Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 331

Introduced by Assembly Member Levine

February 13, 2015

An act to amend begin delete Sections 5018, 5019, and 35012 end delete begin insert Section 5019 end insert of the Education Code, relating to school districts.

LEGISLATIVE COUNSEL’S DIGEST

AB 331, as amended, Levine. School district governing boards: reduction of membership.

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(1) Existing law establishes a system of public elementary and secondary schools in this state, and provides for the operation of these schools by school districts and other local educational agencies. Existing law generally requires that the governing board of a school district consists of 5 members, but also requires that the governing board of an elementary school district other than a union or joint union elementary school district consists of 3 members, except when that elementary school district has an average daily attendance of 300 or more. Existing law requires that an elementary school district with a 3-member governing board and an average daily attendance of 300 or more during the preceding fiscal year either act, as specified, to increase the number of governing board members to 5 or request the appropriate county superintendent of schools to submit to the voters of that district the question of whether the number of members of that governing board should be increased to 5.

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Existing

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begin insert (1) end insert begin insert   end insert begin insert Existing end insert law establishes in each county, except a county that is also a city and county, a county committee on school district begin delete organization. Existing law specifies procedures for proposals to increase or reduce the membership of a school district governing board, and also specifies responsibilities for county committees on school district organization with respect to the submission of such proposals to the electors of a school district for their approval or disapproval. Existing law authorizes county committees on school district organization end delete begin insert organization, and authorizes the committee to take certain actions regarding the organization of school districts and community college districts in the territory under the committee’s jurisdiction. Existing law requires a committee, upon a proposal initiated by the committee or by a petition signed by a specified number of registered voters, to approve or disapprove of a proposal end insert to begin delete decrease end delete begin insert increase end insert the membership of begin insert a end insert school district governing begin delete boards end delete begin insert board end insert from begin insert 5 to 7, or to decrease membership from end insert 7 to begin delete 5 under specified circumstances. end delete begin insert 5, in accordance with specified procedural requirements. end insert

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This bill would delete the requirement that an elementary school district with a 3-member governing board and an average daily attendance of 300 or more during the preceding fiscal year either act, as specified, to increase the number of governing board members to 5 or request the appropriate county superintendent of schools to submit to the voters of that district the question of whether the number of members of that governing board should be increased to 5.

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The

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begin insert This end insert bill would begin insert also end insert authorize begin insert a end insert county begin delete committees end delete begin insert committee end insert on school district organization begin insert , for any school district whose average daily attendance during the preceding year was less than 300, to approve or disapprove a proposal end insert to decrease the membership of begin insert the end insert school district governing begin delete boards end delete begin insert board end insert from 5 to 3 begin delete under specified circumstances. end delete begin insert in accordance with those specified procedural requirements. end insert To the extent that the bill would impose new duties on county committees on school district organization, it would constitute a state-mandated local program.

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The bill would also make various nonsubstantive revisions to existing law and a conforming change.

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(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 5018 of the Education Code is amended
to read:

5018.  

Any elementary school district having a governing board
of three members may do either of the following:

(a) By its own action determine that the number of members of
the governing board shall be increased to five, in which case two
additional members shall be elected at an upcoming established
election date, as specified in Section 1000 of the Elections Code,
determined by the governing board.

(b) (1) Request the county superintendent of schools having
jurisdiction to submit the question of whether the number of
members of the governing board shall be increased to five to the
voters of the elementary school district at an upcoming established
election date, as specified in Section 1000 of the Elections Code,
determined by the county superintendent of schools. At the same
election, two additional members shall be elected to take office if
the number of governing board members is increased.

(2) Candidates for the two additional offices shall state in the
declarations of candidacy filed for the election that the candidates
are candidates for the two additional offices separately from the
other offices to be filled in the election and shall clearly indicate
to the voters that they may vote for two of the candidates to take
office if the voters approve the proposed increase in the number
of governing board members.

(3) If the voters at the election do not approve the increase in
membership of the governing board, the same question may be
submitted to the voters at subsequent governing board member
elections. Requests to the county superintendent of schools to
submit the question to the voters of a district shall be filed with
him or her by the governing board of the district no later than 100
days prior to the election.

(4) If, pursuant to either subdivision (a) or subdivision (b), two
additional governing board members are authorized and elected,
the one receiving the higher number of votes shall hold office for
a term commencing the first day of the month following the
election until the first Friday in December in the second succeeding
year following the election in which a regular governing board
election is held, and the other one shall hold office for a term
commencing the first day of the month following the election until
the first Friday in December in the first succeeding year following
the election in which a regular governing board election is held.
Thereafter the governing board shall be composed of five members
elected in the same manner and for the same term as governing
boards having five members.

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begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 5019 of the Education Code is amended
to read:

5019.  

(a)  begin insert (1) end insert begin insert   end insert Except in a school district governed by a board
of education provided for in the charter of a city or city and county,
in any school district or community college district, the county
committee on school district organization may establish trustee
areas, rearrange the boundaries of trustee areas, abolish trustee
areas, and increase to seven from five, begin insert or end insert decrease from seven to
five, begin delete or decrease from five to three end delete the number of members of the
governing board, or adopt one of the alternative methods of electing
governing board members specified in Section 5030.

begin insert

(2) For any school district whose average daily attendance
during the preceding year was less than 300, the county committee
on school district organization may decrease from five to three
the number of members of the governing board, or adopt one of
the alternative methods of electing governing board members
specified in Section 5030.

end insert

(b) The county committee on school district organization may
establish or abolish a common governing board for a high school
district and an elementary school district within the boundaries of
the high school district. The resolution of the county committee
on school district organization approving the establishment or
abolition of a common governing board shall be presented to the
electors of the school districts as specified in Section 5020.

(c) (1) A proposal to make the changes described in subdivision
(a) or (b) may be initiated by the county committee on school
district organization or made to the county committee on school
district organization either by a petition signed by 5 percent or 50,
whichever is less, of the qualified registered voters residing in a
district in which there are 2,500 or fewer qualified registered voters,
by 3 percent or 100, whichever is less, of the qualified registered
voters residing in a district in which there are 2,501 to 10,000
qualified registered voters, by 1 percent or 250, whichever is less,
of the qualified registered voters residing in a district in which
there are 10,001 to 50,000 qualified registered voters, by 500 or
more of the qualified registered voters residing in a district in
which there are 50,001 to 100,000 qualified registered voters, by
750 or more of the qualified registered voters residing in a district
in which there are 100,001 to 250,000 qualified registered voters,
or by 1,000 or more of the qualified registered voters residing in
a district in which there are 250,001 or more qualified registered
voters or by resolution of the governing board of the district. For
this purpose, the necessary signatures for a petition shall be
obtained within a period of 180 days before the submission of the
petition to the county committee on school district organization,
and the number of qualified registered voters in the district shall
be determined pursuant to the most recent report submitted by the
county elections official to the Secretary of State under Section
2187 of the Elections Code.

(2) When a proposal is made pursuant to paragraph (1), the
county committee on school district organization shall call and
conduct at least one hearing in the district on the matter. At the
conclusion of the hearing, the county committee on school district
organization shall approve or disapprove the proposal.

(d) If the county committee on school district organization
approves pursuant to subdivision (a) the rearrangement of the
boundaries of trustee areas for a particular district, then the
rearrangement of the trustee areas shall be effectuated for the next
district election occurring at least 120 days after its approval, unless
at least 5 percent of the registered voters of the district sign a
petition requesting an election on the proposed rearrangement of
trustee area boundaries. The petition for an election shall be
submitted to the county elections official within 60 days of the
proposal’s adoption by the county committee on school district
organization. If the qualified registered voters approve pursuant
to subdivision (b) or (c) the rearrangement of the boundaries to
the trustee areas for a particular district, the rearrangement of the
trustee areas shall be effective for the next district election
occurring at least 120 days after its approval by the voters.

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SEC. 3.  

Section 35012 of the Education Code is amended to
read:

35012.  

(a) Except as otherwise provided, the governing board
of a school district shall consist of five members elected at large
by the qualified voters of the district. The terms of the members
shall, except as otherwise provided, be for four years and staggered
so that as nearly as practicable one-half of the members shall be
elected in each odd-numbered year.

(b) A unified school district may have a governing board of
seven members in the event the proposal for unification has
specified a governing board of seven members. The members of
the board shall be elected at large or by trustee areas as designated
in the proposal for unification, and shall serve four-year terms of
office.

(c) Notwithstanding subdivision (a), and except as provided in
this subdivision and Section 5018, the governing board of an
elementary school district other than a union or joint union
elementary school district shall consist of three members selected
at large from the territory comprising the district. Whenever, in
any such elementary school district the average daily attendance
during the preceding fiscal year is 300 or more, the procedures
prescribed by Section 5018 may be undertaken.

(d) (1) There may be submitted to the governing board of a
school district maintaining one or more high schools a pupil
petition requesting the governing board to appoint one or more
nonvoting pupil members to the board pursuant to this section.

(2) There may also be submitted to the governing board of a
school district maintaining one or more high schools a pupil
petition requesting the governing board to allow preferential voting
for the pupil member or members of the board. This request may
be made in the original petition for pupil representation on the
governing board or in a separate petition after a pupil member or
members have been appointed to the board.

(3) Whether for pupil representation or for preferential voting
for the pupil member or members, the petition shall contain the
signatures of either (a) not less than 500 pupils regularly enrolled
in high schools of the district, or (b) not less than 10 percent of
the number of pupils regularly enrolled in high schools of the
district, whichever is less.

(4) Upon receipt of a petition for pupil representation, the
governing board shall, commencing July 1, 1976, and each year
thereafter, order the inclusion within the membership of the
governing board, in addition to the number of members otherwise
prescribed, at least one nonvoting pupil member. The governing
board may order the inclusion of more than one nonvoting pupil
member.

(5) Upon receipt of a petition for preferential voting for the
pupil member or members, the governing board shall allow
preferential voting for the pupil member or members of the
governing board.

(6) Preferential voting, as used in the section, means a formal
expression of opinion that is recorded in the minutes and cast prior
to the official vote of the governing board. A preferential vote shall
not serve in determining the final numerical outcome of a vote.
No preferential vote shall be solicited on matters subject to closed
session discussion.

(7) The governing board may adopt a resolution authorizing the
nonvoting or preferential voting pupil member or members to make
motions that may be acted upon by the governing board, except
on matters dealing with employer-employee relations pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code.

(8) Each pupil member shall have the right to attend each and
all meetings of the governing board, except executive sessions.

(9) Any pupil selected to serve as a nonvoting or preferential
voting member of the governing board shall be enrolled in a high
school of the district, may be less than 18 years of age, and shall
be chosen by the pupils enrolled in the high school or high schools
of the district in accordance with procedures prescribed by the
governing board. The term of a pupil member shall be one year
commencing on July 1 of each year.

(10) A nonvoting or preferential voting pupil member shall be
entitled to the mileage allowance to the same extent as regular
members, but is not entitled to the compensation prescribed by
Section 35120.

(11) A nonvoting or preferential voting pupil member shall be
seated with the members of the governing board and shall be
recognized as a full member of the board at the meetings, including
receiving all materials presented to the board members and
participating in the questioning of witnesses and the discussion of
issues.

(12) The nonvoting or preferential voting pupil member shall
not be included in determining the vote required to carry any
measure before the governing board.

(13) The nonvoting or preferential voting pupil member shall
not be liable for any acts of the governing board.

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begin insert SEC. 2. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.