SECTIONS 35020-35046 - California Statutes

EDUCATION CODE

SECTION 35020-35046

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 permitted by the governing board of any
school district to perform the duties specified in Section 44814 or
44815, or to serve as a nonteaching volunteer aide under the
immediate supervision and direction of the certificated personnel of
the district to perform noninstructional work which serves to assist
the certificated personnel in performance of teaching and
administrative responsibilities. With respect to this
noninstructional work, the nonteaching volunteer aide shall serve
without compensation of any type or other benefits accorded to
employees of the district, except as provided in Section 3364.5 of
the Labor Code.
(b) No district may abolish any of its classified positions and
utilize volunteer aides, as authorized herein, in lieu of classified
employees who are laid off as a result of the abolition of a
position. A district shall not refuse to employ a person in a vacant
classified position and use volunteer aides in lieu of filling the
classified position.
(c) It is the intent of the Legislature to permit school districts
to use volunteer aides to enhance its educational program but not to
permit displacement of classified employees nor to allow districts
to utilize volunteers in lieu of normal employee requirements.

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 volunteer aide in order to
ascertain whether the prospective nonteaching volunteer aide has
been convicted of any sex offense as defined in Section 44010. A plea
or verdict of guilty, a finding of guilt by a court in a trial
without jury, or a conviction following a plea of nolo contendere
shall be deemed to be a conviction within the meaning of this
section. If the local law enforcement agency agrees to provide that
automated records check, the results therefrom shall be returned to
the requesting district or county office of education within 72 hours
of the written request. A local law enforcement agency may charge a
fee to the requesting agency not to exceed the actual expense to the
law enforcement agency.

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 involving criminal offenses committed
by a prospective volunteer, the school district or county office of
education may request that the Department of Justice provide
subsequent arrest notification service pursuant to Section 11105.2 of
the Penal Code. The Department of Justice shall comply with a
request made pursuant to this section.
(b) This section also applies to a person, firm, association,
partnership, or corporation offering or conducting private school
instruction on the elementary or high school level that requests,
pursuant to Section 11105.3 of the Penal Code, records involving
criminal offenses committed by a prospective volunteer.

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 after school program volunteers.
(b) (1) To be included on a registry established pursuant to this
section, a prospective registrant shall submit to a criminal
background check pursuant to Section 45125. The prospective
registrant shall also submit current contact information to the
school district or county office maintaining the registry and shall
update that information whenever the information changes.
(2) A school, school district, or county office of education may
contribute funds to pay for all or part of the cost of a criminal
background check required of a prospective registrant pursuant to
paragraph (1).
(c) A school district or county office maintaining a registry may
impose other requirements on prospective registrants, including, but
not limited to, certification in cardiopulmonary resuscitation.
(d) Upon approval of the person acting as the coordinator of, or
overseeing, the after school activities of the school, a school under
the jurisdiction of a school district or county office of education
maintaining a registry may allow a volunteer registered with the
school district or county office to provide instruction in physical
recreation to pupils after school hours or provide other services.
(e) This section does not require a school district or county
office of education to establish or maintain a registry and does not
require a school to use a volunteer from a registry to provide
instruction in physical recreation to pupils after school hours or
provide other services.
(f) Instruction in physical recreation provided to a pupil by a
volunteer pursuant to subdivision (d) shall not be counted toward
satisfaction of either the physical education course requirements for
graduation from high school pursuant to Section 51225.3 or the
number of minutes of instruction in physical education required
pursuant to Section 51210, 51222, or 51223, as applicable.

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 Section 38000. Any person
deputized by a school district as a school police reserve officer
shall complete the training prescribed by Section 832.2 of the Penal
Code.
(b) It is the intent of the Legislature to allow school districts
to use volunteer school police reserve officers to the extent
necessary to provide a safe and secure school environment.

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 its members.

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 shall have one vote for each member
to be elected to the county committee provided by Article 1
(commencing with Section 4000) of Chapter 1 of Part 3. The secretary
or clerk of the district shall furnish the county superintendent of
schools with a certificate naming the representative selected by the
board.

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 shall consist of the president, the
clerk, and one other member of the board. In the case of a governing
board which has not appointed a clerk the committee shall consist of
the president and two members of the board. The committee shall
attend to the routine business of the board. Its action shall be
reported to the board for ratification at its first meeting ensuing.

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 such secretary the duties
prescribed in paragraphs (a) and (c) of Section 35250.

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 the district superintendent any of the
duties provided for in Section 35250.

35028. No person shall be eligible to hold a position as city
superintendent, district superintendent, deputy superintendent,
associate superintendent, or assistant superintendent of schools
unless he is the holder of both a valid school administration
certificate and a valid teacher's certificate, but any person
employed as a deputy, associate, or assistant superintendent in a
purely clerical capacity shall not be required to hold any
certificate.

35029. A local governing board may waive any credential requirement
for the chief administrative officer of the school district under
its jurisdiction. Any individual serving as the chief administrative
officer of a school district who does not hold a credential may be
required by the local governing board to pursue a program of
in-service training conducted pursuant to guidelines approved by the
commission.
No individual serving as the chief administrative officer of a
school district shall be subject to the provisions of the merit
system specified in Article 6 (commencing with Section 45240) of
Chapter 5 of Part 25 of this division or any other similar merit
system.

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 under its jurisdiction whose
credential has been revoked by the Commission on Teacher
Credentialing pursuant to Sections 44421 to 44427, inclusive.

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 this code as a position requiring
certification qualifications or which does not qualify under the
provisions of Section 44065 as a position requiring certification
qualifications; except that any such title may be assigned to the
position of business manager or a related business position but such
position shall not, if so designated, be deemed to be a position
requiring certification qualifications nor shall the employee be
deemed to be a certificated employee.

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 governing board of any school
district, with the consent of the employee concerned, may at any
time terminate, effective on the next succeeding first day of July,
the term of employment of, and any contract of employment with, the
superintendent of schools, or any associate, deputy, or assistant
superintendent of schools of the district, and reelect or reemploy
the employee, on those terms and conditions as may be mutually agreed
upon by the board and the employee, for a new term to commence on
the effective date of the termination of the existing term of
employment. In the event the governing board of a school district
determines the superintendent of schools of the district, or deputy,
associate, or assistant superintendent of schools, or employee in the
senior management of the classified service is not to be reelected
or reemployed as such upon the expiration of his or her term, he or
she shall be given written notice thereof by the governing board at
least 45 days in advance of the expiration of his or her term. In the
event the governing board of a district fails to reelect or reemploy
the superintendent of schools of the district, or deputy, associate,
or assistant superintendent of schools, or employee in the senior
management of the classified service as such and the written notice
herein provided for has not been given, he or she shall be deemed
reelected for a term of the same length as the one completed, and
under the same terms and conditions and with the same compensation.
The notice requirements of Section 44951 shall not apply to
persons to whom this section applies.

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 superintendent of schools and deputy,
associate, or assistant superintendent of schools without terminating
the term of employment of, and reelecting or reemploying, such
employee and such increase may be effective on any date ordered by
the governing board.

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 one or more elementary school
districts, the governing board of the unified district may elect and
reelect as district superintendent of schools of the unified
district, or as deputy, associate, or assistant superintendent of
schools of the unified district, for a four-year term, a person
employed as district superintendent of schools of one of such
elementary school districts at the time of the formation of the
unified school district. The person may perform service in the
position for the unified district for the term to which he is elected
or reelected without possessing the certification document otherwise
required if he has served continuously as district superintendent of
the elementary district for at least 10 years prior to the formation
of the unified district and if he is elected as district
superintendent of schools of the unified district or as deputy,
associate or assistant superintendent of schools of the unified
district pursuant to this section.

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 district except for the portions
of the county that are included in a school district that is under
the jurisdiction of the county superintendent of schools of another
county, the county superintendent of schools may be employed as the
superintendent of schools of the unified school district; provided he
or she is the holder of a certification document authorizing him or
her to perform those services. If a county superintendent of schools
is employed as the superintendent of schools of a unified school
district, he or she may be paid the salary, in addition to that
provided by law for his office of county superintendent of schools,
that he or she and the governing board of the unified school district
may agree upon.
(b) Any county superintendent of schools who was employed as a
district superintendent of a unified school district on or before
September 20, 1963, may continue to perform those services without
possessing the certification document otherwise required so long as
he or she remains continuously employed or reemployed in his or her
position.
(c) Where the entire area of a county is included within one
unified school district except for the portions of the county that
are included in a school district that is under the jurisdiction of
the county superintendent of schools of another county, the person
who was county superintendent of schools at the time the unified
school district was formed may be employed as the superintendent of
schools of the unified school district without possessing the
certification document otherwise required so long as he or she
remains continuously employed or reemployed in his or her position.

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 officer of the governing board of the
district.
(b) Except in a district where the governing board has appointed
or designated an employee other than the superintendent, or a deputy,
or assistant superintendent, to prepare and submit a budget, prepare
and submit to the governing board of the district, at the time it
may direct, the budget of the district for the next ensuing school
year, and revise and take other action in connection with the budget
as the board may desire.
(c) Subject to the approval of the governing board, assign all
employees of the district employed in positions requiring
certification qualifications, to the positions in which they are to
serve. This power to assign includes the power to transfer a teacher
from one school to another school at which the teacher is
certificated to serve within the district when the superintendent
concludes that the transfer is in the best interest of the district.
(d) Upon adoption, by the district board, of a district policy
concerning transfers of teachers from one school to another school
within the district, have authority to transfer teachers consistent
with that policy.
(e) Determine that each employee of the district in a position
requiring certification qualifications has a valid certificated
document registered as required by law authorizing him or her to
serve in the position to which he or she is assigned.
(f) Enter into contracts for and on behalf of the district
pursuant to Section 17604.
(g) Submit financial and budgetary reports to the governing board
as required by Section 42130.

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 school offering kindergarten or any
of grades 1 to 12, inclusive, that is ranked in deciles 1 to 3,
inclusive, on the Academic Performance Index if the principal of the
school refuses to accept the transfer.
(b) The governing board of a school district may not adopt a
policy or regulation, or enter into a collective bargaining
agreement, that assigns, after April 15 of the school year prior to
the school year in which the transfer would become effective,
priority to a teacher who requests to be transferred to another
school over other qualified applicants who have applied for positions
requiring certification qualification at the school.
(c) The prohibitions in this section shall become operative on
January 1, 2007. If the prohibitions in this section are in direct
conflict with the terms of a collective bargaining agreement in
effect on January 1, 2007, the prohibitions of this section shall
become operative on the employees governed by that agreement upon its
expiration.

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 governing board to fill the office
of district clerk if a clerk is not elected by the governing board on
the date prescribed, or if, except as provided in Section 35039, a
vacancy occurs in the position of district clerk.

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 him and appoint another member clerk. It
shall immediately notify the superintendent of schools of the county
of its action.

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 administrative adviser and fix and
order paid his compensation. The duties of the administrative adviser
are to render administrative advice to the superintendent of schools
and to other officers and employees of the school district such
other administrative duties as may be assigned by the superintendent
of schools and the governing board of the district, and to assist the
legal counsel of the district in the preparation and conduct of
school district litigation. The employee shall have been admitted to
practice law in the state, and shall not be required to have any
certification qualifications.

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 school. The selective service
registrar may be an employee of the high school where he or she is
appointed or a school volunteer who is 18 years of age or older. The
duty of the selective service registrar is to help pupils subject to
the federal Military Selective Service Act (50 U.S.C. App. 451 et
seq.) enrolled in the high school register in accordance with that
act.
(b) A school district should, but is not required to, make every
reasonable effort to inform pupils enrolled with the district who are
subject to the federal Military Selective Service Act (50 U.S.C.
App. 451 et seq.) of all of the following:
(1) The importance of meeting one's Selective Service obligations.
(2) The consequences of not registering as required under the
federal Military Selective Service Act.
(3) How to register with the Selective Service.

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 appointing an administrative advisor
pursuant to Section 35041, or any county board of education or any
county superintendent of schools may, appoint a legal counsel and fix
and order paid the counsel's compensation as an employee or as an
independent contractor. The duties of the legal counsel may include
rendering legal advice to the superintendent of schools, the county
board of education, and to other officers and employees of the school
district or districts and other administrative duties as may be
assigned by the superintendent of schools, the county board of
education, and the governing board of the district or governing
boards of the districts, and serving as the legal counsel of the
superintendent of schools, the county board of education, and the
district or districts in the preparation and conduct of school
district litigation and administrative proceedings, and rendering
advice in relation to school bond and tax increase measures and
prepare all legal papers and forms necessary for the voting of school
bonds and tax increase measures in the district or districts. The
legal counsel shall have been admitted to practice law in the state,
and shall not be required to have any certification qualifications.
The term "legal counsel" as used herein includes a solo practitioner,
partnership, or a law corporation.
The county board of education and the superintendent of schools of
the same county shall appoint the same legal counsel.

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 services directed by the board.

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 be a person qualified by training,
experience and demonstrated ability to manage the building,
construction and contracting business of the district. The director
shall be responsible for the coordination of the building program of
the district and shall advise the superintendent of schools and other
employees of the district with respect to the negotiation and
performance of school building construction contracts let by the
governing board of the school district.

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 superintendent of schools who have been
employed by the school district or by the county superintendent of
schools for at least 10 years and who are at least 55 years of age.
(b) The governing board of a school district may enter into a
contract with a retired certificated employee who has been employed
by the school district or by the county superintendent of schools at
least 10 years and who is at least 55 years of age whereby the
retired employee is granted a consultancy contract with the school
district, which contract is renewable on an annual basis for up to
five years or until the retired employee reaches age 65, whichever
comes first.
(c) Persons hired by a consultancy contract as authorized by this
section are considered employees and are subject to the earnings
limitation provided in Section 23919.