SECTIONS 35010-35012 - California Statutes

EDUCATION CODE

SECTION 35010-35012

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 shall prescribe
and enforce rules not inconsistent with law, or with the rules
prescribed by the State Board of Education, for its own government.

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 shall be undertaken.
(d) 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.
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 board or in a
separate petition after a pupil member or members have been appointed
to the board.
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.
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 board may order the inclusion of more
than one nonvoting pupil member.
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.
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 will
not serve in determining the final numerical outcome of a vote. No
preferential vote will be solicited on matters subject to closed
session discussion.
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.
Each pupil member shall have the right to attend each and all
meetings of the governing board, except executive sessions.
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.
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.
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.
The nonvoting or preferential voting pupil member shall not be
included in determining the vote required to carry any measure before
the board.
The nonvoting or preferential voting pupil member shall not be
liable for any acts of the governing board.