PART 21. LOCAL EDUCATIONAL AGENCIES [35000. - 35787.]
Part 21 enacted by Stats. 1976, Ch. 1010.
§§ 35000–35787 · 306 sections
CHAPTER 1. School Districts §§ 35000–35046 · 34 sections
ARTICLE 1. Naming §§ 35000–35001.1 · 3 sections
- § 35000 (a) The first governing board of any new school district shall, at the first meeting of the governing board or as soon as practicable thereafter, name the…
- § 35001 (a) Whenever a petition is presented to the governing board of a school district, signed by at least 15 qualified electors of that school district, asking that…
- § 35001.1 Notwithstanding Section 35001, the Richmond Unified School District is hereby renamed and shall be known as the “West Contra Costa Unified School District.”
ARTICLE 2. General Provisions §§ 35010–35012 · 2 sections
- § 35010 (a) Every school district shall be under the control of a board of school trustees or a board of education. (b) The governing board of each school district…
- § 35012 (a) Except as otherwise provided, the governing board of a school district shall consist of five regular members elected at large by the qualified voters of…
ARTICLE 3. Officers and Agents §§ 35020–35046 · 29 sections
- § 35020 The governing board of each school district shall fix and prescribe the duties to be performed by all persons in public school service in the school district.
- § 35021 (a) Notwithstanding any other law, any person, except a person required to register as a sex offender pursuant to Section 290 of the Penal Code, may be…
- § 35021.1 A school district or county office of education may request that a local law enforcement agency conduct an automated records check of a prospective nonteaching…
- § 35021.2 (a) When a school district or county office of education pursuant to Section 11105.3 of the Penal Code requests from the Department of Justice records…
- § 35021.3 (a) A school district or a county office of education may establish a registry of volunteer after school physical recreation instructors and other before and…
- § 35021.5 (a) The governing board of a school district may establish a school police reserve officer corps to supplement a police department established pursuant to…
- § 35022 Every school district governing board consisting of five or more members shall, at its initial meeting and at each annual meeting, elect a president from among…
- § 35023 The governing board of each school district of every kind or class shall annually at its initial meeting select one of its members as its representative who…
- § 35024 The governing board of any school district may appoint an executive committee. In the case of a governing board which has appointed a clerk, the committee…
- § 35025 The governing board of any school district may employ a person not a member of the board to act as secretary and bookkeeper for the board, and may delegate to…
- § 35026 The governing board of any school district employing eight or more teachers may employ a district superintendent for one or more schools and may delegate to…
- § 35028 A person shall not be eligible to hold a position as city superintendent, district superintendent, deputy superintendent, associate superintendent, or…
- § 35029 A local governing board may waive any credential requirement for the chief administrative officer of the school district under its jurisdiction. Any individual…
- § 35029.1 Notwithstanding Section 35029, a local governing board shall not hire an individual for the position of chief administrative officer of the school district…
- § 35030 No governing board or county superintendent of schools shall affix the title of deputy, associate or assistant superintendent to any position not defined by…
- § 35031 Any district superintendent of schools, or deputy, associate, or assistant superintendent of schools, may be elected for a term of no more than four years. The…
- § 35032 Notwithstanding Section 35031, the governing board of a school district may at any time during any school year increase the salaries of any district…
- § 35033 If a unified school district is formed pursuant to Chapter 2 (commencing with Section 4200) of Part 3, of Division 1 of Title 1 to include all the territory of…
- § 35034 (a) Where the entire area of a county is included within one unified school district or where the entire area of a county is included within one unified school…
- § 35035 The superintendent of each school district shall, in addition to other powers and duties granted to or imposed upon him or her: (a) Be the chief executive…
- § 35036 (a) Notwithstanding subdivision (d) of Section 35035, the superintendent of a school district may not transfer a teacher who requests to be transferred to a…
- § 35038 In any district the governing board of which is required to elect a clerk, the superintendent of schools of the county shall appoint one of the members of the…
- § 35039 If the clerk of the district refuses to perform the duties prescribed in Section 35250 or by the governing board, the board may at a regular meeting dismiss…
- § 35041 Anything in a city, county, or city and county charter to the contrary notwithstanding, the governing board or boards of any school district may appoint an…
- § 35041.3 (a) A governing board of a school district should, but is not required to, make every reasonable effort to appoint a selective service registrar for each high…
- § 35041.5 Anything in a city, county, or city and county charter to the contrary notwithstanding, the governing board or boards of any school district may, in lieu of…
- § 35044 The governing board of each school district shall provide for the payment of the traveling expenses of any representatives of the board when performing…
- § 35045 The governing board of any school district having an average daily attendance of 10,000 or more may appoint a director of school building planning, who shall…
- § 35046 (a) The governing board of a school district may award consultancy contracts to retired certificated employees of the school district or of the county…
CHAPTER 2. Governing Boards §§ 35100–35401 · 137 sections
ARTICLE 1. Membership §§ 35100–35107 · 7 sections
- § 35100 Within 15 days after the action necessary for the formation of any elementary school district or high school district is completed, the county superintendent…
- § 35101 In newly formed unified school districts there shall be no interim governing board, but the county superintendent of schools having jurisdiction over the…
- § 35102 Within 20 days after the appointment or election of the interim or initial governing board of any newly formed district, the county superintendent of schools…
- § 35103 In newly formed districts for which an interim governing board is appointed by the county superintendent of schools, a governing board member election shall be…
- § 35105 Subject to the procedures prescribed by Section 1302.2 of the Elections Code with respect to newly formed unified school districts, the majority of members of…
- § 35106 When a member of the governing board of a school district which is being reorganized and which will cease to exist takes office as a member of the initial or…
- § 35107 (a) Any person, regardless of sex, who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and who is…
ARTICLE 1.5. Common Governing Boards §§ 35110–35113 · 4 sections
- § 35110 When the membership of the governing boards of an elementary school district and a high school district is the same, and if the certificated employees in both…
- § 35111 (a) Except as provided in subdivisions (b) and (c), when a governing board has adopted a resolution specified in Section 35110, the elementary school district…
- § 35112 When a governing board has adopted a resolution pursuant to Section 35110, the school districts under its jurisdiction may transfer funds between the districts…
- § 35113 When a governing board has adopted a resolution pursuant to Section 35110, the length of service of each employee shall be counted from the original date of…
ARTICLE 2. Officers and Agents §§ 35120–35124 · 4 sections
- § 35120 (a) (1) In a school district in which the average daily attendance for the prior school year exceeded 250,000, each regular member of the governing board of…
- § 35120.1 (a) Notwithstanding any other law, and to the extent permitted by federal law, any compensation awarded to a pupil member pursuant to subdivision (f) of…
- § 35121 In any school district organized under the provisions of Section 35502 and which is also a high school district, and which districts are governed by a board of…
- § 35124 The superintendent of schools of a unified school district that is coterminous with the boundaries of a city and county shall have all the powers and duties…
ARTICLE 3. Meetings §§ 35140–35150 · 11 sections
- § 35140 Subject to the provisions of this article the governing board of any school district shall by rule and regulation fix the time and place for its regular…
- § 35141 The governing board of any union or joint union high school district, shall hold its regular meetings either monthly or quarterly. The governing board of any…
- § 35142 Subject to the provisions of Section 35141, the times at which the regular meetings of the governing board of a high school district are to be held shall be…
- § 35143 (a) The governing board of each school district shall hold an annual organizational meeting. In a year in which a regular election for governing board members…
- § 35144 A special meeting of the governing board of a school district may be called at any time by the presiding officer of the board, or by a majority of the members…
- § 35145 All meetings of the governing board of any school district shall be open to the public and shall be conducted in accordance with Chapter 9 (commencing with…
- § 35145.5 It is the intent of the Legislature that members of the public be able to place matters directly related to school district business on the agenda of school…
- § 35146 Notwithstanding the provisions of Section 35145 of this code and Section 54950 of the Government Code, the governing body of a school district shall, unless a…
- § 35147 (a) Except as specified in this section, any meeting of the councils or committees specified in subdivision (b) is exempt from the provisions of this article,…
- § 35149 The first meeting of any newly elected or appointed school district governing board, and any annual meeting required by law to be held by such board for…
- § 35150 (a) (1) The governing board of a school district shall not take action to terminate a superintendent or assistant superintendent of the school district, or…
ARTICLE 4. Powers and Duties §§ 35160–35178.4 · 19 sections
- § 35160 On and after January 1, 1976, the governing board of any school district may initiate and carry on any program, activity, or may otherwise act in any manner…
- § 35160.1 (a) The Legislature finds and declares that school districts, county boards of education, and county superintendents of schools have diverse needs unique to…
- § 35160.2 For the purposes of Section 35160, “school district” shall include county superintendents of schools and county boards of education. This section shall be…
- § 35160.5 (a) The governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, as a condition for the receipt of…
- § 35161 The governing board of any school district may execute any powers delegated by law to it or to the district of which it is the governing board, and shall…
- § 35162 In the name by which the district is designated the governing board may sue and be sued, and hold and convey property for the use and benefit of the school…
- § 35163 Every official action taken by the governing board of every school district shall be affirmed by a formal vote of the members of the board, and the governing…
- § 35164 The governing board shall act by majority vote of all of the membership constituting the governing board.
- § 35165 Notwithstanding any other provision of law, if a school district governing board consists of seven (7) members and not more than two vacancies occur on the…
- § 35166 The governing board of each unified school district shall have the same powers and duties as are by law granted to the governing boards of the elementary…
- § 35167 Except where otherwise provided, all of the provisions of this code applicable to the government, maintenance, support, functions, and administration of…
- § 35168 (a) (1) The governing board of a school district, shall establish and maintain a historical inventory, an audit trace inventory system, or any other inventory…
- § 35170 The governing board of any school district may secure copyrights, in the name of the district, to all copyrightable works developed by the school district, and…
- § 35171 The governing board of any school district shall adopt and cause to be printed and made available to each certificated employee of the district reasonable…
- § 35172 The governing board of any school district may: (a) Conduct studies through research and investigation as are determined by it to be required in connection…
- § 35175 The powers and duties of boards of education in cities are as prescribed in the laws governing the respective cities, except as otherwise provided by this code.
- § 35177 The governing board of a district may by resolution limit campaign expenditures or contributions in elections to district offices.
- § 35178 A member of the governing board of a school district who has tendered a resignation with a deferred effective date pursuant to Section 5090 shall, until the…
- § 35178.4 (a) A school district governing board shall give official notice at a regularly scheduled school board meeting if a public school within the district that has…
ARTICLE 4.5. Interscholastic Athletics §§ 35179–35179.8 · 9 sections
- § 35179 (a) Each school district governing board shall have general control of, and be responsible for, all aspects of the interscholastic athletic policies, programs,…
- § 35179.1 (a) This section shall be known, and may be cited, as the 1998 California High School Coaching Education and Training Program. (b) The Legislature finds and…
- § 35179.2 (a) Subject to funds being appropriated for this purpose in the annual Budget Act, the California Interscholastic Federation is encouraged to establish a…
- § 35179.3 If the California Interscholastic Federation establishes a statewide panel pursuant to Section 35179.2, the State Department of Education shall do all of the…
- § 35179.4 If a school district or charter school elects to offer any interscholastic athletic program, the governing board of the school district or the governing body…
- § 35179.5 (a) (1) If a school district, charter school, or private school elects to offer an athletic program, it shall comply with all of the following: (A) A high…
- § 35179.6 (a) For purposes of this section, “AED” means an automated external defibrillator. (b) (1) Commencing July 1, 2019, if a school district or charter school…
- § 35179.7 The State Board of Education shall adopt rules and regulations establishing standards of ethical conduct applicable to each temporary, probationary, or…
- § 35179.8 (a) In order to better protect student athletes participating in athletics, no later than July 1, 2024, the California Interscholastic Federation, in…
ARTICLE 4.7. Miscellaneous Administrative Authority §§ 35181–35186 · 10 sections
- § 35181 The governing board of each school district may convene hearings, make findings, and adopt and issue policy statements setting forth the responsibilities of…
- § 35182 The governing board of any school district may market or license any noneducational mainframe electronic data-processing software developed by the school…
- § 35182.5 (a) The Legislature finds and declares all of the following: (1) State and federal laws require all schools participating in meal programs to provide…
- § 35183 (a) The Legislature finds and declares each of the following: (1) The children of this state have the right to an effective public school education. Both…
- § 35183.1 (a) A pupil may wear traditional tribal regalia or recognized objects of religious or cultural significance, as determined by the pupil and the pupil’s family,…
- § 35183.3 Notwithstanding any other provision of law, a person shall have the right to wear a dress uniform issued to him or her by a branch of the United States Armed…
- § 35183.5 (a) (1) Each schoolsite shall allow for outdoor use during the schoolday, articles of sun-protective clothing, including, but not limited to, hats. (2) Each…
- § 35184 (a) Notwithstanding any other provision of law, the governing board of a high school district may enter into a contract with the governing board of any of its…
- § 35185 A school district may require proof of registration pursuant to Article 8.2 (commencing with Section 12620) of Chapter 6 of Division 3 of Title 2 of the…
- § 35186 (a) A school district shall use the uniform complaint process it has adopted as required by Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5…
ARTICLE 5. Instructions From Electors §§ 35190–35192 · 3 sections
- § 35190 The governing board of a school district, except a district having a city board of education, may, and upon a petition signed by a majority of the electors…
- § 35191 The meeting provided for in Section 35190 shall be called by posting three notices in public places, one of which shall be in a conspicuous place on the…
- § 35192 Any district meeting called pursuant to Sections 35190 and 35191 shall be organized by choosing a chairman from the electors present. The district clerk or…
ARTICLE 6. Liabilities §§ 35200–35214 · 9 sections
- § 35200 The governing board of any school district is liable as such in the name of the district for all debts and contracts, including the salary due any teacher, not…
- § 35202 All claims for money or damages against a school district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of…
- § 35204 The governing board of any school district, may contract for the services of an attorney in private practice, as an employee or independent contractor, or…
- § 35205 The governing board of any school district may contract with a qualified attorney in private practice to provide legal services and compensation of this…
- § 35207 The governing board of any school district, may contract for the services of a hearing officer pursuant to the provisions of Chapter 14 (commencing with…
- § 35208 (a) The governing board of any school district shall insure against: (1) The liability, other than a liability which may be insured against under the…
- § 35211 The governing board of any school district maintaining a course of automobile driver training shall advise the parents or guardians or persons having custody…
- § 35213 The governing body of a school district may provide by rule or regulation for the reimbursement of any person or persons for the loss, destruction, or damage…
- § 35214 The board of governors of a school district may provide protection from its own funds for the purpose of covering the liability of the district, its officers,…
ARTICLE 6.5. Training §§ 35220–35223 · 5 sections
- § 35220 For purposes of this article, the following definitions apply: (a) “Entity managing a charter school” means a nonprofit public benefit corporation operating a…
- § 35220.5 (a) (1) The County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8 shall, in consultation with the department,…
- § 35221 (a) Each local educational agency official shall receive training in K–12 public education school finance laws pursuant to this article. (b) An entity offering…
- § 35222 (a) A local educational agency shall maintain records showing both of the following: (1) The dates on which each local educational agency official satisfied…
- § 35223 (a) Each local educational agency official in local educational agency service as of April 1, 2027, except for officials whose term of office ends before April…
ARTICLE 7. Corrupt Practices §§ 35230–35240 · 6 sections
- § 35230 The offering of any valuable thing to any member of the governing board of any school district, with the intent to influence his action in regard to the…
- § 35231 Any contract or appointment obtained from the governing board of any school district by corrupt means is void.
- § 35232 Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who is charged with any offense described in…
- § 35233 The prohibitions contained in Article 4 (commencing with Section 1090) and Article 4.7 (commencing with Section 1125) of Division 4 of Title 1 of the…
- § 35239 (a) In a school district which during the preceding fiscal year had an average daily attendance of 70 or less, a member of the governing board may receive a…
- § 35240 Any contract made in violation of Section 35239 is void.
ARTICLE 8. Records and Reports §§ 35250–35258 · 9 sections
- § 35250 The governing board of every school district shall: (a) Certify or attest to actions taken by the governing board whenever such certification or attestation is…
- § 35251 Whenever in any school year the school register of any teacher, or other records of any school district are destroyed by conflagration or public calamity,…
- § 35252 Whenever the average daily attendance of any school district has been materially affected in any school year by conflagration, public calamity, or epidemic of…
- § 35253 Whenever the destruction of records of a school district is not otherwise authorized or provided for by law, the governing board of the district may destroy…
- § 35254 The governing board of any school district may make photographic, microfilm, or electronic copies of any records of the district. The original of any records…
- § 35255 In any joint school district, all returns, reports, certificates, estimates, petitions, and other papers of any kind relating to schools and school districts,…
- § 35256 School Accountability Report Card The governing board of each school district maintaining an elementary or secondary school shall develop and cause to be…
- § 35256.1 In addition to the information required under Section 35256, each School Accountability Report Card shall include the information required under Section…
- § 35258 (a) Each school district that is connected to the Internet shall make the information contained in the School Accountability Report Card developed pursuant to…
ARTICLE 8.5. Cybersecurity §§ 35265–35267 · 3 sections
- § 35265 For purposes of this article, the following definitions apply: (a) “California Cybersecurity Integration Center” or “Center” means the California Cybersecurity…
- § 35266 (a) A local educational agency shall report any cyberattack impacting more than 500 pupils or personnel to the California Cybersecurity Integration Center. (b)…
- § 35267 This article shall remain in effect only until January 1, 2027, and as of that date is repealed.
ARTICLE 9. Property §§ 35270.5–35275 · 4 sections
- § 35270.5 The governing board of any school district may acquire by eminent domain any property necessary to carry out any of the powers or functions of the district.
- § 35271 (a) The governing board of any school district may acquire property, construct buildings, and maintain classes outside its boundaries on sites immediately…
- § 35272 The governing board of any school district may acquire and pay for educational and athletic equipment, supplies and materials, and other personal property…
- § 35275 The governing board of any school district shall meet with appropriate local government recreation and park authorities to review all possible methods of…
ARTICLE 9.5. Schoolsite Replacement Housing §§ 35277–35278.5 · 4 sections
- § 35277 For purposes of this article the following terms have the following meanings: (a) “Affordable housing cost” has the same meaning as set forth in Chapter 2…
- § 35277.5 For purposes of this article, an extreme shortage of affordable housing exists if any of the following conditions exist: (a) The vacancy rate for rental…
- § 35278 (a) If a school district or community college district has acquired a new schoolsite containing residential dwelling units, the local governing agency,…
- § 35278.5 This article does not require a local governing agency to acquire real property, develop replacement housing, or perform any other act pursuant to this…
ARTICLE 10. School Maintenance §§ 35290–35293 · 8 sections
- § 35290 The governing board of any school district shall maintain schools and classes as provided by law.
- § 35291 The governing board of any school district shall prescribe rules not inconsistent with law or with the rules prescribed by the State Board of Education, for…
- § 35291.5 (a) On or before December 1, 1987, and at least every four years thereafter, each public school may, at its discretion, adopt rules and procedures on school…
- § 35291.7 Additional employees may not be hired and substitute teachers may not be utilized in order to comply with the requirements of Sections 35291 and 35291.5.
- § 35292 The governing board of any school district shall visit each school in its district at least once each term, and examine carefully into the management, needs,…
- § 35292.5 (a) Every public and private school maintaining any combination of classes from kindergarten to grade 12, inclusive, shall comply with all of the following:…
- § 35292.6 (a) On or before the start of the 2024–25 school year, a public school, including a school operated by a school district, county office of education, or…
- § 35293 The governing board of any school district shall maintain all of the elementary day schools established by it, and all of the day high schools established by…
ARTICLE 10.5. Earthquake Emergency Procedures §§ 35295–35297 · 3 sections
- § 35295 The Legislature finds and declares the following: (a) Because of the generally acknowledged fact that California will experience moderate to severe earthquakes…
- § 35296 The governing board of each private school shall establish an earthquake emergency procedure system in every private school building under its jurisdiction…
- § 35297 The earthquake emergency procedure system shall include, but not be limited to, all of the following: (a) A school building disaster plan, ready for…
ARTICLE 12. Scholarship and Loan Funds §§ 35310–35319 · 10 sections
- § 35310 The governing board of any school district may establish and maintain a scholarship and loan fund, to be administered by a committee composed of the members of…
- § 35311 The superintendent of school district shall be the chairman of the committee and shall be the chief executive officer of the fund.
- § 35312 The committee shall meet at least once each fiscal year and at such other times as it may be called into session by the chairman.
- § 35313 The committee may accept on behalf of, and in the name of, the fund, such gifts, donations, bequests, and devises as are made for the purposes of the fund.…
- § 35314 Money in the fund shall be deposited in a bank or other institution whose accounts are federally insured, and any money so deposited shall be in an account or…
- § 35315 All money in the fund shall be available for making interest-free loans for educational advancement, for scholarship, or for grants-in-aid to eligible persons.…
- § 35316 An applicant for a loan from the fund shall make application therefor in accordance with reasonable rules and regulations established by the governing board of…
- § 35317 All expenses in the administration of the fund including, but not limited to, operating costs, audits, promotion of the fund, and physical housing for the…
- § 35318 The governing board of the school district shall arrange for an annual audit of the fund in the same manner as prescribed in Section 41020.
- § 35319 The chief executive officer of the fund shall make periodic reports, but not less frequently than annually, to the governing board of the school district with…
ARTICLE 13. Excursions and Field Trips §§ 35330–35332 · 3 sections
- § 35330 (a) The governing board of a school district or the county superintendent of schools of a county may: (1) Conduct field trips or excursions in connection with…
- § 35331 (a) The governing board of any school district conducting excursions and field trips pursuant to this article shall provide, or make available, medical or…
- § 35332 No transportation by air may be provided under this article unless the transportation by air is provided by any of the following: (a) aircraft owned and…
ARTICLE 13.5. School Camps § 35335 · 1 section
- § 35335 The governing board of any elementary, high, or unified school district may charge a fee for school camp programs, provided that payment of such fee is not…
ARTICLE 15. Authority to Transport Pupils §§ 35350–35351 · 2 sections
- § 35350 No governing board of a school district shall require any student or pupil to be transported for any purpose or for any reason without the written permission…
- § 35351 No public school pupil shall be assigned to or be required to attend a particular school because of the characteristics listed in Section 220.
ARTICLE 16. Los Angeles Unified School District §§ 35400–35401 · 3 sections
- § 35400 (a) The Los Angeles Unified School District’s Inspector General of the Office of the Inspector General may conduct audits and investigations. The inspector…
- § 35400.5 (a) The inspector general shall be appointed by the Board of Education of the Los Angeles Unified School District for a term of three years, subject to the…
- § 35401 (a) If the inspector general determines that there is reasonable cause to believe that an employee or outside agency has engaged in any illegal activity, he or…
CHAPTER 3. Reorganization of School Districts—General Provisions §§ 35500–35586 · 55 sections
ARTICLE 1. Legislative Intent and Purpose §§ 35500–35501 · 2 sections
- § 35500 It is the intent of the Legislature to utilize the organization of districts as they existed on January 1, 1981, and local educational needs and concerns shall…
- § 35501 On and after January 1, 1981, this chapter and Chapter 4 (commencing with Section 35700) shall apply to an action to reorganize school districts.
ARTICLE 2. Definitions §§ 35510–35517 · 7 sections
- § 35510 Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter and Chapter 4 (commencing with Section…
- § 35511 An “action to reorganize districts” means either of the following: (a) An action to form a new school district, which is accomplished through any of, or any…
- § 35512 “County committee” means the county committee on school district organization, organized and acting as provided for in Article 1 (commencing with Section 4000)…
- § 35513 For the purposes of any reference in this chapter to “districts of the same kind,” all elementary school districts are districts of the same kind, all high…
- § 35514 As used in this chapter and in Chapter 4 (commencing with Section 35700): (a) “Affected district” means a school district that has been, or is proposed to be,…
- § 35515 “Component district” means an elementary school district that is included within a high school district or an elementary school district that is excluded from…
- § 35517 “Uninhabited territory” means territory in which fewer than 12 persons are registered to vote at least 54 days before the time of filing of a petition or…
ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties §§ 35520–35524 · 5 sections
- § 35520 In any action to reorganize school districts, which are located in more than one county and are under the jurisdiction of different county superintendents of…
- § 35521 Any petition to a county officer or agency in an action referred to in Section 35520 shall be presented in each county. The sufficiency of the petition shall…
- § 35522 Any election in an action referred to in Section 35520 shall be called and conducted by each county superintendent in the districts which are under his or her…
- § 35523 Any public hearing required, or allowed to be held, in an action referred to in Section 35520 may be conducted in each county, or jointly in either county, as…
- § 35524 Any decision in an action referred to in Section 35520 to recommend reorganization or to recommend approval or disapproval of a petition for reorganization may…
ARTICLE 4. Completion and Effective Dates for Action §§ 35530–35537 · 7 sections
- § 35530 An action to reorganize districts is complete when the board of supervisors makes the order required pursuant to Section 35765.
- § 35531 An action to form a unified school district pursuant to Section 35542 is complete upon the date of completion of the action by which the boundaries of the…
- § 35532 Except as otherwise provided in this article, in any school district which is created or whose boundaries or status is changed by an action to reorganize…
- § 35533 Any district which is reorganized so as to be wholly absorbed into one or more other districts shall, after the date the action is complete and until the…
- § 35534 Except as provided in Sections 35536 and 35786 and subject to compliance with Section 54900 of the Government Code, any action to reorganize a school district…
- § 35536 At any time after the appointment or election of the governing board of a school district and the naming of the school district, the board may secure an option…
- § 35537 Notwithstanding Section 35534, where a petition for reorganization and change of boundaries of one or more school districts involves a transfer of territory…
ARTICLE 5. Territory of School Districts §§ 35540–35545 · 6 sections
- § 35540 The boundaries of each high school district and unified school district shall be coextensive with the boundaries of the component districts, as defined in…
- § 35541 When the boundaries of a district which is a component of a high school district or a unified school district, as defined in Section 35515, are for any cause…
- § 35542 (a) Whenever the boundaries of an elementary school district and a high school district become coterminous, the districts are merged into a new unified…
- § 35543 On or after January 1, 1981, a school district shall not be formed or reorganized to include territory which is separated from other portions of the territory…
- § 35544 Whenever territory is transferred or added by means of reorganization to another district in which trustee areas have been established, the territory being…
- § 35545 (a) Before the date upon which a reorganized district becomes effective for all purposes, the county committee may include all, or part of, the territory in…
ARTICLE 6. Personnel in Reorganized Districts §§ 35555–35559 · 5 sections
- § 35555 (a) The reorganization of any school district or school districts shall not affect the classification of certificated employees already employed by any school…
- § 35556 (a) The reorganization of any school district, or school districts, shall not affect the rights of persons employed in positions not requiring certification…
- § 35557 (a) Notwithstanding Section 5000, whenever, in a district that has been wholly absorbed into one or more other districts and continues in existence as a…
- § 35558 (a) Notwithstanding Sections 35105 and 5000, in the case of a unified school district formed in an even-numbered year, where in connection with the formation…
- § 35559 Notwithstanding Sections 5000 and 35105, when the first elected board of any new district is elected on the same date that the election is held for adopting…
ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized §§ 35560–35566 · 7 sections
- § 35560 When a school district is reorganized, both of the following shall apply: (a) When the allocation of funds, property, and obligations is not fixed by terms,…
- § 35561 Any funds derived from the sale of the school bonds issued by the original district shall be used for the acquisition, construction, or improvement of school…
- § 35562 If all the territory of a school district becomes part of two or more school districts of any type, and the inclusion in the two or more new or acquiring…
- § 35563 (a) If all of the territory of a school district becomes part of two or more school districts of any type, and the inclusion in the two or more new school…
- § 35564 If the reorganization of a school district under this chapter results in the relocation of district boundaries so that a portion of the pupils will not be…
- § 35565 If a dispute arises between the governing boards of the districts concerning the division of funds, property, or obligations, a board of arbitrators shall be…
- § 35566 Notwithstanding any other provision of this article, exchanges of property tax revenues between school districts as a result of an action to reorganize shall…
ARTICLE 8. Bonded Indebtedness of School Districts §§ 35570–35579 · 10 sections
- § 35570 This article applies only to the reallocation of bonded indebtedness of a school district on general obligation bonds under one of the following conditions:…
- § 35571 When a school district is created, annexed, or abolished, or the boundaries thereof changed, the liability to taxation for the outstanding bonded indebtedness…
- § 35572 No territory shall be taken from any school district having any outstanding bonded indebtedness and made a part of another school district where the action, if…
- § 35573 When any school district is in any manner merged with one or more school districts so as to form a single district by any procedure, the district so formed is…
- § 35574 Notwithstanding any other provision of this code, for the purposes of applying the State School Building Aid Law of 1952 (Chapter 6 (commencing with Section…
- § 35575 When territory is taken from one school district and annexed to another school district and the area transferred contains no public school property or…
- § 35576 (a) If territory is taken from one school district and annexed to, or included in, a new or acquiring district by any procedure, and the area transferred…
- § 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…
- § 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…
- § 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…
ARTICLE 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit §§ 35580–35586 · 6 sections
- § 35580 Notwithstanding Article 8 (commencing with Section 35570), this article shall apply to the reorganization of the Wiseburn School District and the Centinela…
- § 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…
- § 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…
- § 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…
- § 35585 Notwithstanding any other law, the election to approve the reorganization plan for the Wiseburn Unified School District shall be conducted within the territory…
- § 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…
CHAPTER 4. Reorganization of School Districts §§ 35700–35787 · 80 sections
ARTICLE 1. Reorganization of School Districts by the Electorate §§ 35700–35712 · 22 sections
- § 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…
- § 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…
- § 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…
- § 35700.5 Before initiating proceedings to consider any reorganization plan, the county committee on school district organization shall provide written notice of the…
- § 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…
- § 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…
- § 35703 Any petition filed under this article may include any of the appropriate provisions specified in Article 3 (commencing with Section 35730).
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 35712 The State Board of Education may adopt rules and regulations for the implementation of this article, as it deems necessary.
ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization §§ 35720–35724 · 7 sections
- § 35720 Each county committee on school district organization shall, under the direction of the State Board of Education, formulate plans and recommendations for the…
- § 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…
- § 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…
- § 35721.5 Before initiating proceedings to consider any reorganization plan, the county committee on school district organization shall provide written notice of the…
- § 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…
- § 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…
- § 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…
ARTICLE 3. Contents of Plans and Recommendations §§ 35730–35738 · 21 sections
- § 35730 The plans and recommendations, in connection with the proposed formation of a new unified school district to include within its boundaries a chartered city,…
- § 35730.1 Any reorganization of a school district with more than 500,000 pupils in average daily attendance shall require that each new district created meets the…
- § 35731 In any proposal for unification, plans and recommendations may include a provision for a governing board of seven members. In the absence of such a provision,…
- § 35732 Plans and recommendations may include a provision specifying the territory in which the election to reorganize the school districts will be held. In the…
- § 35733 Whenever the recommendation is to divide the entire territory of an existing school district into two or more separate school districts, the recommendation may…
- § 35734 The plans and recommendations may include a provision for trustee areas that provide for representation in accordance with population and geographic factors of…
- § 35735 (a) Each proposal for the reorganization of school districts shall include a computation of the local control funding formula entitlement determined pursuant…
- § 35735.1 For purposes of paragraph (5) of subdivision (b) of Section 42238.02, reorganized districts shall have their percentages of unduplicated pupils calculated as…
- § 35735.2 For purposes of subdivisions (g) and (h) of Section 42238.02, paragraph (2) of subdivision (a) of Section 42238.03, and subdivision (e) of Section 42238.03,…
- § 35735.3 (a) A new or acquiring district shall receive an economic recovery target payment pursuant to paragraph (2) of subdivision (d) of Section 42238.025 that is…
- § 35735.4 For purposes of subdivision (d) of Section 42238.03, a reorganized district shall be deemed to have a zero difference in the prior fiscal year if one of the…
- § 35735.5 (a) For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of…
- § 35735.6 (a) For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of…
- § 35735.7 For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of Section…
- § 35735.8 (a) For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of…
- § 35735.9 (a) For a new district or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b)…
- § 35735.10 For the purpose of determining funding pursuant to subparagraph (D) of paragraph (1) of subdivision (e) of Section 42238.03, the following shall apply to…
- § 35736 Plans and recommendations may include a proposal for dividing the property, other than real property, and obligations of any school district proposed to be…
- § 35736.5 Sections 35735 to 35736, inclusive, shall only apply to actions to reorganize school districts for which the order to reorganize, pursuant to Section 35765, is…
- § 35737 Plans and recommendations may include a provision specifying that the election for the first governing board will be held at the same time as the election on…
- § 35738 Plans and recommendations may include a method of dividing the bonded indebtedness other than the method specified in paragraphs (1) and (2) of subdivision (b)…
ARTICLE 3.5. Fiscal Actions of Newly Organized or Reorganized School Districts § 35740 · 1 section
- § 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…
ARTICLE 4. Approval and Adoption of Plans and Recommendations §§ 35750–35768 · 20 sections
- § 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…
- § 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,…
- § 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…
- § 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…
- § 35754 After affording interested persons an opportunity to present their views on the petition to reorganize school districts, and after hearing any findings and…
- § 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…
- § 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…
- § 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…
- § 35757 The county superintendent of schools shall prepare a statement of official information and statistics relating to the proposed reorganization that shall…
- § 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…
- § 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…
- § 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…
- § 35761 Every qualified elector residing within the territory in which the election is called shall be eligible to vote at such election.
- § 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…
- § 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…
- § 35764 When a majority of all the votes cast are cast in favor of the reorganization or other proposal, the proposal carries.
- § 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…
- § 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…
- § 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…
- § 35768 The State Board of Education may adopt rules and regulations for the implementation of this article, as it deems necessary.
ARTICLE 5. Lapsation §§ 35780–35787 · 9 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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),…