BILL NUMBER: AB 1989	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mendoza

                        FEBRUARY 17, 2010

   An act to amend Section 1000 of the Education Code, relating to
county boards of education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1989, as introduced, Mendoza. County boards of education:
election.
   (1) Existing law requires that a county board of education consist
of 5 or 7 members to be determined by the county committee on school
district organization, except in a city and county, and that each
member of the board be an elector of the trustee area that he or she
represents and be elected by the electors of the trustee area.
Existing law provides that in a chartered county the manner of
selection of the county board of education is required to be
prescribed in the county charter or by the county board of
supervisors.
   This bill would delete the provision regarding chartered counties,
thereby requiring members of the county board of education in those
counties to be elected at the direct primary election held in 2014 by
the voters of the trustee area that the member will represent. Four
of the 7 seats, or 3 of the 5 seats, on these county boards of
education would be open for election to initial 4-year terms and 3 of
the 7 seats, or 2 of the 5 seats, would be open for election to
initial 2-year terms. The bill would require subsequent elections be
held on the date of the direct primary elections and to be for 4-year
terms. The term of office would begin on the first day of July. The
county committee on school district reorganization, by a 2/3 vote of
the members and pursuant to existing law, would determine the
boundaries of the trustee areas using the most recent decennial
federal census. By increasing the duties of local elections
officials, this bill would impose a state-mandated local program.
   (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:

  SECTION 1.  Section 1000 of the Education Code is amended to read:
   1000.   (a)  Except in a city and county, there shall be
a county board of education, which shall consist of five or seven
members to be determined by the county committee on school district
organization. Each member of the board shall be an elector of the
trustee area  which   that  he  or she
 represents and shall be elected by the electors of the trustee
area.  In chartered counties the manner of selection of the
county board of education shall be prescribed in the county charter,
or by the county board of supervisors.  In a county unified
school district or in a unified or elementary school district
which   that  includes all of the territory over
which a county superintendent of schools has jurisdiction, the
governing board of the district shall serve as the county board of
education. 
   (b) If, on January 1, 2011, a county charter provides for an
appointed county board of education, the county board of education
shall thereafter be elected pursuant to the following procedures:
 
   (1) At the direct primary election held in 2014, four of the seven
seats, or three of the five seats, on the county board of education
shall be open for election to initial four-year terms and three of
the seven seats, or two of the five seats, on the county board of
education shall be open for election to initial two-year terms.
Subsequent elections shall be held on the date of the direct primary
elections and shall be for four-year terms.  
   (2) After their election, members shall take office on the first
day of July.  
   (3) The county committee on school district reorganization, by a
two-thirds vote of the members and pursuant to Section 1002, shall
determine the boundaries of the trustee areas using the most recent
decennial federal census.  
   (4) The change from an appointed board to an elected board shall
not change the benefits to which members of the county board of
education are entitled. Changes in those benefits shall occur under
existing guidelines and procedures in place within the county. 
  SEC. 2.  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.