CHAPTER 2. Governing Boards [35100. - 35401.]
Chapter 2 enacted by Stats. 1976, Ch. 1010.
§§ 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…