SECTIONS 35140-35149 - California Statutes

EDUCATION CODE

SECTION 35140-35149

35140. Subject to the provisions of this article the governing
board of any school district shall by rule and regulation fix the
time and place for its regular meetings. Such action shall be proper
notice to all members of the board of the regular meetings.

35141. The governing board of any union or joint union high school
district, shall hold its regular meetings either monthly or
quarterly. The governing board of any other high school district,
shall hold its regular meetings monthly.

35142. Subject to the provisions of Section 35141, the times at
which the regular meetings of the governing board of a high school
district are to be held shall be prescribed by the rules and
regulations adopted by such board for its own government.

35143. The governing board of each school district shall hold an
annual organizational meeting. In a year in which a regular election
for governing board members is conducted, the meeting shall be held
on a day within a 15-day period that commences with the date upon
which a governing board member elected at that election takes office.
Organizational meetings in years in which no such regular election
for governing board members is conducted shall be held during the
same 15-day period on the calendar. Unless otherwise provided by rule
of the governing board, the day and time of the annual meeting shall
be selected by the board at its regular meeting held immediately
prior to the first day of such 15-day period, and the board shall
notify the county superintendent of schools of the day and time
selected. The clerk of the board shall, within 15 days prior to the
date of the annual meeting, notify in writing all members and
members-elect of the date and time selected for the meeting.
If the board fails to select a day and time for the meeting, the
county superintendent of schools having jurisdiction over the
district shall, prior to the first day of such 15-day period and
after the regular meeting of the board held immediately prior to the
first day of such 15-day period, designate the day and time of the
annual meeting. The day designated shall be within the 15-day period.
He shall notify in writing all members and members-elect of the date
and time.
At the annual meeting the governing board of each high school
district, union high school district, and joint union high school
district shall organize by electing a president from its members and
a clerk.
At the annual meeting each city board of education shall organize
by electing a president from its members.
At the annual meeting the governing board of each other type of
school district, except a community college district, shall elect one
of its members clerk of the district.
As an alternative to the procedures set forth in this section, a
city board of education whose members are elected in accordance with
a city charter for terms of office commencing in December, may hold
its annual organizational meeting required in this section between
December 15 and January 14, inclusive, as provided in rules and
regulations which shall be adopted by such board. At the annual
meeting the city board of education shall organize by electing a
president and vice president from its members who shall serve in such
office during the period January 15 next to the following January
14, unless removed from such office by majority vote of all members
of the city board of education.

35144. A special meeting of the governing board of a school
district may be called at any time by the presiding officer of the
board, or by a majority of the members thereof, by delivering
personally or by mail written notice to each member of the board, and
to each local newspaper of general circulation, radio, or television
station requesting notice in writing. The notice shall be delivered
personally or by mail at least 24 hours before the time of the
meeting as specified in the notice. The call and notice shall specify
the time and place of the special meeting and the business to be
transacted. No other business shall be considered at those meetings
by the governing board. The written notice may be dispensed with as
to any member who at or prior to the time the meeting convenes files
with the clerk or secretary of the board a written waiver of notice.
The waiver may be given by telegram. The written notice may also be
dispensed with as to any member who is actually present at the
meeting at the time it convenes.
The call and notice shall be posted at least 24 hours prior to the
special meeting in a location that is freely accessible to members
of the public and district employees.

35145. All meetings of the governing board of any school district
shall be open to the public and shall be conducted in accordance with
Chapter 9 (commencing with Section 54950) of Division 2 of Title 5
of the Government Code. All actions authorized or required by law of
the governing board shall be taken at the meetings and shall be
subject to the following requirements:
(a) Minutes shall be taken at all of those meetings, recording all
actions taken by the governing board. The minutes are public records
and shall be available to the public.
(b) An agenda shall be posted by the governing board, or its
designee, in accordance with the requirements of Section 54954.2 of
the Government Code. Any interested person may commence an action by
mandamus or injunction pursuant to Section 54960.1 of the Government
Code for the purpose of obtaining a judicial determination that any
action taken by the governing board in violation of this subdivision
or Section 35144 is null and void.

35145.5. It is the intent of the Legislature that members of the
public be able to place matters directly related to school district
business on the agenda of school district governing board meetings.
Every agenda for regular meetings shall provide an opportunity for
members of the public to directly address the governing board on any
item of interest to the public, before or during the governing board'
s consideration of the item, that is within the subject matter
jurisdiction of the governing board. Governing boards shall adopt
reasonable regulations to insure that this intent is carried out. The
regulations may specify reasonable procedures to insure the proper
functioning of governing board meetings.
This subdivision shall not preclude the taking of testimony at
regular meetings on matters not on the agenda which any member of the
public may wish to bring before the board, provided that, except as
authorized by Section 54954.2 of the Government Code, no action is
taken by the board on those matters at the same meeting at which the
testimony is taken. Nothing in this paragraph shall be deemed to
limit further discussion on the same subject matter at a subsequent
meeting.

35146. Notwithstanding the provisions of Section 35145 of this code
and Section 54950 of the Government Code, the governing body of a
school district shall, unless a request by the parent has been made
pursuant to this section, hold closed sessions if the board is
considering the suspension of, or disciplinary action or any other
action except expulsion in connection with any pupil of the school
district, if a public hearing upon such question would lead to the
giving out of information concerning school pupils which would be in
violation of Article 5 (commencing with Section 49073) of Chapter 6.5
of Part 27 of this code.
Before calling such closed session of the governing board of the
district to consider these matters, the governing board of the
district shall, in writing, by registered or certified mail or by
personal service, if the pupil is a minor, notify the pupil and his
or her parent or guardian, or the pupil if the pupil is an adult, of
the intent of the governing board of the district to call and hold
such closed session. Unless the pupil, or his or her parent, or
guardian shall, in writing, within 48 hours after receipt of such
written notice of intention, request that the hearing of the
governing board be held as a public meeting, then the hearing to
consider such matters shall be conducted by the governing board in
closed session. If such written request is served upon the clerk or
secretary of the governing board, the meeting shall be public except
that any discussion at such meeting that might be in conflict with
the right to privacy of any pupil other than the pupil requesting the
public meeting or on behalf of whom such meeting is requested, shall
be in closed session. Whether the matter is considered at a closed
session or at a public meeting, the final action of the governing
board of the school district shall be taken at a public meeting and
the result of such action shall be a public record of the school
district.

35147. (a) Except as specified in this section, any meeting of the
councils or committees specified in subdivision (b) is exempt from
the provisions of this article, the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Division 3
of Title 2 of the Government Code), and the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Division 2 of Title 5
of the Government Code).
(b) The councils and schoolsite advisory committees established
pursuant to Sections 52012, 52065, 52176, and 52852, subdivision (b)
of Section 54425, Sections 54444.2, 54724, and 62002.5, and
committees formed pursuant to Section 11503 or Section 2604 of Title
25 of the United States Code, are subject to this section.
(c) Any meeting held by a council or committee specified in
subdivision (b) shall be open to the public and any member of the
public shall be able to address the council or committee during the
meeting on any item within the subject matter jurisdiction of the
council or committee. Notice of the meeting shall be posted at the
schoolsite, or other appropriate place accessible to the public, at
least 72 hours before the time set for the meeting. The notice shall
specify the date, time, and location of the meeting and contain an
agenda describing each item of business to be discussed or acted
upon. The council or committee may not take any action on any item of
business unless that item appeared on the posted agenda or unless
the council or committee members present, by unanimous vote, find
that there is a need to take immediate action and that the need for
action came to the attention of the council or committee subsequent
to the posting of the agenda. Questions or brief statements made at a
meeting by members of the council, committee, or public that do not
have a significant effect on pupils or employees in the school or
school district or that can be resolved solely by the provision of
information need not be described on an agenda as items of business.
If a council or committee violates the procedural meeting
requirements of this section and upon demand of any person, the
council or committee shall reconsider the item at its next meeting,
after allowing for public input on the item.
(d) Any materials provided to a schoolsite council shall be made
available to any member of the public who requests the materials
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1).

35149. The first meeting of any newly elected or appointed school
district governing board, and any annual meeting required by law to
be held by such board for purposes of its organization, shall be
deemed a regular meeting of the board for purposes of any requirement
of law that periodic meetings shall be held by such board, and the
regular business of the board may be transacted at such a meeting.