059.5. (5) Guidance for local educational agencies to incorporate and build alignment and coherence at the local level across programs and services. (6) A system of monitoring and accountability of the implementation of the department’s plan. (c) Notwithstanding Section 10231.5 of the Government Code, the department shall submit a report with the statewide implementation plan for the EL Roadmap Policy to the appropriate policy and fiscal committees of the Legislature on or before November 1, 2026. (d) Notwithstanding Section 10231.5 of the Government Code, the department shall submit an annual progress report to the appropriate policy and fiscal committees of the Legislature commencing January 1, 2027, that identifies local educational agencies that engaged in the implementation of the plan, including, but not limited to, local educational agencies that contacted the department for assistance in implementation and those that offered professional development opportunities to assist educators in implementing the plan. (Added by Stats. 2024, Ch. 946, Sec. 2. (AB 2074) Effective January 1, 2025.)
  71. 37060.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Maintenance of Schools [37060 - 37086] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Junior High Schools [37060 - 37086] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    The governing board of certain local school entities may establish a junior high school or a system of junior high 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Maintenance of Schools [37060 - 37086] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Junior High Schools [37060 - 37086] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 37060. The governing board of a county, a high school district, a union high school district, or a joint union high school district may establish a junior high school or a system of junior high schools. (Repealed and added by Stats. 1987, Ch. 1452, Sec. 227.5.)
  72. 37085.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Maintenance of Schools [37060 - 37086] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Junior High Schools [37060 - 37086] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    A qualifying school district may withdraw from the junior high system if a majority of the district’s qualified voters vote for withdrawal.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Maintenance of Schools [37060 - 37086] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Junior High Schools [37060 - 37086] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 37085. Any school district within a junior high school or system of junior high schools, maintained by the governing board of a county, union, or joint union high school district, may withdraw from the junior high system when a majority of the qualified voters in the district voting thereat vote in favor of withdrawal. (Enacted by Stats. 1976, Ch. 1010.)
  73. 37085.5.

    ## 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Maintenance of Schools [37060 - 37086] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Junior High Schools [37060 - 37086] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    If a school district withdraws from a junior high school system after a Section 37085 vote, no election may be held to reverse that action for at least three complete school years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Maintenance of Schools [37060 - 37086] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Junior High Schools [37060 - 37086] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 37085.5. If a school district withdraws from a junior high school system pursuant to a vote in favor of withdrawal pursuant to Section 37085, there shall not be an election to reverse that action for at least three complete school years following the date the withdrawal occurs. (Added by Stats. 1984, Ch. 503, Sec. 1.)
  74. 37086.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Maintenance of Schools [37060 - 37086] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Junior High Schools [37060 - 37086] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    Election proceedings may be started either by a petition from 35% of registered voters in the district or by agreement of all involved school district governing 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Maintenance of Schools [37060 - 37086] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Junior High Schools [37060 - 37086] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 37086. Election proceedings may be commenced upon by either of the following means: (a) A petition signed by thirty-five percent (35%) of the registered voters residing in the district shall be presented to the county superintendent of schools of the county in which the district is situated, setting forth briefly the reasons for withdrawal and praying that the question be submitted to the voters of this district. (b) The governing boards of all school districts involved shall agree that an election be held and shall notify the county superintendent of schools of such agreement. (Enacted by Stats. 1976, Ch. 1010.)
  75. 37200.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Generally [37200 - 37202] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The school year starts on July 1 and ends on June 30.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Generally [37200 - 37202] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 37200. The school year begins on the first day of July and ends on the last day of June. (Enacted by Stats. 1976, Ch. 1010.)
  76. 37201.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Generally [37200 - 37202] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school month is defined as 20 days or four five-day weeks, and school districts may exclude winter vacation from that definition when counting attendance for a school calendar.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Generally [37200 - 37202] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 37201. (a) A school month is 20 days or four weeks of five days each, including legal holidays but excluding weekend makeup classes. For the purposes of counting attendance only in providing for a school calendar the winter vacation period, or any portion thereof, may be excluded by the school district in the definition of a school month. (b) The provisions of subdivision (a) of this section are limited to defining a school month for attendance-counting purposes only. (Amended by Stats. 1987, Ch. 1452, Sec. 244.)
  77. 37202.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Generally [37200 - 37202] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district’s governing board must keep its elementary day schools and day high schools open for equal lengths of time during the school year, unless a closure for health or disaster reasons applies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Generally [37200 - 37202] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 37202. (a) Except if a school has been closed by order of a city or a county board of health, or of the State Board of Health, on account of contagious disease, or if the school has been closed on account of fire, flood, or other public disaster, the governing board of a school district shall maintain all of the elementary day schools established by it for an equal length of time during the school year and all of the day high schools established by it for an equal length of time during the school year. (b) Notwithstanding subdivision (a), a school district that is implementing an early primary program, pursuant to Chapter 8 (commencing with Section 8970) of Part 6, may maintain kindergarten or transitional kindergarten classes for different lengths of time during the schoolday, either at the same or a different schoolsite. (Amended by Stats. 2017, Ch. 15, Sec. 20. (AB 99) Effective June 27, 2017.)
  78. 37220.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Public schools must close on specified holidays, with some date-shifting rules, and school district boards have limited discretion to adjust closure 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37220. (a) Except as otherwise provided, the public schools shall close on the following holidays: (1) January 1. (2) The third Monday in January or the Monday or Friday in the week in which January 15 occurs, known as “Dr. Martin Luther King, Jr. Day.” On the Friday preceding the day on which schools are closed, schools shall include exercises commemorating and directing attention to the history of the civil rights movement in the United States and particularly the role therein of Dr. Martin Luther King, Jr. (3) The Monday or Friday of the week in which February 12 occurs, known as “Lincoln Day.” On the day that school is in session prior to the day on which schools are closed for that purpose, all public schools and educational institutions throughout the state shall hold exercises in memory of Abraham Lincoln. (4) The third Monday in February, known as “Washington Day.” On the Friday preceding, all public schools and educational institutions throughout the state shall hold exercises in memory of George Washington. (5) The last Monday in May, known as “Memorial Day.” (6) July 4. (7) The first Monday in September, known as “Labor Day.” (8) November 11, known as “Veterans Day.” (9) That Thursday in November proclaimed by the President as “Thanksgiving Day.” (10) December 25. (11) All days appointed by the Governor for a public fast, thanksgiving, or holiday, and all special or limited holidays on which the Governor provides that the schools shall close. (12) (A) All days appointed by the President as a public fast, thanksgiving, or holiday, unless it is a special or limited holiday. (B) For purposes of this paragraph, “appointed by the President” includes the President signing into law legislation that creates a nationwide federal holiday, including the legal public holidays listed in subsection (a) of Section 6103 of Title 5 of the United States Code, but does not include Columbus Day. This definition is declaratory of existing law. (13) Any other day designated as a holiday by the governing board of the school district. (b) When any of the holidays on which the schools would be closed falls on Sunday, the public schools shall close on the Monday following. (c) When any of the holidays on which the schools would be closed falls on Saturday, the public schools shall close on the preceding Friday, and that Friday shall be declared a state holiday. (d) If any holiday on which the public schools are required to close pursuant to subdivision (a) occurs under federal law on a date different from the date specified in subdivision (a), the governing board of any school district may close the public schools of the district on the date recognized by federal law and maintain classes on the date specified in subdivision (a). (e) Except for Veterans Day, as designated in paragraph (8) of subdivision (a), the governing board of a school district, by adoption of a resolution, may revise the date upon which the schools of the district close in observance of any of the holidays identified in subdivision (a). (f) The governing board of a school district may not request a waiver of paragraph (8) of subdivision (a) from the state board. (g) This section does not prohibit a school district from authorizing its facilities or grounds to be used in accordance with Section 38131 on those days on which the public schools are closed. (Amended by Stats. 2022, Ch. 753, Sec. 1. (AB 1655) Effective January 1, 2023.)
  79. 37220.5.

    ## 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Public schools may close for Cesar Chavez Day if the governing board agrees, and schools may hold exercises about Cesar Chavez Day; the State Board of Education must adopt a model curriculum guide for those exercises.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37220.5. (a) In addition to the holidays prescribed in Section 37220, public schools may be closed on March 31, known as “Cesar Chavez Day,” or the appropriate Monday or Friday following or preceding that date, if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close schools for that purpose. (b) On March 31 or on the day determined by the governing board, public schools and educational institutions throughout the state may include exercises, funded through existing resources, commemorating and directing attention to the history of the farm labor movement in the United States and particularly the role therein of Cesar Chavez. The State Board of Education shall adopt a model curriculum guide to be available for use by public schools for exercises related to Cesar Chavez Day. (Amended by Stats. 2000, Ch. 213, Sec. 1. Effective January 1, 2001.)
  80. 37220.6.

    ## 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section creates the Cesar Chavez Day of Service and Learning program, assigns its administration to the Governor’s Office on Service and Volunteerism with the California Conservation Corps, and sets rules for grants, supervision, and curriculum distribution.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37220.6. (a) There is hereby created the Cesar Chavez Day of Service and Learning program to promote service to the communities of California in honor of the life and work of Cesar Chavez. The program shall be administered by the Governor’s Office on Service and Volunteerism, in collaboration with the California Conservation Corps. (b) The Governor’s Office on Service and Volunteerism may make grants based on proposals selected through a competitive process from local and state operated Americorps, National Senior Service Corps, Learn and Serve, or Conservation Corps programs that submit proposals to engage pupils through their schools and school districts in community service that qualifies as instructional time on Cesar Chavez Day, pursuant to Section 37220.5, and that honors the life and work of Cesar Chavez. The programs shall be created and organized in consultation with community groups. The Americorps, National Senior Service Corps, Learn and Serve, or Conservation Corps programs may implement or administer the programs in collaboration with community groups and nonprofit organizations. The proposals shall demonstrate all of the following: (1) The ways and extent to which the program will be a collaborative effort between schools and the Americorps, National Senior Service Corps, Learn and Serve, or Conservation Corps program. (2) The ways that the service will be connected to instruction on the life and work of Cesar Chavez provided on Cesar Chavez Day. (3) The way in which the service provided will make a meaningful contribution to the community. (c) Grants made pursuant to subdivision (b) shall be in the amount of one dollar ($1) for each participating pupil, or two hundred fifty dollars ($250) for each school, whichever is greater. The Governor’s Office on Service and Volunteerism may, at its discretion, adjust the grant amount to account for school district size, the size of the project, and the demand on existing funding. Under no circumstances may the amount granted exceed the amount of funding appropriated to carry out this section. (d) In order for the community service performed under this program to be counted as instructional time, the service shall be performed under the supervision of a teacher, as defined in subdivision (a) of Section 46300. (e) The Superintendent of Public Instruction shall develop or revise, as needed, a model curriculum on the life and work of Cesar Chavez and submit the model curriculum to the State Board of Education for adoption pursuant to subdivision (b) of Section 37220.5. Upon adoption, the Superintendent of Public Instruction shall distribute the model curriculum to each school. (f) It is the intent of the Legislature that nothing in this section, or in the act that adds this section, shall be construed to impose a mandate on school districts. (g) For the purposes of this section, “school district” includes school districts, charter schools, and county offices of education. (Amended by Stats. 2002, Ch. 1124, Sec. 4. Effective September 30, 2002.)
  81. 37220.7.

    ## 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Public schools may close on certain commemorative days if the governing board agrees, and schools may hold related exercises on those days or an alternate day.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37220.7. (a) In addition to the holidays prescribed in Section 37220, public schools may be closed on April 24, known as “Genocide Remembrance Day,” the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” and the fourth Friday in September, known as “Native American Day,” if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close schools for that purpose. (b) On the fourth Friday in September, or if schools are closed on that date as specified in subdivision (a), on an alternate day determined by the governing board, public schools and educational institutions throughout this state may include exercises, funded through existing resources, commemorating and directing attention to the many contributions that Native Americans have made to this country. The State Board of Education may adopt a model curriculum guide to be available for use by public schools for exercises related to Native American Day. (c) On April 24, or if schools are closed on that date as specified in subdivision (a), on an alternate day determined by the governing board, public schools and educational institutions throughout this state may include exercises, funded through existing resources, remembering and honoring the many contributions that survivors of genocide have made to this country. The State Board of Education may adopt a model curriculum guide to be available for use by public schools for exercises related to Genocide Remembrance Day. (d) On the 15th day of the month of Kartik in the Hindu lunar calendar of each year, or if schools are closed on that date as specified in subdivision (a), on an alternate day determined by the governing board, public schools and educational institutions throughout this state may include exercises, funded through existing resources, acknowledging and celebrating the meaning and importance of Diwali. The State Board of Education may adopt a model curriculum guide to be available for use by public schools for exercises related to Diwali. (Amended by Stats. 2025, Ch. 358, Sec. 3. (AB 268) Effective January 1, 2026.)
  82. 37221.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Public schools must stay open on certain holidays and hold commemorative exercises, unless the governing board closes them under Section 37220.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37221. Unless closed by the governing board pursuant to paragraph (13) of subdivision (a) of Section 37220, the public schools shall remain open on, but shall celebrate with appropriate commemorative exercises, the following holidays: (a) The anniversary of the adoption of the Constitution of the United States, on or near which date schools shall include exercises and instruction in the purpose, meaning, and importance of the Constitution of the United States, including the Bill of Rights. (b) March 7, the anniversary of the birthday of Luther Burbank, known as Conservation, Bird, and Arbor Day on which day schools shall include exercises and instruction on the economic value of birds and trees, and the promotion of a spirit of protection toward them, and as to the economic value of natural resources, and the desirability of their conservation. (c) February 15, the anniversary of the birthday of Susan B. Anthony, known as “Susan B. Anthony Day” on which day schools shall include exercises and instruction on the political and economic status of women in the United States and the contributions of Susan B. Anthony thereto. (d) March 5, the anniversary of the death of Crispus Attucks, the first black American martyr of the Boston Massacre, known as “Black American Day” on which day schools shall include exercises and instruction on the development of black people in the United States. (Repealed and added by Stats. 1987, Ch. 1452, Sec. 250.)
  83. 37222.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Public schools and educational institutions are encouraged to observe days of special significance and hold suitable commemorative exercises.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37222. (a) On each day designated and set apart as a day having special significance, all public schools and educational institutions are encouraged to observe that day and to conduct suitable commemorative exercises. (b) It is the intent of the Legislature that the exercises encouraged by subdivision (a) be integrated into the regular school program, and be conducted by the school or institution within the amount of time otherwise budgeted for educational programs. (Amended by Stats. 2011, Ch. 296, Sec. 51. (AB 1023) Effective January 1, 2012.)
  84. 37222.10.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The second Wednesday in May is designated as the Day of the Teacher, and public schools and educational institutions are encouraged to hold commemorative exercises.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37222.10. (a) The second Wednesday in May of each year is designated and set apart as the Day of the Teacher, a day having special significance pursuant to Section 37222. (b) On the Day of the Teacher, all public schools and educational institutions are encouraged to conduct exercises commemorating and directing attention to teachers and the teaching profession. (Added by Stats. 2010, Ch. 241, Sec. 3. (AB 1775) Effective January 1, 2011.)
  85. 37222.11.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    April 21 is designated as John Muir Day, and public schools and educational institutions are encouraged to hold exercises on that day.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37222.11. (a) April 21 of each year is designated and set apart as John Muir Day, a day having special significance pursuant to Section 37222. (b) On John Muir Day, all public schools and educational institutions are encouraged to conduct exercises stressing the importance that an ecologically sound natural environment plays in the quality of life for all of us, and emphasizing John Muir’s significant contributions to the fostering of that awareness and the indelible mark he left on the State of California. (Added by Stats. 2010, Ch. 241, Sec. 4. (AB 1775) Effective January 1, 2011.)
  86. 37222.12.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    April 6 is designated as California Poppy Day, and public schools and educational institutions are encouraged to hold educational exercises that honor the California Poppy and natural resources.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37222.12. (a) April 6 of each year is designated and set apart as California Poppy Day, a day having special significance pursuant to Section 37222. (b) On California Poppy Day, all public schools and educational institutions are encouraged to conduct exercises honoring the California Poppy, including instruction about native plants, particularly the California Poppy, and the economic and aesthetic value of wildflowers; promoting responsible behavior toward our natural resources and a spirit of protection toward them; and emphasizing the value of natural resources and conservation of natural resources. (Added by Stats. 2010, Ch. 241, Sec. 5. (AB 1775) Effective January 1, 2011.)
  87. 37222.13.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    May 22 is designated as Harvey Milk Day, and public schools and educational institutions are encouraged to hold exercises about Harvey Milk.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37222.13. (a) May 22 of each year is designated and set apart as Harvey Milk Day, a day having special significance pursuant to Section 37222. (b) On Harvey Milk Day, all public schools and educational institutions are encouraged to conduct exercises remembering the life of Harvey Milk, recognizing his accomplishments, and familiarizing pupils with the contributions he made to this state. (Added by Stats. 2010, Ch. 241, Sec. 6. (AB 1775) Effective January 1, 2011.)
  88. 37222.14.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    March 30 is designated as Welcome Home Vietnam Veterans Day, and public schools and educational institutions are encouraged to hold exercises recognizing Vietnam War contributions and sacrifices.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37222.14. (a) March 30 of each year is designated and set apart as Welcome Home Vietnam Veterans Day, a day having special significance pursuant to Section 37222. (b) On Welcome Home Vietnam Veterans Day, all public schools and educational institutions are encouraged to conduct exercises recognizing the contributions of all those involved in the Vietnam War and remembering the sacrifices they made for their country. (Added by Stats. 2010, Ch. 241, Sec. 7. (AB 1775) Effective January 1, 2011.)
  89. 37222.15.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    January 30 is designated as Fred Korematsu Day of Civil Liberties and the Constitution, and public schools and educational institutions are encouraged to hold exercises on that day.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37222.15. (a) January 30 of each year is designated and set apart as Fred Korematsu Day of Civil Liberties and the Constitution, a day having special significance pursuant to Section 37222. (b) On Fred Korematsu Day of Civil Liberties and the Constitution, all public schools and educational institutions are encouraged to conduct exercises remembering the life of Fred Korematsu and recognizing the importance of preserving civil liberties, even in times of real or perceived crisis. (Added by Stats. 2010, Ch. 241, Sec. 8. (AB 1775) Effective January 1, 2011.)
  90. 37222.16.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    February 6 is designated as Ronald Reagan Day, and public schools and educational institutions are encouraged to hold exercises that remember Reagan, recognize his accomplishments, and teach pupils about his contributions to the state.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37222.16. (a) February 6 of each year is designated and set apart as Ronald Reagan Day, a day having special significance pursuant to Section 37222. (b) On Ronald Reagan Day, all public schools and educational institutions are encouraged to conduct exercises remembering the life of Ronald Reagan, recognizing his accomplishments, and familiarizing pupils with the contributions he made to this state. (Added by Stats. 2010, Ch. 114, Sec. 8. (SB 944) Effective January 1, 2011.)
  91. 37222.17.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    January 23 is designated as Ed Roberts Day, and public schools and educational institutions are encouraged to hold exercises on that day.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37222.17. (a) January 23 of each year is designated and set apart as Ed Roberts Day, a day having special significance pursuant to Section 37222. (b) On Ed Roberts Day, all public schools and educational institutions are encouraged to conduct exercises remembering the life of Ed Roberts, recognizing his accomplishments as well as the accomplishments of other Californians with disabilities, and familiarizing pupils with the contributions that Ed Roberts and other Californians with disabilities have made to this state. (Added by Stats. 2010, Ch. 115, Sec. 8. (SB 1256) Effective January 1, 2011.)
  92. 37222.18.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    October 25 is designated as Larry Itliong Day. Public schools and educational institutions are encouraged to hold exercises on that day about Larry Itliong’s life and contributions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37222.18. (a) October 25 of each year is designated and set apart as Larry Itliong Day, a day having special significance pursuant to Section 37222. (b) On Larry Itliong Day, all public schools and educational institutions are encouraged to conduct exercises remembering the life of Larry Itliong, recognizing his accomplishments, and familiarizing pupils with the contributions he made to this state. (Added by Stats. 2015, Ch. 29, Sec. 2. (AB 7) Effective January 1, 2016.)
  93. 37222.19.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Lunar New Year is designated as a special day, and public schools and educational institutions are encouraged to hold exercises recognizing 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37222.19. (a) The date corresponding with the second new moon following the winter solstice of each year, or the third new moon following the winter solstice should an intercalary month intervene, is designated and set apart as the Lunar New Year, a day having special significance pursuant to Section 37222. (b) On the Lunar New Year, all public schools and educational institutions are encouraged to conduct exercises recognizing the traditions and cultural significance of the Lunar New Year, the contributions of Asian and Pacific Islander Californians to the state, and any local festivities and celebrations of the occasion. (c) It is the intent of the Legislature that the exercises encouraged in this section be integrated into the regular school program and be conducted by the public school or educational institution within the amount of time otherwise budgeted for educational programs. (Added by Stats. 2018, Ch. 199, Sec. 2. (SB 892) Effective January 1, 2019.)
  94. 37222.20.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    April 10 is designated as Dolores Huerta Day, and public schools and educational institutions are encouraged to hold exercises about her life and contributions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37222.20. (a) April 10 of each year is designated and set apart as Dolores Huerta Day, a day having special significance pursuant to Section 37222. (b) On Dolores Huerta Day, all public schools and educational institutions are encouraged to conduct exercises remembering the life of Dolores Huerta, recognizing her accomplishments, and familiarizing pupils with the contributions she made to this state. (Added by Stats. 2018, Ch. 130, Sec. 2. (AB 2644) Effective January 1, 2019.)
  95. 37222.21.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    September 11 is designated as September 11th Remembrance Day. If it falls on a schoolday, public elementary and secondary schools are encouraged to observe a moment of silence during school hours.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37222.21. (a) September 11 of each year is designated and set apart as September 11th Remembrance Day, a day having special significance pursuant to Section 37222. (b) When September 11th Remembrance Day falls on a schoolday, each public elementary and secondary school is encouraged to observe a moment of silence at an appropriate time while school is in session. (Added by Stats. 2021, Ch. 102, Sec. 1. (SB 254) Effective January 1, 2022.)
  96. 37223.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Schools may hold classes on weekends, but weekend attendance is limited and some weekend classes must still count as regular weekday classes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. School Calendar [37200 - 37223] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Saturdays and Holidays [37220 - 37223] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37223. (a) The governing board of any elementary, high school, or unified school district or any county superintendent of schools may maintain classes on Saturday or Sunday, or both. The classes maintained pursuant to this section may include, but are not necessarily limited to, all of the following: (1) Continuation classes. (2) Special day classes for mentally gifted minors. (3) Makeup classes for absences occurring during the week. (4) The programs of a regional occupational center or regional occupational program. (b) Except as otherwise provided in this code, the attendance of any pupil in a class or program held on a Saturday or Sunday shall not result in the crediting of more than five days of attendance for the pupil per week. (c) Attendance at classes conducted on Saturday or Sunday, or both, shall be at the election of the pupil or, in the case of a minor pupil, the parent or guardian of the pupil. However, the governing board may require truants, as defined by Section 48260, to attend makeup classes conducted on one day of a weekend. (d) Except as otherwise provided in this code, any class that is offered on a Saturday or Sunday shall be one offered during the regular Monday through Friday school week. (e) The voluntary attendance of pupils enrolled in programs for gifted and talented pupils in special educational activities conducted on Saturday or Sunday shall not be included in the computation of the average daily attendance of the school district. (f) Subdivisions (b) and (d) shall not apply to regional occupational centers or programs. (Amended by Stats. 2022, Ch. 301, Sec. 8. (SB 1057) Effective January 1, 2023.)
  97. 37600.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [37600- 37600.] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section authorizes public school districts to run their educational programs as continuous school programs for the full 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [37600- 37600.] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 37600. It is the intent and purpose of the Legislature in enacting this chapter to authorize public school districts of any type or class to establish, maintain, and operate their educational program under a continuous school program, to be conducted throughout the entire school year. The Legislature is especially concerned and aware of the mounting costs of acquisition and construction of school sites and facilities, and is, therefore, desirous of providing a procedure whereby those fiscal burdens may be reduced by increased utilization of existing plants and facilities. The Legislature is also interested in providing for the replacement of the present system of lengthy summer vacations with shorter periodic vacation periods, which will result in a reduction of the student’s summer vacation “learning loss.” (Added by Stats. 1976, Ch. 1010.)
  98. 37610.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district’s governing board may establish and run a continuous school program after notifying the Superintendent of Public Instruction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 37610. The governing board of any school district may, after notification to the Superintendent of Public Instruction, establish and operate in one or more of the schools within the district, or in all schools within the district, a continuous school program pursuant to the provisions of this chapter. (Added by Stats. 1976, Ch. 1010.)
  99. 37611.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    If a school district board decides to run a continuous school program that requires pupil enrollment, it must publish notice of that intention by the deadline and in the required newspaper format.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 37611. Whenever the governing board of any school district, pursuant to Section 37610, determines to operate one or more schools of the district on a continuous school program in such a manner as to require any pupil to enroll in a continuous school program, it shall publish, not later than November 1st of the school year preceding the commencement of such a program, its intention to operate a continuous school program in such a manner as to require any pupil to enroll in a continuous school program in a newspaper of general circulation within the district, or if there is no such newspaper, then in any newspaper of general circulation that is regularly circulated in the district. Publication of notice pursuant to this section shall be once each week for three successive weeks. Three publications in a newspaper regularly published once a week or oftener, with at least five days intervening between the respective publication date not counting such publication dates, are sufficient. (Enacted by Stats. 1976, Ch. 1010.)
  100. 37612.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A qualifying petition may be submitted to stop a continuous school program, and the county superintendent must review it and order a ballot proposition if it 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 37612. If after notice of intention has been given to establish and operate a continuous school program in a manner so as to require any pupil to enroll in a continuous school program, a petition signed by 25 percent of the registered voters of the district may be presented to the county superintendent of schools requesting that the school district not establish that program. This petition shall be presented no later than December 10th of the year in which the notice is given. The county superintendent of schools shall examine the petition and, if he or she finds it to be sufficient and signed as required by law, order a ballot proposition, as provided by Section 37614, to be placed upon the ballot of the appropriate election as provided in Section 37613. The governing board of the school district may request that an election be called and conducted irrespective of whether or not a petition is presented. (Amended by Stats. 1992, Ch. 970, Sec. 4. Effective January 1, 1993.)
  101. 37613.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An election under Section 37612 may be consolidated with the next districtwide election if that election is 80 or more days away, and the county superintendent of schools may instead order a special election at least 80 days after the order or request.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 37613. An election ordered or requested to be held pursuant to Section 37612 may be consolidated with the next districtwide election held 80 or more days after the order or request for an election is made or the county superintendent of schools may order a special election to be held at least 80 days after the election is ordered or requested. (Enacted by Stats. 1976, Ch. 1010.)
  102. 37614.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If voters approve the ballot proposition by majority, the school district may start the continuous school program and keep operating it until all such programs end. If voters reject it by majority, the district may not start the 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 37614. (a) The ballot proposition used in an election called pursuant to Section 37613 shall contain the words “For the continuous school program of the (name of district) District to be operated in such a manner as to require any pupil to enroll in a continuous school program” followed by the words “Yes” and “No” so placed that the voter may clearly indicate his choice. (b) If a majority of those voting for the ballot proposition, as provided by subdivision (a), at the election vote “yes” then the school district shall be permitted to commence the continuous school program so designated on the ballot and to continue operating any such program in the district until all such programs are terminated. (c) If a majority of those voting for the ballot proposition, as provided by subdivision (a), at the election vote “no” then the school district shall not be permitted to commence the continuous school program so designated on the ballot. (Enacted by Stats. 1976, Ch. 1010.)
  103. 37615.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a continuous school program is ended or prohibited, the governing board cannot run district schools in a way that requires pupils to enroll in a continuous school program for at least two years afterward.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 37615. If a continuous school program operated in such a manner as to require any pupil to enroll in the program is terminated by the governing board or prohibited pursuant to subdivision (c) of Section 37614, the governing board shall not determine to operate one or more schools of the district on a continuous school program in such a manner as to require any pupil to enroll in a continuous school program for at least two years following termination or election. (Enacted by Stats. 1976, Ch. 1010.)
  104. 37616.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Before a district starts a continuous school program, its governing board must consult in good faith with employees, affected parents, and the community, hold at least one public hearing with adequate notice, and try to place certain certificated employees in schools that keep the regular schedule.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 37616. Prior to implementing a continuous school program in any school of the district, the school district governing board shall consult in good faith in an effort to reach agreement with the certificated and classified employees of the school, with the parents of pupils who would be affected by the change, and with the community at large. Such consultation shall include at least one public hearing for which the board has given adequate notice to the employees and to the parents of pupils affected. In school districts where a continuous school program is implemented in fewer than all of the schools maintained by the school district, the governing board of such a school district shall make every reasonable effort to assign certificated employees who prefer the regular school schedule to schools of the same level retaining the regular school schedule. (Enacted by Stats. 1976, Ch. 1010.)
  105. 37617.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must group students as needed for continuous school programs, and must keep students from the same family together unless a special education or parent-request exception applies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 37617. The governing board of any school district operating pursuant to the provisions of this chapter shall divide the students of each selected school into as many groups as necessary to adequately accommodate a continuous school program so established and conducted. Students of the same family shall be placed in the same group unless one or more of such students is enrolled in a special education class or unless the parent or guardian of such students requests that the students be placed in different groups. (Enacted by Stats. 1976, Ch. 1010.)
  106. 37618.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board covered by this chapter must establish a rotating school calendar for teaching sessions and vacation periods.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 37618. The governing board of any school district operating pursuant to the provisions of this chapter shall establish a school calendar whereby the teaching sessions and vacation period during the school year are on a rotating basis. (Enacted by Stats. 1976, Ch. 1010.)
  107. 37619.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Each selected school must be closed for all students and employees on the regular school holidays listed in Article 3 of Chapter 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 37619. Each selected school shall be closed for all students and employees on regular school holidays specified in Article 3 (commencing with Section 37220) of Chapter 2. (Amended by Stats. 2001, Ch. 159, Sec. 65. Effective January 1, 2002.)
  108. 37620.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Schools and classes must be conducted for at least 175 days during the academic 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Establishment and Maintenance [37610 - 37620] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 37620. The teaching sessions and vacation periods established pursuant to Section 37618 shall be established without reference to the school year as defined in Section 37200. The schools and classes shall be conducted for a total of no fewer than 175 days during the academic year. (Enacted by Stats. 1976, Ch. 1010.)
  109. 37630.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Elements [37630 - 37632] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For a school running a continuous school program, the listed compulsory-education and attendance laws apply during the regular schooldays of the school’s full academic year and for its attendance area.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Elements [37630 - 37632] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37630. The provisions of Article 1 (commencing with Section 48200), Article 3 (commencing with Section 48220) to Article 6 (commencing with Section 48290) of Chapter 2 of Part 27 of Division 4 of this title, and all other laws, relating to compulsory full-time education and the enrollment and attendance of pupils in the kindergarten, elementary, and secondary grades shall be applicable with respect to the regular schooldays prescribed for the entire academic year established for the school at which a program pursuant to this chapter is conducted, and to the attendance area established for such school. (Enacted by Stats. 1976, Ch. 1010.)
  110. 37631.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Elements [37630 - 37632] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Schools covered by this chapter must offer courses that meet all applicable legal requirements, and the instructional program must provide at least the equivalent instruction required for kindergarten through grade 12.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Elements [37630 - 37632] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37631. The courses of instruction offered at a school maintained pursuant to this chapter shall meet all applicable requirements of law, including the requirements prescribed by Chapter 2 (commencing with Section 51200) of Part 28 relating to physical education and Chapter 5.6 (commencing with Section 51930) of Part 28. For these purposes the instructional program shall be designed to provide at least the overall equivalent in instruction in each course of study required by law to be provided in kindergarten and grades 1 to 12, inclusive, upon the completion by a pupil of the work prescribed for any particular grade. (Amended by Stats. 2003, Ch. 650, Sec. 2. Effective January 1, 2004.)
  111. 37632.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Elements [37630 - 37632] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board running a continuous school program must set a separate salary schedule for certain certificated 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Elements [37630 - 37632] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 37632. The governing board of any school district operating the continuous school program pursuant to this chapter shall prescribe a separate salary schedule for the certificated employees of the district who are employed at any school maintaining the continuous school program pursuant to this chapter, and who, because of such employment, will be engaged in rendering services for the district for a greater number of total days during the academic year than would be the case for a regular academic year. (Enacted by Stats. 1976, Ch. 1010.)
  112. 37640.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Finances [37640 - 37644] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district running a continuous school program is entitled to the same, but not greater, support from the State School Fund as it would receive under the regular school-year rules, including summer 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Finances [37640 - 37644] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 37640. Each school district maintaining a continuous school program in any school within the district pursuant to this chapter shall be entitled to receive the same support, but not more support, from the State School Fund due to the average daily attendance at such school that it would have received if the school had been operating under the provisions of law relating to the regular school year, including summer school. (Enacted by Stats. 1976, Ch. 1010.)
  113. 37641.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Finances [37640 - 37644] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must prescribe a procedure for calculating certain State School Fund allowances, apportionments, and disbursements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Finances [37640 - 37644] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 37641. The Superintendent of Public Instruction shall prescribe an appropriate procedure for the computation of allowances, apportionments, and disbursements from the State School Fund which are to be made to any school district maintaining a continuous school program pursuant to this chapter for any one or more of the purposes specified in Sections 41300 and 41301 for the average daily attendance at any school operating such a program. (Enacted by Stats. 1976, Ch. 1010.)
  114. 37642.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Finances [37640 - 37644] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For school districts running a continuous school program, the article’s allowances, disbursements, and apportionments must be handled in line with the laws that govern those payments, 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Finances [37640 - 37644] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 37642. The allowances, disbursements, and apportionments under this article shall be made with respect to any school district maintaining a continuous school program pursuant to this chapter in accordance with the provisions of law relating to such allowances, disbursements, and apportionments, to the extent possible. (Enacted by Stats. 1976, Ch. 1010.)
  115. 37643.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Finances [37640 - 37644] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction may arrange actual disbursement of apportionments to the school district at times different from those specified elsewhere, but the district may not receive more than the amount 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Finances [37640 - 37644] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 37643. The Superintendent of Public Instruction may provide for the actual disbursement of the apportionments to the school district maintaining the continuous school program pursuant to this chapter at times other than as specified in Article 3 (commencing with Section 41330) of Chapter 3 of Part 24 of this division. In no event, however, shall the school district receive apportionments in a total amount in excess of the amount determined pursuant to this article. (Enacted by Stats. 1976, Ch. 1010.)
  116. 37644.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Finances [37640 - 37644] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Some school districts may receive a one-time grant if they convert schools to a continuous school program and get approval from the Superintendent of Public Instruction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Continuous School Programs [37600 - 37644] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Finances [37640 - 37644] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 37644. Any school district with an average daily attendance of more than 500 which, prior to July 1, 1979, converts one or more schools to a continuous school program pursuant to this chapter, shall, upon the approval of the Superintendent of Public Instruction, receive from funds appropriated for this purpose, a one-time grant not to exceed twenty-five thousand dollars ($25,000). School districts already operating continuous school programs on effective date of this section shall be eligible for the grant. Any school district with an average daily attendance of 500 or less, which, prior to July 1, 1979, converts one or more schools to a continuous school program pursuant to this chapter, shall, upon the approval of the Superintendent of Public Instruction, receive from funds appropriated for this purpose, a one-time grant not to exceed five thousand dollars ($5,000). (Enacted by Stats. 1976, Ch. 1010.)
  117. 37670.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 1. Multitrack Year-Round Scheduling [37670 - 37672] ( Article 1 heading added by Stats. 2004, Ch. 901, Sec. 1. )

    Verify source ↗

    A school district may run a multitrack year-round schedule, and a certificated employee under that program generally must work the same number of days and increase daily minutes on a uniform basis.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 1. Multitrack Year-Round Scheduling [37670 - 37672] ( Article 1 heading added by Stats. 2004, Ch. 901, Sec. 1. ) ## 37670. (a) Except as provided in Article 2 (commencing with Section 37680), a school district may operate a program of multitrack year-round scheduling at one or more schools within the district. A program of multitrack year-round scheduling may operate at a schoolsite for as few as 163 days in each fiscal year if the governing board of the school district adopts a resolution at a regularly scheduled board meeting certifying that both of the following criteria are met at the schoolsite: (1) The number of annual instructional minutes is not less than that of schools of the same grade levels utilizing the traditional school calendar. (2) It is not possible for the school to maintain a multitrack schedule containing the same number of instructional days as are provided in schools of the district utilizing the traditional school calendar given the facilities, program, class sizes, and projected number of pupils enrolled at the schoolsite. (b) A certificated employee working under a program described in this section, except one serving under an administrative or supervisorial credential who is assigned full time to a school in a position requiring qualifications for certification, shall work the same number of days and shall increase the number of minutes worked daily on a uniform basis. (c) A program conducted pursuant to this section is eligible for apportionment from the State School Fund. (Amended by Stats. 2004, Ch. 901, Sec. 2. Effective September 29, 2004.)
  118. 37671.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 1. Multitrack Year-Round Scheduling [37670 - 37672] ( Article 1 heading added by Stats. 2004, Ch. 901, Sec. 1. )

    Verify source ↗

    Schools in programs under Section 37670 are exempt from Section 37202 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 1. Multitrack Year-Round Scheduling [37670 - 37672] ( Article 1 heading added by Stats. 2004, Ch. 901, Sec. 1. ) ## 37671. Schools in programs conducted pursuant to Section 37670 shall be exempted from the requirements of Section 37202. (Amended by Stats. 1991, Ch. 756, Sec. 6. Effective October 9, 1991.)
  119. 37672.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 1. Multitrack Year-Round Scheduling [37670 - 37672] ( Article 1 heading added by Stats. 2004, Ch. 901, Sec. 1. )

    Verify source ↗

    Rules limit how attendance is counted for pupils in year-round scheduling programs and give school districts limited discretion to ignore certain makeup-class days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 1. Multitrack Year-Round Scheduling [37670 - 37672] ( Article 1 heading added by Stats. 2004, Ch. 901, Sec. 1. ) ## 37672. (a) No pupil participating in programs as described in Section 37670 shall be credited with more than one day of attendance in any calendar day, except as permitted in Section 46140. Average daily attendance generated in the regular elementary, junior high, and high schools operated under Section 37670 shall be calculated as prescribed in subdivision (a) of Section 41601. (b) Notwithstanding Section 37640, subdivision (a) of Section 41601, and any other provision of law, the number of days taught in one or more late entry makeup classes in which a pupil in a program of year-round scheduling is enrolled shall be disregarded, at the option of a school district, in calculating the number of days taught in the calculation of average daily attendance of that district for any school year, if the pupil entered the program of year-round scheduling after September 1 of that school year and the track in which the pupil is enrolled began instruction in July or August of that school year. For purposes of this subdivision, “late entry makeup class” is a class in which a pupil in a program of year-round scheduling is enrolled in order to compensate for the pupil’s late enrollment in that program. The number of days taught that are disregarded under this subdivision shall not exceed the number of schooldays occurring in the school year prior to September 1 in the track in which the pupil is enrolled, reduced by the number of schooldays, if any, occurring in a program operating under the traditional school calendar in which the pupil was enrolled in that school district in the same school year prior to the date upon which the pupil is first enrolled in the program of year-round scheduling. (c) This subdivision shall only apply to school districts with an average daily attendance of 100,001 or more pupils that have installed an individual pupil tracking system and maintain schools on both the traditional calendar and on year-round calendars. For the 1993–94 and 1994–95 fiscal years, if a pupil transfers to another school within the district, other than a transfer initiated by the district, the pupil’s average daily attendance shall be calculated independently for each school in which the pupil was enrolled. For the 1993–94 fiscal year as recertified at the time of the first principal apportionment in February of 1995 and for the 1994–95 fiscal year, in no event may any transferring pupil generate more than 0.98 unit of average daily attendance for the district in any one school year under this subdivision. In no event shall this subdivision be construed to authorize any nontransferring pupil to generate more than one unit of average daily attendance for any school year. (Amended by Stats. 1995, Ch. 519, Sec. 1. Effective October 4, 1995.)
  120. 37680.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    This section defines key terms used in the article, including Concept 6, comprehensive action plan, state board, and technical assistance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37680. For purposes of this article, the following terms have the following meanings: (a) “Capacity-related busing” means transporting a pupil to a school other than the school of residence in order to reduce the number of pupils attending the school of residence. (b) “Circumstances beyond the control of the district” means any of the following: (1) An increase in pupil population beyond the demographic projections set forth in the district’s comprehensive action plan, or an amendment thereto, if the increase was not reasonably foreseeable through the use of annual, informed reestimates of demographic projections. (2) A cost escalation, shortage in construction material or capacity, delay in completion of an environmental review, or natural or human-made disaster materially affecting the district’s facilities program, if the circumstance was not reasonably foreseeable and the district exercised due diligence in planning for that circumstance. (3) A lack of sufficient state or local funds to complete necessary school construction. “Lack of sufficient state or local funds” may not be substantiated if a district expends state or local funds designated for new construction for any purpose other than the construction of additional school facilities to reduce reliance on the Concept 6 program, except for funds for projects eligible to receive facility hardship funds pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10. (c) “Comprehensive action plan” means the plan developed pursuant to Section 37682. (d) “Concept 6” means a program whereby a school operates on a three-track year-round calendar in which each track provides fewer than 180 days, but no fewer than 163 days, of instruction per school year. (e) “Specific school building plan” means both of the following: (1) The district has identified preferred sites and has approved projects, as required under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), needed to satisfy the pupil capacity projected in the district’s comprehensive action plan. (2) The district has identified and obtained the funding necessary to complete the particular projects identified. If state funding is part of the funding identified, a district is deemed to have obtained state funding if it has received either of the following: (A) An apportionment from the state for the project. (B) A preliminary apportionment for the project under the Critically Overcrowded School Facilities Program, as set forth in Article 11 (commencing with Section 17078.10) of Chapter 12.5 of Part 10. (f) “State board” means the State Board of Education. (g) “Substantial progress” means achieving a total enrollment on Concept 6 calendars of no more than 110 percent of the annual numerical goals set forth in the district’s comprehensive action plan. (h) “Technical assistance” includes, but is not limited to, assistance in identifying and acquiring a schoolsite, guidance in maximizing access to funding, and facilitating the process of obtaining state approval for new construction projects. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  121. 37681.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    A school district generally may not operate a Concept 6 program starting with the 2004–05 school year, and a newly operating school after July 1, 2004 may not do so if it would raise the district’s Concept 6 school count above the prior two-year average.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37681. (a) Commencing with the 2004–05 school year, a school district may not operate a Concept 6 program, unless the school district operated a Concept 6 program continuously since the 2003–04 school year. (b) A school initially operating on or after July 1, 2004, may not operate a Concept 6 program if operation of the program would increase the number of schools in the district operating a Concept 6 program above the number in operation in the district, on average, over the preceding two school years. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  122. 37682.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    A district operating a Concept 6 program must submit a comprehensive action plan to the department by January 1, 2005, and it may not use pupil transport over 40 minutes away from the home school to eliminate the program, except under a desegregation 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37682. (a) As a condition of operating a Concept 6 program at a school in the 2004–05 school year or thereafter, a district shall, by January 1, 2005, present to the department a comprehensive action plan detailing the strategy and steps to be taken annually to eliminate the use of the Concept 6 program as soon as practicable, and no later than July 1, 2012. Except as provided in subdivision (b), the action plan shall include all of the following: (1) An analysis of the factors relating to the district’s current and projected operation of the Concept 6 program including, but not limited to, demographic forecasts, space use and needs, class sizes, programmatic constraints, facility construction status, the amount of funding needed to create additional classroom space, and the proposed sources of that funding. (2) A detailed description of the multiple phases of planning and construction, including site identification, site acquisition, construction commencement and completion date, and occupancy dates of projects designed to eliminate use of the Concept 6 program, including a reasonable projection of the number of additional pupil seats to be provided through each of the multiple phases of planning and construction. (3) Reasonable, districtwide numerical goals against which annual progress toward eliminating the use of the Concept 6 program can be measured, including a projection of the number of pupils, if any, the district estimates will remain on a Concept 6 program on July 1 of each year through 2012. (b) If a district projects that it will eliminate the Concept 6 program on or before July 1, 2008, the district shall not be required to include in its comprehensive action plan the information contained in paragraphs (2) and (3) of subdivision (a) but, instead, shall include a narrative explanation of the manner in which it will accomplish its goal to eliminate the Concept 6 program and shall project the date that each school in the district will eliminate the program. (c) A district may not transport pupils to another school more than 40 minutes away from the school of residence, other than as required pursuant to a desegregation plan, as a means to eliminate the Concept 6 program. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  123. 37683.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    The Superintendent of Public Instruction must review a district’s comprehensive action plan and recommend approval or disapproval to the state 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37683. (a) The Superintendent of Public Instruction shall evaluate a comprehensive action plan submitted by a district and shall make recommendations to the state board for approval or disapproval of the plan. The evaluation shall be based on the reasonableness and practicability of the district in eliminating the Concept 6 program by the earliest practicable date and no later than July 1, 2012. The evaluation shall include an analysis of whether adequate sources of funding have been identified for the projects necessary to eliminate the program. In considering whether a district has identified adequate sources of funding, the superintendent shall consult with the Office of Public School Construction. (b) If the state board disapproves a comprehensive action plan, it shall specify the reasons for the disapproval and require the district to submit a revised plan, within a time specified by the state board, to address the state board’s concerns. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  124. 37684.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    A district operating a Concept 6 program must report progress each January and, if it misses goals or its progress changes materially, must explain the change and update its action plan or file a supplemental report.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37684. (a) A district operating a Concept 6 program shall report each January to the Superintendent of Public Instruction, who shall report to the state board, on progress made in reaching the annual numerical goals established in its comprehensive action plan. If a district fails to meet an annual numerical goal, the district shall identify the specific cause of the failure and amend its comprehensive action plan to indicate the specific steps that it will take to remedy that failure so that it will meet its deadline to eliminate the Concept 6 program as stated in its comprehensive action plan. (b) If the district’s progress toward meeting its numerical goals has or is projected to change materially, the district shall file a supplemental, mid-year report with the Superintendent of Public Instruction. The report shall describe the nature and cause of the material change and indicate the specific steps that the district will take, and the state technical assistance needed, if any, to address the change. The superintendent shall evaluate the supplemental, mid-year report and make recommendations to the state board for approval or disapproval. The evaluation shall be based on the reasonableness and practicability of the district to reach its annual goals and eliminate the Concept 6 program by the earliest practicable date, and no later than July 1, 2012. If the state board disapproves a report, it shall specify the reasons for disapproval and require the district to submit a revised report, within a timeframe specified by the state board, to address the concerns raised by the state board. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  125. 37685.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    A district planning to operate a Concept 6 program after June 30, 2006 must submit written evidence by July 1 each year to show substantial progress toward its annual goals; the superintendent then reviews the submission and reports to the state 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37685. (a) A district that plans to operate a Concept 6 program after June 30, 2006, shall, by July 1, 2006, and by July 1 of any succeeding year in which it plans to operate a Concept 6 program, as a condition of operating that program, submit evidence in writing to establish to the satisfaction of the Superintendent of Public Instruction that substantial progress has been made toward meeting its annual numerical goals as stated in its comprehensive action plan. (b) The superintendent shall evaluate the written submission to determine whether the district has made substantial progress toward meeting its goals and shall submit a report to the state board. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  126. 37686.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    A district that misses annual numerical goals for two consecutive years between 2005 and 2012 is barred, until it makes substantial progress, from certain new construction, certain developer-fee spending, and certain school-facilities financing approvals, with a hardship-funding exception.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37686. (a) If a district fails to meet its annual numerical goals for any two consecutive years between 2005 and 2012, the district shall be prohibited from all the following until the district achieves substantial progress toward meeting its annual numerical goals: (1) Approving any new construction or new portable classroom other than a project directly designed to eliminate the use of the Concept 6 program or to reduce reliance on capacity-related busing that transports pupils more than 40 minutes to or from school. (2) To the extent permitted by law, designating revenues from developer fees for any purpose not directly related to eliminating the Concept 6 program or reducing reliance on capacity-related busing. (3) Approving the issuance of a Certificate of Participation for any school facilities-related purpose not directly related to the elimination of the Concept 6 program or reducing reliance on capacity-related busing. (b) Subdivision (a) does not preclude a district from using funding from any source for a project that is eligible for hardship funding approved by the State Allocation Board pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  127. 37687.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    If a district plans to keep operating a Concept 6 program after June 30, 2009, it must file written evidence each year by July 1 showing a specific school building plan to replace the program by the earliest practicable date and no later than July 1, 2012.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37687. (a) A district that plans to operate a Concept 6 program after June 30, 2009, shall by July 1 of 2009, and by July 1 of any succeeding year in which it plans to operate a Concept 6 program, submit evidence in writing to establish to the satisfaction of the Superintendent of Public Instruction that it has developed a specific school building plan to provide adequate pupil capacity to eliminate the Concept 6 program by the earliest practicable date and no later than July 1, 2012. (b) The superintendent shall evaluate the written submission to determine whether the district has developed a specific school building plan and shall submit a report to the state board. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  128. 37688.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    If a district operating a Concept 6 program fails the required progress or planning findings, the state board must hold a public hearing and adopt a remedial plan; the district may submit its own analysis, and some remedial plans may include technical assistance or quarterly oversight.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37688. (a) If on or after July 31, 2008, and any succeeding year in which a district operates a Concept 6 program, the state board finds that a district has failed to make substantial progress in eliminating the Concept 6 program, or if on or after July 31, 2009, and any succeeding year in which a district operates a Concept 6 program, the state board finds that a district has failed to develop a specific school building plan, the state board shall hold a public hearing to determine the cause of the failure and the remedies to be undertaken by the state board to ensure elimination of the Concept 6 program by the earliest practicable date and no later than July 1, 2012. (b) Prior to the public hearing, the Superintendent of Public Instruction and the State Allocation Board shall each provide a written analysis and opinion to the state board as to the cause of the failure and the remedies proposed to be undertaken. The State Allocation Board shall render its opinion based upon a written analysis prepared by the Office of Public School Construction. The district may submit its own analysis as to the cause of the failure and remedies it proposes to be undertaken. (c) After the public hearing, the state board shall adopt a remedial plan that the district shall follow to ensure elimination of the Concept 6 program by the earliest practicable date and no later than July 1, 2012. (d) (1) If the state board determines that the failure of a district to achieve substantial progress or develop a specific school building plan is due to circumstances beyond the control of the district, the remedial plan adopted by the state board may provide for technical assistance to the district from the department, the Office of Public School Construction, or the Division of the State Architect. The remedial plan may also recommend action for state financial assistance necessary to enable the district to eliminate the Concept 6 program by the earliest date practicable and no later than July 1, 2012. (2) If the state board determines that the failure of the district to achieve substantial progress or develop a specific school building plan is not due to circumstances beyond the control of the district, but due to its failure to act diligently to plan for the elimination of the Concept 6 program or to execute its comprehensive action plan, the remedial plan shall mandate at least quarterly review and oversight of the district by the department. The remedial plan may also include any of the measures described in paragraph (1) or other measures as the state board deems necessary to enable the district to eliminate the Concept 6 program by the earliest date practicable and no later than July 1, 2012. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  129. 37689.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    If the state board finds the district has not acted diligently, it must hold a public hearing and may place the district’s facilities construction program under direct oversight.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37689. (a) In addition to Section 37688, on or after July 31, 2009, if the state board determines that the failure of a district to achieve substantial progress or develop a specific school building plan is not due to circumstances beyond the control of the district, but due to its failure to act diligently to plan for the elimination of the Concept 6 program or to execute its comprehensive action plan, the board shall hold a public hearing to determine whether the state board should implement direct oversight of the district’s facilities construction program. (b) If the state board determines that direct oversight is necessary, the state board shall implement the oversight within 90 days of that determination. (1) Direct oversight by the state board shall consist of assigning a monitor to the district who shall report to the state board at each of its regularly scheduled meetings on progress made by the district in working toward the elimination of the Concept 6 program. The monitor shall have relevant experience in engineering, construction, or management of major public works projects and shall have the resources and authority to contract with appropriate professionals in the fields of program management, project management, and finance. In selecting a monitor, the state board shall receive nominees from, and consult with, the superintendent of the district, the Office of Public School Construction, and the citizens’ oversight committee of the district, established under Section 15278. (2) The monitor shall make recommendations to the district with respect to the planning and implementation of its school construction program. The district shall follow the recommendations of the monitor unless the district shows, to the satisfaction of the state board, good cause for not doing so. The district shall notify the state board if it disputes a recommendation and the state board shall hold a public hearing to hear and decide the dispute within 30 days of receiving the notice. (3) The district and the citizens’ oversight committee shall have an opportunity to appear at the public hearing and provide written or oral testimony to support their positions. (4) A recommendation of the monitor that is mandatory, as opposed to prohibitory, shall be stayed during the time the dispute is before the state board. (5) Upon the conclusion of the public hearing, the state board shall direct the district to implement the recommendations of the monitor if it finds, in consultation with the Office of Public School Construction, that the district lacks good cause for failing to implement the recommendations. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  130. 37690.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    District reports covered by this article must be made public, and interested parties may submit comments to the appropriate state agency within a reasonable time after the report is submitted.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37690. All reports required by a district to be submitted to a state agency pursuant to this article shall be made available to the public. An interested party shall be permitted to submit comments regarding a report to the appropriate state agency within a reasonable time following the submission of the report to that state agency. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  131. 37691.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    A Concept 6 program under this article is eligible for apportionment from the State School 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37691. A Concept 6 program conducted pursuant to this article is eligible for apportionment from the State School Fund. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  132. 37692.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    The department must conduct a survey by July 1, 2008, then send the results to specified education and finance bodies. The Legislature must then decide whether to repeal the authority to run a Concept 6 program, based on that survey, before July 1, 2012.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37692. On or before July 1, 2008, the department, in consultation with the Office of Public School Construction, shall conduct a survey to determine whether the school districts operating Concept 6 programs will phase out the program by the 2009–10 fiscal year and shall submit a copy of the results of the survey to the Assembly Committee on Education, the Senate Committee on Education, and the Department of Finance. Based on the survey, the Legislature shall determine whether to repeal the authority to operate a Concept 6 program prior to July 1, 2012. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  133. 37693.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    A Concept 6 program cannot be operated after July 1, 2012, or any earlier date set by the Legislature under Section 37692.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37693. (a) A Concept 6 program may not be operated after July 1, 2012, or such earlier date as may be prescribed by the Legislature pursuant to Section 37692. (b) Although the Concept 6 program is authorized until July 1, 2012, it is the intent of the Legislature that all school districts eliminate the Concept 6 program as soon as practicable. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  134. 37694.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    A school district running a Concept 6 program is exempt from Section 37202 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37694. A school district operating a Concept 6 program is exempt from the requirements of Section 37202. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  135. 37695.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. )

    Verify source ↗

    A Concept 6 pupil generally cannot be credited with more than one day of attendance in a calendar day, and a school district may disregard certain late-entry makeup class days when calculating average daily attendance if the stated conditions are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ( Chapter 5.5 added by Stats. 1987, Ch. 412, Sec. 1. ) ## ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] ( Article 2 added by Stats. 2004, Ch. 901, Sec. 3. ) ## 37695. (a) A pupil participating in a Concept 6 program shall not be credited with more than one day of attendance in any calendar day, except as permitted in Section 46140. (b) Average daily attendance generated at a regular elementary, junior high, or high school operated pursuant to this article shall be calculated as prescribed in subdivision (a) of Section 41601. (c) Notwithstanding Section 37640, subdivision (a) of Section 41601, and any other law, the number of days taught in one or more late entry makeup classes in which a pupil in a Concept 6 program is enrolled shall be disregarded, at the option of a school district, in calculating the number of days taught in the calculation of average daily attendance of that district for any school year, if the pupil entered the Concept 6 program after September 1 of that school year and the track in which the pupil is enrolled began instruction in July or August of that school year. For purposes of this subdivision, “late entry makeup class” is a class in which a pupil in a Concept 6 program is enrolled in order to compensate for the pupil’s late enrollment in that program. The number of days taught that are disregarded under this subdivision shall not exceed the number of schooldays occurring in the school year prior to September 1 in the track in which the pupil is enrolled, reduced by the number of schooldays, if any, occurring in a program operating under the traditional school calendar in which the pupil was enrolled in that school district in the same school year prior to the date upon which the pupil is first enrolled in the Concept 6 program. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.)
  136. 37700.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. )

    Verify source ↗

    Some named school districts may run a four-day school week if they meet instructional-time and other chapter 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. ) ## 37700. (a) Notwithstanding any other law, the Big Sur Unified School District, the Leggett Valley Unified School District, and the Reeds Creek Elementary School District may operate one or more schools in their respective school districts on a four-day school week, if the school district complies with the instructional time requirements specified in Section 37701 and the other requirements of this chapter. (b) (1) A school district operating one or more schools on a four-day school week pursuant to this section shall annually, not later than June 1, submit to the department for review and approval a plan for how the school district will ensure that the minimum instructional minutes required under Section 46207 will be met in the following school year. (2) If the school district offered less than the minimum instructional minutes required under Section 46207, the school district shall be subject to the penalties described in subdivision (b) of Section 46207 and subdivision (c) of Section 46208. Nothing in this section shall be construed to subject a school district that has met the minimum instructional minutes required under Section 46207 to those penalties. (c) A school district with an exclusive bargaining representative may operate a school on a four-day school week pursuant to this section only if the school district and the representative of each bargaining unit of school district employees mutually agree to that operation in a memorandum of understanding. (d) Instructional time penalties shall not be imposed pursuant to this section, as this section read on June 1, 2019, for the 2016–17 fiscal year to the 2018–19 fiscal year, inclusive, on a school district operating one or more schools on a four-day school week. (e) Notwithstanding subdivisions (a) and (b) of this section and Section 37701, for the 2020–21 fiscal year only, the Big Sur Unified School District, the Leggett Valley Unified School District, and the Reeds Creek Elementary School District may operate one or more schools in their respective school districts on a four-day school week, if the school district complies with the following requirements and the other requirements of this chapter: (1) Each day, pupils shall be scheduled for at least the minimum day for their grade level, as provided in Section 43501. (2) The school district shall offer a minimum of 144 days of instruction for the 2020–21 school year. (3) Instructional minutes shall be determined as follows: (A) For in-person instruction, instructional minutes shall be based on time scheduled under the immediate physical supervision and control of an employee of the local educational agency who possesses a valid certification document, registered as required by law. (B) For distance learning, instructional time shall be based on the time value of assignments as determined, and certified to, by an employee of the local educational agency who possesses a valid certification document, registered as required by law. (C) For a combined day of instruction delivered through both in-person instruction and distance learning, time scheduled under the immediate supervision of an employee of the local educational agency who possesses a valid certification document can be combined with assignments made under the general supervision of an employee of the local educational agency who possesses a valid certification document as registered by law to meet the equivalent of a minimum day of instruction. (4) If the school district offers instruction through distance learning, the requirements of distance learning in Part 24.5 (commencing with Section 43500). (5) If the school district does not meet the minimum instructional day requirements in Section 43501, the school district shall be subject to the penalties described in paragraph (1) of subdivision (i) of Section 43504. (Amended by Stats. 2020, Ch. 110, Sec. 9. (SB 820) Effective September 18, 2020.)
  137. 37701.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. )

    Verify source ↗

    A school district operating a four-day school week must provide minimum annual instructional hours, and it cannot exceed the kindergarten daily limit or the maximum school-day and minimum school-week 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. ) ## 37701. The school district shall provide on an annual basis, while operating a school on a four-day school week, not less than 560 hours of instructional time for kindergarten, not less than 700 hours of instructional time for grades 1, 2, and 3, and not less than 845 hours of instructional time for grades 4 to 12, inclusive. The school district may exceed these minimum instructional times except that no pupil in a kindergarten shall be kept in school more than four hours in any day, exclusive of recesses. The school day may not exceed eight hours, nor may the school week be less than four days. (Amended by Stats. 2004, Ch. 465, Sec. 1. Effective January 1, 2005.)
  138. 37702.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. )

    Verify source ↗

    A school district must get approval before operating a school on a four-day school week.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. ) ## 37702. Prior to operating a school on a four-day school week, the school district shall secure the approval of the governing board of the district and of any collective bargaining agents representing employees of the school district. (Amended by Stats. 2004, Ch. 465, Sec. 2. Effective January 1, 2005.)
  139. 37703.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. )

    Verify source ↗

    A school site council in the school district must be involved in planning and evaluating a four-day school week.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. ) ## 37703. A school site council in the school district shall be involved in the planning and evaluation of a four-day school week. (Amended by Stats. 2004, Ch. 465, Sec. 3. Effective January 1, 2005.)
  140. 37704.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. )

    Verify source ↗

    A school district must consider how a longer schoolday affects primary grade pupils and how a four-day school week affects working parents who may need child care.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. ) ## 37704. The school district shall consider the impact of the longer schoolday on primary grade pupils, and the impact of the four-day school week on working parents who may be required to find child care services for their schoolage children due to the shortened school week. (Amended by Stats. 2004, Ch. 465, Sec. 4. Effective January 1, 2005.)
  141. 37706.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. )

    Verify source ↗

    A school district that chooses a four-day school week is entitled to the same State School Fund support it would receive under the 175-day school year rules, but not more.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. ) ## 37706. If a school district elects to operate a school on a four-day school week as authorized by this chapter, the school district shall be entitled to receive the same support, but not more support, from the State School Fund due to the average daily attendance at the schools within the school district that it would have received if the school district had been operating under the provisions of law relating to the 175-day school year. (Amended by Stats. 2004, Ch. 465, Sec. 5. Effective January 1, 2005.)
  142. 37707.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. )

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    If a school district uses a four-day school week, it must not reduce employee rights or contract rights.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. ) ## 37707. If the school district elects to operate a school on a four-day school week pursuant to this chapter, the reduced number of schooldays in the school district shall not affect the rights of certificated or classified employees of the school district with regard to classification, tenure, or notice, and shall not otherwise affect the contract rights of the employees. (Amended by Stats. 2004, Ch. 465, Sec. 6. Effective January 1, 2005.)
  143. 37710.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. )

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    A school on a four-day school week loses that authority permanently if it fails to meet its Academic Performance Index growth target.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. ) ## 37710. If a school operating on a four-day school week pursuant to Section 37710.3, 37710.5, 37711, or 37712 fails to achieve its Academic Performance Index growth target pursuant to Section 52052, the authority of that school to operate on a four-day school week shall be permanently revoked commencing with the beginning of the following school year. (Amended by Stats. 2013, Ch. 716, Sec. 1. (SB 236) Effective October 10, 2013.)
  144. 37711.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. )

    Verify source ↗

    Certain listed San Diego County school districts may run one or more schools on a four-day school week if they meet Section 46207 instructional time rules and the other requirements in 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. ) ## 37711. Beginning in the 2004–05 fiscal year, the following school districts in San Diego County may operate one or more schools in their respective districts on a four-day school week if the districts comply with the instructional time requirements specified in Section 46207 and the other requirements of this chapter: (a) Borrego Springs Unified School District. (b) Julian Union Elementary School District. (c) Julian Union High School District. (d) Warner Unified School District. (Amended by Stats. 2024, Ch. 478, Sec. 1. (SB 1440) Effective January 1, 2025.)
  145. 37712.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. )

    Verify source ↗

    The Stony Creek Joint Unified School District may run one or more schools on a four-day week only if it meets instructional-time requirements and the other listed 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 22. SCHOOL OPERATIONS [37060 - 37712] ( Part 22 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Four-Day School Week [37700 - 37712] ( Chapter 6 added by Stats. 1982, Ch. 986, Sec. 1. ) ## 37712. (a) Notwithstanding any other law, commencing with the 2025–26 school year, the Stony Creek Joint Unified School District may operate one or more schools on a four-day school week if it complies with the instructional time requirements specified in Section 46207, the other requirements of this chapter, and all of the following requirements: (1) (A) The school district shall annually, by no later than June 1, submit to the department for review and approval, a plan for how the school district will ensure that the minimum instructional minutes required pursuant to Section 46207 will be met in the following school year. The plan shall include, but not be limited to, an annual school calendar with at least five additional days of instruction than is otherwise needed to meet the minimum instructional minute requirements pursuant to Section 46207 in the event that one or more of the schools in the school district is prevented from operating for any of the reasons described in Section 41422 or 46392. If the school district does not need some or all of the five additional days of instruction in order to meet the minimum instructional minute requirements in that school year, the school district shall only offer the extra instructional days to pupils as necessary to meet those requirements. (B) If the school district offered less than the minimum instructional minutes required pursuant to Section 46207, the school district shall be subject to the penalties described in subdivision (b) of Section 46207 and subdivision (c) of Section 46208. Nothing in this section shall be construed to subject the school district, if it has met the minimum instructional minutes required pursuant to Section 46207, to those penalties. (2) (A) The school district makes a nutritionally adequate breakfast, and a nutritionally adequate lunch, available five days per week to any pupil who requests a meal, free of charge, and without consideration of the pupil’s eligibility for federally funded free or reduced-price meals. (B) For purposes of subparagraph (A), the following definitions apply: (i) “Nutritionally adequate breakfast” is one that qualifies for reimbursement under the most current meal pattern for the federal School Breakfast Program, as defined in Section 220.8 of Title 7 of the Code of Federal Regulations. (ii) “Nutritionally adequate lunch” is one that qualifies for reimbursement under the most current meal pattern for the federal National School Lunch Program, as defined in Section 210.10 of Title 7 of the Code of Federal Regulations. (b) If the Stony Creek Joint Unified School District has an exclusive bargaining representative, it may operate a school on a four-day school week pursuant to this section only if the school district and the representative of each bargaining unit of school district employees mutually agree to that operation in a memorandum of understanding. (c) Notwithstanding subdivision (a), if the Stony Creek Joint Unified School District operates a four-day school week pursuant to this section but subsequently experiences, in a single year, a decline in status in 50 percent or more of the state indicators used to measure performance that are included in the evaluation rubrics adopted pursuant to Section 52064.5, the school district, commencing with the following school year, shall not operate a four-day school week. (d) This section shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed. (Added by Stats. 2024, Ch. 478, Sec. 2. (SB 1440) Effective January 1, 2025. Inoperative July 1, 2029. Repealed as of January 1, 2030, by its own provisions.)
  146. 38000.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    A school district board may create security or school police departments and hire related personnel, but if it does so it must set minimum qualifications for the chief; the chief must meet the prior-employment or training requirement by the stated deadline.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38000. (a) The governing board of a school district may establish a security department under the supervision of a chief of security as designated by, and under the direction of, the superintendent of the school district. In accordance with Chapter 5 (commencing with Section 45100) of Part 25, the governing board of a school district may employ personnel to ensure the safety of school district personnel and pupils and the security of the real and personal property of the school district. It is the intent of the Legislature in enacting this section that a school district security department is supplementary to city and county law enforcement agencies and is not vested with general police powers. (b) The governing board of a school district may establish a school police department under the supervision of a school chief of police and, in accordance with Chapter 5 (commencing with Section 45100) of Part 25, may employ peace officers, as defined in subdivision (b) of Section 830.32 of the Penal Code, to ensure the safety of school district personnel and pupils, and the security of the real and personal property of the school district. (c) The governing board of a school district that establishes a security department or a police department shall set minimum qualifications of employment for the chief of security or school chief of police, respectively, including, but not limited to, prior employment as a peace officer or completion of a peace officer training course approved by the Commission on Peace Officer Standards and Training. A chief of security or school chief of police shall comply with the prior employment or training requirement set forth in this subdivision as of January 1, 1993, or a date one year subsequent to the initial employment of the chief of security or school chief of police by the school district, whichever occurs later. This subdivision shall not be construed to require the employment by a school district of additional personnel. (d) A school district may assign a school police reserve officer who is deputized pursuant to Section 35021.5 to a schoolsite to supplement the duties of school police officers pursuant to this section. (e) It is the intent of the Legislature to evaluate the presence of peace officers and other law enforcement on school campuses and to identity and consider alternative options to ensure pupil safety based on the needs of the local school communities. It is the intent of the Legislature to consider encouraging local educational agencies to use school resources currently allocated to such personnel, including school police departments and contracts with local police or sheriff departments, for pupil support services, such as mental health services and professional development for school employees on cultural competency and restorative justice, as needed, if found to be a more appropriate use of resources based upon the needs of the pupils and campuses that serve them. (Amended by Stats. 2020, Ch. 24, Sec. 17. (SB 98) Effective June 29, 2020.)
  147. 38001.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    School district police department employees who are appointed and duly sworn are treated as peace officers for their employment duties under Penal Code Section 830.32.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38001. Persons employed and compensated as members of a police department of a school district, when appointed and duly sworn, are peace officers, for the purposes of carrying out their duties of employment pursuant to Section 830.32 of the Penal Code. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  148. 38001.5.

    ## 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. )

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    School security officers employed by a school district must complete specified training, and school districts must provide that training and handle fingerprint/background-check steps before employment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38001.5. (a) It is the intent of the Legislature to ensure the safety of pupils, staff, and the public on or near California’s public schools, by providing school security officers with training that will enable them to deal with the increasingly diverse and dangerous situations they encounter. (b) (1) Every school security officer employed by a school district shall complete the latest course of training developed by the Bureau of Security and Investigative Services of the Department of Consumer Affairs in consultation with the Commission on Peace Officer Standards and Training pursuant to Section 7583.45 of the Business and Professions Code. If a school security officer subject to the requirements of this subdivision is required to carry a firearm while performing their duties, that school security officer shall additionally satisfy the training requirements of Section 832 of the Penal Code. (2) A school district shall provide the training required pursuant to this subdivision to all school security officers who are employees of the school district. A school district shall provide the training during the employee’s regular work hours, unless otherwise negotiated and mutually agreed upon with the employee’s exclusive representative. (3) This subdivision does not require a school district to provide training to security guards who are not employees of the school district, including security guards who work on the property of the school district pursuant to a contract with a private licensed security agency. A school district that contracts for security services shall comply with the requirements of Section 45103.1. (4) This subdivision shall not apply to a school security officer employed by a school district who works 20 or fewer hours per week as a school security officer until July 1, 2021. (5) For purposes of this subdivision, “school district” includes a school district, county office of education, and charter school. (c) For purposes of this chapter, “school security officer” means any person primarily employed or assigned pursuant to subdivision (b) to provide security services as a watchperson, security guard, or patrolperson on or about premises owned or operated by a school district to protect persons or property or to prevent the theft or unlawful taking of school district property of any kind or to report any unlawful activity to the school district and local law enforcement agencies. (d) (1) A school security officer shall not be employed and shall not continue to be employed by a school district until both of the following conditions have been met: (A) (i) The applicant or employee has submitted to the school district two copies of their fingerprints on forms or electronically, as prescribed by the Department of Justice. The school district shall submit the fingerprints to the Department of Justice, which shall submit one copy of the fingerprints to the United States Federal Bureau of Investigation. (ii) An applicant or contracted employee who holds a permanent registration with the Bureau of Security and Investigative Services of the Department of Consumer Affairs as a security guard need only submit one copy of their fingerprints, which copy shall be submitted to the United States Federal Bureau of Investigation. (iii) An applicant or contracted employee who is registered by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, and who holds a firearms qualification card as specified in Section 7583.22 of the Business and Professions Code, is exempt from the requirements of this subdivision. (B) The applicant or employee has been determined not to be a person prohibited from employment by a school district pursuant to Sections 44237 and 45122.1, or by the Department of Justice from possessing a firearm if the applicant is required to carry a firearm. (2) The Department of Justice may participate in the National Instant Criminal Background Check System (NICS) in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this subdivision relating to firearms. (Amended by Stats. 2019, Ch. 475, Sec. 2. (SB 390) Effective January 1, 2020.)
  149. 38001.6.

    ## 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    Certain school peace officers hired before July 1, 1999 must complete fingerprint and eligibility checks to keep their jobs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38001.6. (a) Every school peace officer first employed by a K–12 public school district before July 1, 1999, shall, in order to retain his or her employment, fulfill both of the following conditions: (1) The employee shall submit to the school district one copy of his or her fingerprints on forms prescribed by the Department of Justice. The Department of Justice shall forward this copy to the United States Federal Bureau of Investigation. (2) The employee shall be determined to be a person who is not prohibited from employment by a school district pursuant to Sections 44237 and 45122.1, and, if the employee is required to carry a firearm, shall be determined by the Department of Justice to be a person who is not prohibited from possessing a firearm. (b) The Department of Justice may participate in the National Instant Criminal Background Check System (NICS) in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this section relating to firearms. (Added by renumbering Section 39672 by Stats. 2015, Ch. 303, Sec. 77. (AB 731) Effective January 1, 2016.)
  150. 38002.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. )

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    School district funds transferred under Penal Code Section 1463.12 may be used for specified training 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38002. Moneys transferred into the general fund of any school district pursuant to Section 1463.12 of the Penal Code may be made available for the following purposes: (a) The training of persons employed and compensated as members of a police department of a school district, pursuant to the requirements or approval of the Commission on Peace Officer Standards and Training. (b) The training of persons employed and compensated as members of a police department of a school district in other public safety skills, including, but not limited to, all of the following: (1) First aid. (2) Rescue. (3) Cardiopulmonary resuscitation. (4) Emergency medical technician training. (5) Juvenile procedures. (6) Specialized safety equipment. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  151. 38003.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    School district security or police employees must carry specified identification, may wear a district badge, and the district pays required uniform and equipment costs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38003. Persons employed and compensated as members of a security or police department of a school district shall be supplied with and authorized to wear a badge bearing the name of the school district. The employee shall carry a suitable identification card bearing his or her photograph and signature and the signature of the superintendent of the school district. The employee shall also carry such other identification data as may be required by local law enforcement agencies. The governing board may direct the wearing of a distinctive uniform and shall prescribe same. The costs of required uniforms, equipment, identification badges, and cards shall be borne by the district. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  152. 38004.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    A school district board that establishes a security or police department may provide and maintain motor vehicles for that department. Vehicles used by police department members in the performance of duty are treated as authorized emergency vehicles and may be equipped and operated accordingly under the Vehicle 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38004. The governing board of a school district which establishes a security or police department may provide and maintain motor vehicles for the use of the department. Any vehicle, when operated in the performance of his or her duties by any member of the police department, is an authorized emergency vehicle and may be equipped and operated as such as provided by the Vehicle Code. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  153. 38004.5.

    ## 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. )

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    A school district board may not allow its school police department to receive surplus military equipment unless it first completes several public approval and safety steps.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38004.5. The governing board of a school district that establishes a school police department shall not permit the school police department to receive surplus military equipment pursuant to Section 2576a of Title 10 of the United States Code, unless the governing board of the school district does all of the following: (a) Votes to approve the acquisition of surplus military equipment at a regularly scheduled public board meeting. (b) Provides parents or guardians of pupils, and other members of the public, a chance to comment at a regularly scheduled public board meeting on the proposed acquisition of surplus military equipment, and, clearly and in a manner recognizable to the general public, identify in the agenda the topic to be discussed at the meeting. (c) Provides a detailed description of the function and purpose of the surplus military equipment to be received. (d) Identifies safe and secure storage for surplus military equipment to be received by a school police department. (e) Ensures that peace officers employed by a school police department possess adequate training in the safe use and handling of the surplus military equipment to be received. (Added by Stats. 2015, Ch. 79, Sec. 1. (SB 242) Effective January 1, 2016.)
  154. 38005.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    A school district governing board may hire a private licensed security agency for school safety and property security when an emergency prevents normal personnel from providing the service or requires extra security, but only after a majority-vote emergency finding is entered in the board 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 1. Security Departments [38000 - 38005] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38005. The governing board of any school district may contract with a private licensed security agency to insure the safety of school district personnel and pupils and the security of the real and personal property of the school district when the personnel normally required to provide such service fail to do so because of an emergency including, but not limited to, war, epidemic, fire, flood, or work stoppage; or when such an emergency necessitates additional security services. This section shall apply only if the governing board by a majority vote makes a specific finding that an emergency exists, and that this finding is included in the board minutes. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  155. 38040.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 2. Drinking Water [38040 - 38043] ( Chapter 2 added by Stats. 2022, Ch. 793, Sec. 2. )

    Verify source ↗

    This section defines “water bottle filling station” for 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 2. Drinking Water [38040 - 38043] ( Chapter 2 added by Stats. 2022, Ch. 793, Sec. 2. ) ## 38040. For purposes of this chapter, “water bottle filling station” means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container. (Added by Stats. 2022, Ch. 793, Sec. 2. (AB 2638) Effective January 1, 2023.)
  156. 38041.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 2. Drinking Water [38040 - 38043] ( Chapter 2 added by Stats. 2022, Ch. 793, Sec. 2. )

    Verify source ↗

    School construction and modernization projects covered by this section must include water bottle filling stations and meet placement, water quality, cleaning, and maintenance 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 2. Drinking Water [38040 - 38043] ( Chapter 2 added by Stats. 2022, Ch. 793, Sec. 2. ) ## 38041. (a) (1) A new construction or modernization project submitted to the Division of the State Architect pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 by a school district or the governing body of a charter school shall include water bottle filling stations, consistent with the requirements of this section. (2) The requirements of this section only apply to those projects described in paragraph (1) that are submitted to the Division of the State Architect three months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring on or after November 1, 2022. (b) (1) For modernization projects, there shall be a minimum of one water bottle filling station at each school undergoing modernization. (2) For new construction projects, there shall be a minimum of one water bottle filling station per 350 people at each school being constructed. (c) Water bottle filling stations shall be placed in or near high traffic and common areas, such as all of the following: (1) Hallways. (2) Gymnasiums. (3) School food service areas. (4) Outdoor recreation areas. (5) Faculty lounges. (d) Water bottle filling stations shall meet all of the following requirements: (1) Dispense drinking water that meets primary drinking water standards and secondary drinking water standards, as defined in Section 116275 of the Health and Safety Code. The water bottle filling station shall dispense filtered water if necessary to meet those standards. (2) Be regularly cleaned to maintain sanitary conditions. (3) Be maintained on a regular basis to ensure they function properly. (e) Water bottle filling stations may be combined with drinking fountains. (f) School districts and governing bodies of charter schools are encouraged to install touchless bottle filling stations for sanitary reasons. (g) School districts and governing bodies of charter schools are encouraged to install water bottle filling stations that dispense cooled water if the water bottle filling stations are located near an electrical source. (h) (1) An existing water bottle filling station that was installed at a school before the enactment of this chapter shall count toward the minimum number of water bottle filling stations required pursuant to subdivision (b), provided that the water bottle filling station meets the requirements of subdivision (d). (2) An existing water bottle filling station that was installed at a school before the enactment of this chapter that does not meet the requirements of subdivision (d) may be repaired or improved by a school in order to meet the requirements of subdivision (d). Upon repair or improvement of the water bottle filling station to meet the requirements of subdivision (d), the school may count the water bottle filling station toward the minimum number of water bottle filling stations required pursuant to subdivision (b). (Added by Stats. 2022, Ch. 793, Sec. 2. (AB 2638) Effective January 1, 2023.)
  157. 38042.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 2. Drinking Water [38040 - 38043] ( Chapter 2 added by Stats. 2022, Ch. 793, Sec. 2. )

    Verify source ↗

    School districts and charter school governing bodies must let pupils, teachers, and staff bring and carry water bottles, though they may exclude them from certain dangerous locations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 2. Drinking Water [38040 - 38043] ( Chapter 2 added by Stats. 2022, Ch. 793, Sec. 2. ) ## 38042. (a) A school district or the governing body of a charter school shall allow pupils, teachers, and staff to bring and carry water bottles. (b) Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water. (c) School districts and governing bodies of charter schools are encouraged to develop and adopt policies about the type of water bottles that may be carried. (Added by Stats. 2022, Ch. 793, Sec. 2. (AB 2638) Effective January 1, 2023.)
  158. 38043.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 2. Drinking Water [38040 - 38043] ( Chapter 2 added by Stats. 2022, Ch. 793, Sec. 2. )

    Verify source ↗

    School district administrators or a charter school’s governing body must tell teachers, staff, parents, and pupils about their rights under this chapter and promote water consumption at 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 2. Drinking Water [38040 - 38043] ( Chapter 2 added by Stats. 2022, Ch. 793, Sec. 2. ) ## 38043. (a) Administrators of a school district or the governing body of a charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school. (b) Administrators of a school district or the governing body of a charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools. (Added by Stats. 2022, Ch. 793, Sec. 2. (AB 2638) Effective January 1, 2023.)
  159. 38080.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    In this code, “cafeteria” means the same as “food service.”

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38080. The term “cafeteria” as used in this code is considered synonymous with the term “food service.” (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  160. 38081.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    A school district governing board may establish cafeterias in schools if it thinks doing so is advisable.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38081. The governing board of any school district may establish cafeterias in the schools under its jurisdiction whenever in its judgment it is advisable to do so. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  161. 38082.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    Food sales at a school-district cafeteria are restricted to listed groups, and the district governing board may exempt other people or organizations by formal 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38082. Food shall not be sold at any cafeteria operated by a school district to anyone except pupils and employees of any school district, members of the governing board thereof, and members or employees of the fund or association maintaining the cafeteria; provided, however, that nothing herein contained shall prohibit the use of the cafeteria facilities by any work or harvest camp maintained by or within the district, and by persons entitled to use the school under the Civic Center Act; and provided further, that the governing board of any school district operating a cafeteria may exempt by formal resolution of the board other individuals and organizations from the operation of this section including senior citizens participating in any program conducted pursuant to Chapter 6 (commencing with Section 9500) of Division 8.5 of the Welfare and Institutions Code. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  162. 38083.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    A school district may buy perishable foodstuffs and seasonal commodities for cafeteria operations if its governing board adopts purchase rules and 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38083. Perishable foodstuffs and seasonal commodities needed in the operation of cafeterias may be purchased by the school district in accordance with rules and regulations for such purchase adopted by the governing board of said district notwithstanding any provisions of this code in conflict with such rules and regulations. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  163. 38084.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    Food served in school cafeterias must be sold at a price that covers the cost of maintaining the cafeterias, subject to specified cost exclusions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38084. The food served shall be sold to the patrons of the cafeterias at such a price as will pay the cost of maintaining the cafeterias, exclusive of the costs made a charge against the funds of the school district by this chapter, and items made a charge against the funds of the school district by resolution of the governing board under authority of this chapter. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  164. 38086.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    School districts must provide free, fresh drinking water during meal times in school food service areas, unless a qualifying board resolution says compliance is not 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38086. (a) Except as provided in subdivision (b), by July 1, 2011, a school district shall provide access to free, fresh drinking water during meal times in the food service areas of the schools under its jurisdiction, including, but not necessarily limited to, areas where reimbursable meals under the National School Lunch Program or the federal School Breakfast Program are served or consumed. A school district may comply with this section by, among other means, providing cups and containers of water or soliciting or receiving donated bottled water. (b) The governing board of a school district may adopt a resolution stating that it is unable to comply with the requirements of this section and demonstrating the reasons why it is unable to comply due to fiscal constraints or health and safety concerns. The resolution shall be publicly noticed on at least two consecutive meeting agendas, first as an information item and second as an action item, and approved by at least a majority of the governing board. (Added by Stats. 2010, Ch. 558, Sec. 1. (SB 1413) Effective January 1, 2011.)
  165. 38086.1.

    ## 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    The department may receive state and federal funds, and school districts may use those funds for water quality projects subject to applicable funding rules. The department must consult specified agencies to identify funding sources and post the collected information online.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Establishment and Use [38080 - 38086.1] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38086.1. (a) The department may receive funds transferred from any available state and federal source, to be allocated by the department to school districts for the purpose of complying with the requirements of Section 38086. (b) Subject to all laws, guidelines, policies, and criteria applicable to the funds, school districts may use funds received pursuant to subdivision (a) for water quality projects, including, but not limited to, water treatment, water facilities restructuring, water filling stations, and maintenance of water facilities. (c) The department shall do both of the following: (1) Consult with the State Department of Public Health, the Department of Water Resources, and the State Water Resources Control Board to identify available sources of funding, including, but not limited to, funding from Proposition 1, approved by the voters at the November 4, 2014, statewide general election, funds for safe drinking water programs administered by the department, the State Department of Public Health, the Department of Water Resources, and the State Water Resources Control Board, other state funding, and federal funding available to fund school water quality and infrastructure. (2) Post the information collected pursuant to paragraph (1) on the department’s Internet Web site. (d) Nothing in this section or Section 38086 affects criteria established by the State Water Resources Control Board for funds and funding programs administered by the State Water Resources Control Board. (Added by Stats. 2015, Ch. 664, Sec. 2. (AB 496) Effective January 1, 2016.)
  166. 38090.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    Money received from selling food or cafeteria services may be paid into the county treasury for the school district’s cafeteria 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38090. Money received for the sale of food or for any services performed by the cafeterias may be paid into the county treasury to the credit of the “cafeteria fund” of the particular school district. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  167. 38091.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    The cafeteria fund may be used only for authorized cafeteria-related expenditures, and governing boards may also spend it on certain extra equipment and vehicles for cafeteria operations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38091. (a) The cafeteria fund shall be used only for those expenditures authorized by the governing board of a school district as necessary for the operation of school cafeterias, including, but not limited to, expenditures for the lease or purchase of additional cafeteria equipment for the kitchen or central food processing plant, vending machines and their installation and housing, and computer equipment and related software. (b) The governing board of any school district, or of two or more school districts governed by governing boards of identical personnel, may also make expenditures from the cafeteria fund for the purchase and installation of additional preparation, cooking, or service equipment for a kitchen or central food processing plant, including necessary alterations incidental to the installation of the equipment, and for the lease or purchase of vehicles used solely in connection with the kitchen or central food processing plant. (Amended by Stats. 2013, Ch. 706, Sec. 6. (AB 626) Effective January 1, 2014.)
  168. 38093.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    A school district governing board may open cafeteria account(s) in one or more banks, and food-sale receipts from the cafeteria must be deposited into the account.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38093. The governing board of any school district may establish an account for each cafeteria established in a school of the district, or for all cafeterias established in the schools of the district, in one or more banks. The account shall be known as “The Cafeteria Account of (insert name of district) District.” If the account is established for one of several cafeterias, it shall be known as “The Cafeteria Account of the (insert name of school) School of (insert name of district) District.” All receipts of the cafeteria, or cafeterias, as the case may be, derived from the sale of food shall be deposited in the account and shall be expended only for the maintenance of the cafeteria, or cafeterias, exclusive of items made a charge against the funds of the school district by this chapter, and items made a charge against the funds of the school district by resolution of the governing board under authority of this chapter. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  169. 38094.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    The district governing board must designate one or more district employees to control the cafeteria account or accounts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38094. The governing board of the district shall designate an employee or employees of the district to have custody of the account or accounts, who shall be responsible for the payment into the account or accounts of all moneys required to be paid into the account or accounts, and for all expenditures therefrom, subject to any regulations that the governing board prescribes. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  170. 38095.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    The county treasurer must deposit cafeteria fund money into the account or accounts ordered by the district’s governing board and notify specified school finance officials. If the money goes into more than one account, the governing board must set the amount for each account.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38095. Upon the order of the governing board of any district having a cafeteria fund in the county treasury and establishing an account, or accounts, the county treasurer shall deposit the money in the fund to the account, or accounts, and shall notify the county auditor and county or city and county superintendent of schools of his action. If the money is to be deposited in more than one account, the governing board of the district shall designate the amount to be placed in each account. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  171. 38100.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 3. Cafeterias, Allocation of Charges [38100 - 38103] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    School district governing boards may charge certain cafeteria-related costs to cafeteria funds, but reimbursement for vending machines is allowed only if specific conditions are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 3. Cafeterias, Allocation of Charges [38100 - 38103] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38100. (a) The cost of providing adequate housing for cafeterias, including, but not limited to, permanent kitchen facilities, is a charge against the funds of the school district. The cost of the lease or purchase of cafeteria equipment and of vending machines and their installation and housing shall be a charge against cafeteria funds, in accordance with Section 38091. However, when the governing board of a school district deems it necessary, the governing board of a school district may make the cost of the lease or purchase of cafeteria equipment for a kitchen or central food processing plant, and vending machines and their installation and housing, a charge against the funds of the school district. If school district funds are expended for the lease or purchase of kitchen equipment or for the lease, purchase, installation, or housing of vending machines, the governing board of the school district may at any time during the same fiscal year after the expenditure reimburse school district funds from cafeteria funds. The governing board of a school district shall only approve reimbursement for vending machines if one, or both, of the following apply: (1) The vending machines are owned and operated by the school food services department, sell meals that qualify for federal meal program reimbursement, and are equipped with appropriate point of service meal counting software. (2) The vending machines sell only food, or only beverages, or both that comply with state and federal competitive food laws and regulations. (b) The governing board of a school district may by resolution make the cost of maintenance of the kitchen facilities, the cost of replacement or maintenance of kitchen equipment, and costs of telephone charges, water, drinking water in the cafeteria, electricity, gas, coal, wood, fuel, oil, and garbage disposal related to food service and delivery a charge against cafeteria funds, provided that the school district complies with all applicable state and federal laws and regulations. (c) For purposes of this section, “cafeteria fund” means the nonprofit school food service account, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations. (Amended by Stats. 2018, Ch. 593, Sec. 1. (AB 3043) Effective January 1, 2019.)
  172. 38101.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 3. Cafeterias, Allocation of Charges [38100 - 38103] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    The section lets a school district’s governing board approve certain cafeteria-fund spending, but it also limits charges, requires records for charges and transfers, and gives the Superintendent enforcement and waiver powers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 3. Cafeterias, Allocation of Charges [38100 - 38103] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38101. (a) (1) The governing board of a school district may authorize expenditures from the cafeteria fund or cafeteria account for those charges from that fund or account that are defined in the California School Accounting Manual, and as specified in paragraphs (2) and (3). (2) The governing board of a school district may authorize expenditures from the cafeteria fund or cafeteria account to provide meals pursuant to Section 49550.5. (3) (A) Upon prior approval by the department, the cost of purchasing a mobile food facility, as defined in Section 113831 of the Health and Safety Code, may be a charge against the cafeteria fund. (B) A local educational agency that uses federal reimbursements from any of the federal child nutrition programs to purchase a mobile food facility shall use the mobile food facility only to support the administration of those federal child nutrition programs. A mobile food facility used for any purposes other than to support the administration of federal child nutrition programs shall be purchased entirely from funding sources other than the cafeteria fund. (b) A food service program shall not be charged more than once for expenditures for the same service. If a food service program is being charged for a service as a direct cost, the school district shall not also allocate that cost as a direct support cost or indirect cost. (c) For purposes of this section, an “indirect cost” shall be limited to the lesser of the school district’s prior year indirect cost rate as approved by the department or the statewide average approved indirect cost for the second prior fiscal year. (d) Charges to, or transfers from, a food service program shall indicate when the charge or transfer was made and shall be accompanied by a written explanation of the purpose of, and basis for, the expenditure. (e) This section does not authorize a school district to charge a food service program any charges prohibited by state or federal law or regulation. (f) If the department and the Department of Finance concur that a school district has violated this section, the Superintendent shall direct that school district to transfer double the amount improperly transferred to the general fund of the school district from that fund to the cafeteria fund of the school district or cafeteria account for the subsequent fiscal year which is then to be used for the improvement of the food service program of the school district. If the school district fails to make that transfer as directed, the Superintendent shall reduce the regular apportionment of the school district determined pursuant to Section 42238 and increase the child nutrition allowance of the school district determined pursuant to Section 41350 by double the amount improperly transferred to the general fund of the school district and that amount is then to be used for improvement of the food service program. (g) It is the intent of the Legislature in enacting this section that responsible school district officials be held fully accountable for the accounting and reporting of food service programs and that minor and inadvertent instances of noncompliance be resolved in a fair and equitable manner to the satisfaction of the Superintendent and the Department of Finance. (h) The Superintendent, with the approval of the Department of Finance, may waive up to the full transfer amount in subdivision (f) if he or she determines that the noncompliance involved is minor or inadvertent, or both. (i) For purposes of this section, “cafeteria fund” means the nonprofit school food service account, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations. (Amended by Stats. 2018, Ch. 593, Sec. 2. (AB 3043) Effective January 1, 2019.)
  173. 38103.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 3. Cafeterias, Allocation of Charges [38100 - 38103] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 5. )

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    A school district governing board must employ food service workers as classified employees, with a limited volunteer exception for senior-citizen meal programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 3. Cafeterias [38080 - 38103] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 3. Cafeterias, Allocation of Charges [38100 - 38103] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38103. The governing board of a school district shall employ persons for food service positions as part of the classified service, except that school districts may utilize the services of volunteers for programs that provide meals for senior citizens as authorized pursuant to Chapter 6 (commencing with Section 9500) of Division 8.5 of the Welfare and Institutions Code. Wages, salaries, and benefits, including employer retirement contributions for food service personnel, shall be paid from the general fund of the school district or from the cafeteria fund, at the discretion of the governing board and upon approval of the county superintendent of schools who has responsibility for a countywide payroll/retirement system under Sections 42646 and 85260. Expenses of the general fund under this section for the costs of wages, salaries, and benefits, including employer retirement contributions and other purposes classed as food service, shall be excluded from the definition of “current expense of education” as defined in Section 41372. The governing board may, at any time, order reimbursement from the cafeteria fund or account to the general fund of the district for payments under this section in such amounts as it prescribes but not to exceed food service employee salary, wage and benefit costs actually incurred. Any reimbursements in excess of the amount actually required shall be refunded to the cafeteria fund or account not later than the close of the current fiscal year. The reimbursements from the cafeteria fund or account shall be considered expenses of the cafeteria fund or account, as the case may be, and only those payments made from the general fund that are not reimbursed from the cafeteria fund or account shall be considered expenses of the general fund. Accounting for those transactions shall be as prescribed in Section 41010. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  174. 38110.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

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    The county board of education must set annual purchasing rules for standard school supplies and equipment, and the county superintendent must follow bid and purchase procedures when buying 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38110. The county board of education shall on or before the first day of February of each year establish rules and regulations under which any school district in the county shall, except as provided in Section 40002, purchase standard school supplies and equipment through the county superintendent of schools, or when so directed by him or her, through a county purchasing agent. When the county superintendent of schools purchases standard school supplies without directing their purchase through the county purchasing agent or other county, city, or school district agent or agency, he or she shall make such purchase from the lowest responsible bidder who shall give such security as the county superintendent of schools requires, or else reject all bids. For the purpose of securing bids, the county superintendent of schools shall publish at least once a week for two weeks in a newspaper of general circulation published in the county, a notice calling for bids stating where the list and specifications of standard school supplies and equipment to be furnished may be obtained and the time when, and the place where bids will be opened. The county board of education shall list as standard school supplies and equipment such supplies and equipment as can be advantageously purchased in quantity. The list of standard school supplies shall be accompanied by a table of specifications giving the minimum grade, quality, substance, or other standard required for the purchase of each item listed. The cost of advertising for bids and the cost of preparation of a table of specifications shall be paid from the county general fund. The provisions of this section shall not apply to counties of the first or second class containing no more than three districts with an average daily attendance of less than 2,500. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  175. 38111.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

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    School district governing boards must buy required school furniture and related articles, may buy certain uniforms and equipment, and elementary school district boards may buy only county-adopted items in this context.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38111. The governing board of each school district shall, except as otherwise provided in this code, purchase school furniture, including musical instruments, and apparatus, and such other articles as are necessary for the use of schools, and may, in its discretion, purchase uniforms and other regalia for the use of school bands, orchestras and choirs, and including uniforms and equipment necessary for the use of athletic teams. The provisions of Article 1 of Chapter 4 of Division 5 of Title 1 of the Government Code shall not apply to the purchase of musical instruments made pursuant to this section. Any such articles purchased shall always remain the property of the school district purchasing them. Only such books, apparatus, uniforms, and equipment shall be purchased by the governing board of an elementary school district, if the board is not a city board of education, as have been adopted by the county board of education having jurisdiction over the district. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  176. 38112.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    School district governing boards may buy necessary supplies and equipment, and small elementary districts face extra limits when buying directly from a vendor.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38112. (a) Except as provided in subdivision (b), the governing board of any school district may purchase any necessary school supplies and equipment, including standard school supplies and equipment listed by the county board of education, in the manner provided in this chapter, or the governing board of any school district may purchase such supplies and equipment directly from the vendor. Such direct purchase may be as a single district or two or more districts acting as a cooperative. (b) An elementary school district having an average daily attendance of less than 2,500 during the preceding fiscal year may purchase standard school supplies and equipment directly from a vendor only by means of a purchasing cooperative representing a total average daily attendance in excess of 2,500 and then only if the county superintendent of schools has on file a document certifying the school district’s membership in such a cooperative. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  177. 38113.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    Each district clerk must provide all school supplies authorized by the chapter, under the board of trustees’ direction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38113. The clerk of each district shall, under the direction of the board of trustees, provide all school supplies authorized by this chapter. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  178. 38114.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    A school district may pay the cost of maintaining schoolbuses from district funds, but not from bond-sale proceeds or money legally reserved for teachers’ salaries.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38114. The cost of maintaining schoolbuses may be paid out of any funds of the district except funds derived from the sale of bonds and funds required by law to be set aside for teachers’ salaries. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  179. 38115.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    A county superintendent of schools may transfer money to the school supply revolving fund, up to 10% of the district’s State School Fund amount, when the district elects to buy equipment and supplies under Section 38110.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38115. The superintendent of schools of each county may transfer at the beginning of any school year from the funds of the school districts of the county which elect to purchase equipment and supplies in accordance with Section 38110, to the school supply revolving fund, which fund is continued in existence, a sum not to exceed 10 percent of the amount to be received during the school year by each district from the State School Fund. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  180. 38116.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    If no school supply revolving fund exists in a county, payments for school supplies and equipment bought through the county superintendent or county purchasing agent must be ordered by the governing board of the purchasing 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38116. If in any county a school supply revolving fund is not established, payment for school supplies and equipment purchased through the county superintendent of schools or through the county purchasing agent shall be made by order of the governing board of the school district purchasing them, in the same manner as other payments are made from school district funds. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  181. 38117.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    School district governing boards must provide and display U.S. flags at schoolhouses and schoolrooms, and enforce 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38117. The governing board of each school district throughout the state shall provide for each schoolhouse under its control, a suitable Flag of the United States, which shall be hoisted above each schoolhouse during all school sessions and on school holidays, weather permitting. The governing board of each school district shall provide smaller and suitable United States Flags to be displayed in each schoolroom at all times during the school sessions. The governing board of each school district shall enforce this section. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  182. 38118.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    School districts must provide basic school supplies under the direction of their governing 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38118. Writing and drawing paper, pens, inks, blackboards, blackboard erasers, crayons, lead pencils, and other necessary supplies for the use of the schools, shall be furnished under direction of the governing boards of the school districts. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  183. 38119.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    A school district governing board may rent or lease personal property for district purposes, including caps and gowns for graduating seniors.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38119. The governing board of a school district may rent or lease personal property needed for district purposes, including the renting or leasing of caps and gowns for seniors who participate in high school graduation ceremonies. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  184. 38120.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    A school district governing board may lend band-related items to current or recent band members for foreign-country excursions, even if the trip is not board-sanctioned.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 1. Apparatus and Supplies [38110 - 38120] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38120. The governing board of any school district may lend school band instruments, music, uniforms, and other regalia to persons who are or have been, during the prior school year, members of the school band for use by them on excursions to foreign countries whether or not such an excursion is sanctioned by the governing board. The governing board may require the borrower to make a deposit or take other measures to insure that the items borrowed will be returned in usable condition. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  185. 38130.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    This article is called the Civic Center Act and may be cited by that name.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38130. This article shall be known and may be cited as the Civic Center Act. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  186. 38131.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    School district boards may let school facilities or grounds be used as civic centers for listed community purposes, and specified groups may use them for supervised recreation and meetings/discussions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38131. (a) There is a civic center at each and every public school facility and grounds within the state where the citizens, parent teacher associations, Camp Fire girls, Boy Scout troops, veterans’ organizations, farmers’ organizations, school-community advisory councils, senior citizens’ organizations, clubs, and associations formed for recreational, educational, political, economic, artistic, or moral activities of the public school districts may engage in supervised recreational activities, and where they may meet and discuss, from time to time, as they may desire, any subjects and questions that in their judgment pertain to the educational, political, economic, artistic, and moral interests of the citizens of the communities in which they reside. For purposes of this section, “veterans’ organizations” are those groups included within the definition of that term as specified in subdivision (a) of Section 1800 of the Military and Veterans Code. (b) The governing board of any school district may grant the use of school facilities or grounds as a civic center upon the terms and conditions the board deems proper, subject to the limitations, requirements, and restrictions set forth in this article, for any of the following purposes: (1) Public, literary, scientific, recreational, educational, or public agency meetings. (2) The discussion of matters of general or public interest. (3) The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization that has no suitable meeting place for the conduct of the services, provided the governing board charges the church or religious organization using the school facilities or grounds a fee as specified in subdivision (d) of Section 38134. (4) Child care or day care programs to provide supervision and activities for children of preschool and elementary schoolage. (5) The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies. (6) Supervised recreational activities including, but not limited to, sports league activities for youths that are arranged for and supervised by entities, including religious organizations or churches, and in which youths may participate regardless of religious belief or denomination. (7) A community youth center. (8) A ceremony, patriotic celebration, or related educational assembly conducted by a veterans’ organization. (9) Other purposes deemed appropriate by the governing board. (Amended by Stats. 2006, Ch. 205, Sec. 2. Effective January 1, 2007.)
  187. 38133.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    The school district governing board controls school facilities under this article and must adopt rules and regulations covering assistance for authorized activities, preservation and protection of school property, and avoiding interference with school use or schoolwork.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38133. The management, direction, and control of school facilities under this article are vested in the governing board of the school district which shall promulgate all rules and regulations necessary to provide, at a minimum, for the following: (a) Aid, assistance, and encouragement to any of the activities authorized in Sections 38131 and 38132. (b) Preservation of order in school facilities and on school grounds, and protection of school facilities and school grounds, including, if the governing board deems necessary, appointment of a person who shall have charge of the school facilities and grounds for purposes of their preservation and protection. (c) That the use of school facilities or grounds is not inconsistent with the use of the school facilities or grounds for school purposes or interferes with the regular conduct of schoolwork. (Amended by Stats. 2002, Ch. 1168, Sec. 9. Effective September 30, 2002.)
  188. 38134.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    School district boards must allow use of school facilities or grounds for specified nonprofit and youth-focused groups, and may charge limited fees tied to direct costs in some cases.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38134. (a) (1) The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following: (A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA. (B) A parent-teacher association. (C) A school-community advisory council. (D) A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, “nominal fee” means an average of no more than sixty dollars ($60) per month. (2) This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district. (b) Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs. (c) The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131. (d) The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school district’s direct costs. (e) In the case of entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds. (f) If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied. (g) As used in this section: (1) “Direct costs” to the school district for the use of school facilities or grounds includes all of the following: (A) The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entity’s use of the school facilities or grounds under this section. (B) The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows: (i) For purposes of this subparagraph, “school facilities” shall be limited to only nonclassroom space, and “school grounds” shall include, but not necessarily be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts. (ii) The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to: (I) Classroom-based programs that operate after school hours, including, but not necessarily limited to, after school programs, tutoring programs, or child care programs. (II) Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours. (iii) Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section. (2) “Fair rental value” means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized. (h) (1) A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks. (2) Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for an injury caused by a dangerous condition of public property. (Amended by Stats. 2025, Ch. 156, Sec. 1. (AB 503) Effective October 1, 2025.)
  189. 38135.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    School property may not be used for acts intended to further efforts to overthrow the U.S. or state government by force, violence, or other unlawful means.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38135. Any use, by any individual, society, group, or organization for the commission of any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government of the United States or of the state by force, violence, or other unlawful means shall not be permitted or suffered. Any individual, society, group, or organization which commits any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government by force, violence, or other unlawful means while using school property pursuant to the provisions of this chapter is guilty of a misdemeanor. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  190. 38136.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

    Verify source ↗

    School districts may not approve use of school property if it would violate Section 38135, and applicants must provide written information and authorization when required.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38136. No governing board of a school district shall grant the use of any school property to any person or organization for any use in violation of Section 38135. For the purpose of determining whether or not any individual, society, group, or organization applying for the use of the school property intends to violate Section 38135, the governing board shall require the making and delivery to the governing board, by the applicant of a written statement of information in the following form: ## STATEMENT OF INFORMATION The undersigned states that, to the best of his or her knowledge, the school property for use of which application is hereby made will not be used for the commission of any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government of the United States by force, violence or other unlawful means; That ____, the organization on whose behalf he or she is making application for use of school property, does not, to the best of his or her knowledge, advocate the overthrow of the government of the United States or of the State of California by force, violence, or other unlawful means, and that, to the best of his or her knowledge, it is not a Communist action organization or Communist front organization required by law to be registered with the Attorney General of the United States. This statement is made under the penalties of perjury. _____ (Signature) _____ The school board may require the furnishing of additional information as it deems necessary to make the determination that the use of school property for which application is made would not violate Section 38135. Any person applying for the use of school property on behalf of any society, group, or organization shall be a member of the applicant group and, unless he or she is an officer of the group, must present written authorization from the applicant group to make the application. The governing board of any school district may, in its discretion, consider any statement of information or written authorization made pursuant to the requirements of this section as being continuing in effect for the purposes of this section for the period of one year from the date of the statement of information or written authorization. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  191. 38137.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

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    Statements required by Section 38136 do not need to be sworn, but they must include a written declaration that they are made under penalty of perjury.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38137. Written statements of information as required by Section 38136 need not be under oath, but shall contain a written declaration that they are made under the penalty of perjury, and any person so signing the statements who willfully states therein as true any material matter which he or she knows to be false, is subject to the penalties prescribed for perjury in the Penal Code. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  192. 38138.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

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    A school district board may allow a qualifying donor organization to use a donated school athletic and youth center facility for supervised recreational activities, subject to school-use limits and anti-discrimination termination 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 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38138. Notwithstanding the provisions of this article or any other provisions of law, when a nonpartisan charitable organization organized under the laws of this state has constructed or will construct, subject to the provisions of Article 3 (commencing with Section 39140) of Chapter 2 of this part, a school athletic and youth center facility at no cost to a school district, upon a school-district-owned site to be owned by and for the benefit of the school occupying the site, the governing board of the school district, in accepting the donation and prescribing the conditions and restrictions with respect thereto, may permit the general use of the facility under the provisions of this article for specified supervised recreational activities which are sponsored by or conducted by the donor organization, and may also permit the donor organization to use the facility for this purpose at times when the facility is not being used by the school district for the educational program and related school activities of the designated beneficiary school, unless the use and occupancy of the facility by the donor organization would otherwise interfere with the regular conduct of the school. Any use granted to the donor organization shall, however, immediately and forever terminate if the donor organization denies the use of the facility to any person because of their race, religion, creed, national origin, ancestry, or sex. This section shall apply only to elementary school districts in San Diego County which had an average daily attendance of 425 or less during the 1970–71 school year, and which, during the 1970–71 school year, had a modified assessed valuation per pupil in average daily attendance of between forty-five thousand dollars ($45,000) and fifty thousand dollars ($50,000). (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.)
  193. 38139.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. )

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    Public primary and secondary schools must post missing-children information from the Department of Justice in an appropriate area; primary schools must use an area restricted to adults.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] ( Part 23 repealed (by Sec. 6) and added by Stats. 1996, Ch. 277, Sec. 5. ) ## CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 5. ) ## ARTICLE 2. Use of School Property [38130 - 38139] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 5. ) ## 38139. (a) Public primary schools shall post at an appropriate area restricted to adults information regarding missing children provided by the Department of Justice pursuant to Section 14210 of the Penal Code. (b) Public secondary schools shall post at an appropriate area information regarding missing children provided by the Department of Justice pursuant to Section 14210 of the Penal Code. (Amended by Stats. 2014, Ch. 437, Sec. 1. (SB 1066) Effective January 1, 2015.)
  194. 39800.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    School district governing boards may arrange pupil transportation and related vehicle or contract services; they may also allow preschool or nursery school transportation, but a district may not receive state reimbursement for transporting preschool or nursery school pupils.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39800. (a) The governing board of any school district may provide for the transportation of pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist therefor. The governing board may purchase or rent and provide for the upkeep, care, and operation of vehicles, or may contract and pay for the transportation of pupils to and from school by common carrier or municipally owned transit system, or may contract with and pay responsible private parties for the transportation. These contracts may be made with the parent or guardian of the pupil being transported. A governing board may allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the district. A state reimbursement may not be received by a district for the transportation of preschool or nursery school pupils. (b) As used in this article, “municipally owned transit system” means a transit system owned by a city, or by a district created under Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  195. 39800.1.

    ## 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 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    A local educational agency must make and adopt a transportation services plan, with required content, consultation, and public adoption procedures, if it wants apportionments under Section 41850.1.

    ## 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 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39800.1. (a) As a condition of receiving apportionments under Section 41850.1, a local educational agency shall develop a plan describing the transportation services it will offer to its pupils, and how it will prioritize planned transportation services for pupils in transitional kindergarten, kindergarten, and any of grades 1 to 6, inclusive, and pupils who are low income. The plan shall be adopted by the local educational agency’s governing board on or before April 1, 2023, and updated by April 1 each year thereafter. The plan shall include the following components: (1) A description of the local educational agency’s transportation services that would be accessible to pupils with disabilities and homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). (2) A description of how unduplicated pupils, as defined in subdivision (b) of Section 42238.02, would be able to access available home-to-school transportation at no cost to the pupils. (b) (1) The plan shall be developed in consultation with classified staff, teachers, school administrators, regional local transit authorities, local air pollution control districts and air quality management districts, parents, pupils, and other stakeholders. (2) The plan shall be presented and adopted by the governing board of the local educational agency in an open meeting with the opportunity for in-person and remote public comment. (c) The plan may provide for the local educational agency to partner with a municipally owned transit system to provide service pursuant to this section to middle school and high school pupils. (d) Nothing in a local educational agency’s plan shall preclude a local educational agency from providing no-cost transit passes to pupils. (e) For purposes of this section, “local educational agency” means a school district, excluding a school district with a districtwide charter petition approved pursuant to Section 47606, or a county office of education. (Amended by Stats. 2023, Ch. 48, Sec. 19. (SB 114) Effective July 10, 2023.)
  196. 39800.5.

    ## 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 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    School districts and qualifying private schools may not let a 15-passenger van carry passengers unless the driver has both a valid Class B license and the required passenger-transportation endorsement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39800.5. (a) Any school district and any owner or operator of a private school that provides transportation for pupils that owns, leases, or otherwise has possession or control of a 15-passenger van, may not, on or after January 1, 2005, authorize the operation of that van for the purpose of transporting passengers unless the person driving or otherwise operating that van has both of the following: (1) A valid class B driver’s license, as provided in Division 6 (commencing with Section 12500) of the Vehicle Code, issued by the Department of Motor Vehicles. (2) An endorsement for operating a passenger transportation vehicle, as provided in Article 6 (commencing with Section 15275) of Chapter 7 of Division 6 of the Vehicle Code, issued by the Department of Motor Vehicles. (b) (1) Except as provided in paragraph (2), for purposes of this section, a “15-passenger van” means any van manufactured to accommodate 15 passengers, including the driver, regardless of whether that van has been altered to accommodate fewer than 15 passengers. (2) For purposes of this section, a “15-passenger van” does not mean a 15-passenger van with dual rear wheels that has a gross weight rating equal to, or greater than, 11,500 pounds. (Added by Stats. 2003, Ch. 559, Sec. 2. Effective January 1, 2004.)
  197. 39801.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    A school district governing board may contract with the county superintendent of schools to provide transportation services, and the superintendent then has the article’s governing-board powers and duties while acting under that contract.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39801. The governing board of any school district may contract with the county superintendent of schools to provide necessary transportation services. The county superintendent of schools, acting pursuant to the contract, shall have all the powers and duties granted to governing boards by this article. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  198. 39801.5.

    ## 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 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    A school district board may arrange or provide transportation for adults for educational purposes other than travel to and from school, and may charge adults some or all of the related costs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39801.5. (a) The governing board of any school district may contract for the transportation of matriculated or enrolled adults, or provide transportation to adults in district-owned equipment for educational purposes other than to and from school. (b) Any district that contracts to provide or provides transportation to adults pursuant to this section may charge adults all or part of the costs of contracting for or providing transportation services. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  199. 39802.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    When transportation service spending is over $10,000 and the contract may be with someone other than certain carriers or a pupil’s parent or guardian, the governing board must secure bids. The board may still award the contract to other than the lowest bidder.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39802. In order to procure the service at the lowest possible figure consistent with proper and satisfactory service, the governing board shall, whenever an expenditure of more than ten thousand dollars ($10,000) is involved, secure bids pursuant to Sections 20111 and 20112 of the Public Contract Code whenever it is contemplated that a contract may be made with a person or corporation other than a common carrier or a municipally owned transit system or a parent or guardian of the pupils to be transported. The governing board may let the contract for the service to other than the lowest bidder. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  200. 39803.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    School transportation contracts have maximum terms: generally five years, with a possible ten-year term for certain schoolbus lease or rental contracts. Renewals are joint options, and annual renegotiation is allowed when economic conditions make it necessary and both parties approve.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39803. (a) If a continuing contract for the furnishing of transportation of pupils in school districts to and from school is made it shall be made for a term not to exceed five years. A contract is renewable at the option of the school district and the party contracting to provide transportation services, jointly, at the end of the term of the contract. The contract as renewed shall include all of the terms and conditions of the previous contract, including any provisions increasing rates based on increased costs. (b) A continuing contract may be made for the lease or rental of schoolbuses, not to exceed five years, except that if a lease or rental contract provides that the district may exercise an option either to purchase the buses or to cancel the lease at the end of each annual period during the period of the contract, the contract may be made for a term not to exceed 10 years. (c) Notwithstanding any other provisions of law to the contrary, a continuing contract executed under the provisions of this section may be negotiated annually within the contract period when economic factors indicate negotiation is necessary to maintain an equitable pricing structure. Renegotiation is subject to the approval of both contracting parties. (d) Any rental, lease, or lease-purchase of a schoolbus shall comply with all applicable provisions of Article 3 (commencing with Section 17450) of Chapter 4 of Part 10.5. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)

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