SECTIONS 35100-35107 - California Statutes

EDUCATION CODE

SECTION 35100-35107

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 of schools shall appoint an
interim governing board.
Within 15 days after the action necessary for the formation of any
joint or joint union elementary school or high school district is
completed, the county superintendent of schools having jurisdiction
over the district shall appoint a majority of the members of an
interim governing board. If the new district is in two counties, the
other county superintendent shall appoint the rest of the interim
governing board members within such 15-day period. If the new
district is in more than two counties, the other county
superintendents shall appoint the rest of the interim governing board
members within such 15-day period as may be agreed upon by them. If
they cannot agree within such 15-day period, the county
superintendent who appointed the majority of the interim governing
board members shall appoint the rest of the members.
The term of each governing board member so appointed shall expire
on the April 1st following the election of the first elected
governing board of the district.
If a majority of the members of the interim governing board of the
school district is not appointed and qualified within such 15-day
period, the county superintendent of schools having the power to
appoint the interim governing board, or a majority thereof, shall
assume the powers and duties belonging to the governing board until a
majority of the governing board is selected and qualified.

35101. In newly formed unified school districts there shall be no
interim governing board, but the county superintendent of schools
having jurisdiction over the particular district shall call an
election for the purpose of choosing the first governing board of the
district.
The election shall be held on the first Tuesday after the first
Monday in March, June, or November next succeeding the call. The
first members of the governing board of the district shall take
office on the day the canvass of the election is certified by the
county superintendent of schools. The first meeting of the governing
board shall be called by the county superintendent of schools not
later than the third Monday following the election. The term of
office of subsequent members of the board shall begin on April 1st
following their election.

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 having jurisdiction over the
district shall call a meeting of the board, by giving each member of
the board at least 10 days' notice of such meeting by registered
mail. At the meeting the board shall appoint such officers as boards
of its class are required to appoint at annual meetings pursuant to
Article 3 (commencing with Section 35140) of Chapter 2 of this
division, name the district pursuant to Article 1 (commencing with
Section 35000) of Chapter 1 of this part and may conduct or transact
any other business relating to the affairs of the district which can
properly be conducted or transacted at a regular meeting of the
board.

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 held:
(a) When the action necessary for the formation of a new school
district is completed on or before the first of January of any
odd-numbered year, on the first Tuesday after the first Monday in
March of such year.
(b) When the action necessary for the formation of a new school
district is completed after the first of February of any year,
whether even numbered or odd numbered, on the first Tuesday after the
first Monday in March of the next succeeding year.
The terms of the members elected at the initial election shall
begin on the first day of April, and the terms of their predecessors
shall expire on the 31st day of March, following the election.

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 the first elected board of any
newly formed school district, the members of which majority received
the highest number of votes, shall serve until the first Friday in
December of the second succeeding odd-numbered year. The other
members' terms shall expire on the first Friday in December of the
first succeeding odd-numbered year. All of these members shall
continue in office until their successors are elected and qualified.

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 interim governing board of a newly
formed school district, he or she shall cease to be a member of the
governing board of the district being reorganized unless he or she
elects to remain a member of that board. If the member does not elect
to remain on the board of the district being reorganized, the county
board of education shall then appoint another person who is eligible
to serve on the governing board of the district being reorganized to
the vacant position for the duration of the existence of the
district being reorganized, but in no case for longer than 12 months.

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 not disqualified by the Constitution or
laws of the state from holding a civil office, is eligible to be
elected or appointed a member of a governing board of a school
district without further qualifications.
(b) (1) An employee of a school district may not be sworn into
office as an elected or appointed member of that school district's
governing board unless and until he or she resigns as an employee. If
the employee does not resign, the employment will automatically
terminate upon being sworn into office.
(2) For any individual who is an employee of a school district and
an elected or appointed member of that school district's governing
board prior to January 1, 1992, this subdivision shall apply when he
or she is reelected or reappointed, on or after January 1, 1992, as a
member of the school district's governing board.
(c) Notwithstanding any other provision of law, the governing
board of a school district may adopt or the residents of the school
district may propose, by initiative, a proposal to limit or repeal a
limit on the number of terms a member of the governing board of the
school district may serve on the governing board of the school
district. Any proposal to limit the number of terms a member of the
governing board of the school district may serve on the governing
board of the school district shall apply prospectively only and shall
not become operative unless it is submitted to the electors of the
school district at a regularly scheduled election and a majority of
the votes cast on the question favor the adoption of the proposal.
(d) (1) An initiative measure proposed pursuant to subdivision (c)
shall be subject to the procedures set forth in Chapter 4
(commencing with Section 9300) of Division 9 of the Elections Code.
(2) A proposal submitted to the electors by the governing board
pursuant to subdivision (c) shall be subject to the procedures set
forth in Chapter 6 (commencing with Section 9500) of Division 9 of
the Elections Code.
(e) A member of the governing board of a school district shall
abstain from voting on personnel matters that uniquely affect a
relative of the member but may vote on collective bargaining
agreements and personnel matters that affect a class of employees to
which the relative belongs. For purposes of this section, "relative"
means an adult who is related to the person by blood or affinity
within the third degree, as determined by the common law, or an
individual in an adoptive relationship within the third degree.