SECTIONS 35160-35178.4 - California Statutes

EDUCATION CODE

SECTION 35160-35178.4

35160. On and after January 1, 1976, the governing board of any
school district may initiate and carry on any program, activity, or
may otherwise act in any manner which is not in conflict with or
inconsistent with, or preempted by, any law and which is not in
conflict with the purposes for which school districts are
established.

35160.1. (a) The Legislature finds and declares that school
districts, county boards of education, and county superintendents of
schools have diverse needs unique to their individual communities and
programs. Moreover, in addressing their needs, common as well as
unique, school districts, county boards of education, and county
superintendents of schools should have the flexibility to create
their own unique solutions.
(b) In enacting Section 35160, it is the intent of the Legislature
to give school districts, county boards of education, and county
superintendents of schools broad authority to carry on activities and
programs, including the expenditure of funds for programs and
activities which, in the determination of the governing board of the
school district, the county board of education, or the county
superintendent of schools are necessary or desirable in meeting their
needs and are not inconsistent with the purposes for which the funds
were appropriated. It is the intent of the Legislature that Section
35160 be liberally construed to effect this objective.
(c) The Legislature further declares that the adoption of this
section is a clarification of existing law under Section 35160.

35160.2. For the purposes of Section 35160, "school district" shall
include county superintendents of schools and county boards of
education.
This section shall be interpreted to be declaratory of existing
law.

35160.5. (a) The governing board of each school district that
maintains one or more schools containing any of grades 7 to 12,
inclusive, as a condition for the receipt of an inflation adjustment
pursuant to Section 42238.1, shall establish a school district policy
regarding participation in extracurricular and cocurricular
activities by pupils in grades 7 to 12, inclusive. The criteria,
which shall be applied to extracurricular and cocurricular
activities, shall ensure that pupil participation is conditioned upon
satisfactory educational progress in the previous grading period.
(1) For purposes of this subdivision, "extracurricular activity"
means a program that has all of the following characteristics:
(A) The program is supervised or financed by the school district.
(B) Pupils participating in the program represent the school
district.
(C) Pupils exercise some degree of freedom in either the
selection, planning, or control of the program.
(D) The program includes both preparation for performance and
performance before an audience or spectators.
(2) For purposes of this subdivision, an "extracurricular activity"
is not part of the regular school curriculum, is not graded, does
not offer credit, and does not take place during classroom time.
(3) For purposes of this subdivision, a "cocurricular activity" is
defined as a program that may be associated with the curriculum in a
regular classroom.
(4) Any teacher graded or required program or activity for a
course that satisfies the entrance requirements for admission to the
California State University or the University of California is not an
extracurricular or cocurricular activity as defined by this section.
(5) For purposes of this subdivision, "satisfactory educational
progress" shall include, but not necessarily be limited to, both of
the following:
(A) Maintenance of minimum passing grades, which is defined as at
least a 2.0 grade point average in all enrolled courses on a 4.0
scale.
(B) Maintenance of minimum progress toward meeting the high school
graduation requirements prescribed by the governing board.
(6) For purposes of this subdivision, "previous grading period"
does not include a grading period in which the pupil was not in
attendance for all, or a majority of, the grading period due to
absences excused by the school for reasons such as serious illness or
injury, approved travel, or work. In that event, "previous grading
period" is deemed to mean the grading period immediately prior to the
grading period or periods excluded pursuant to this paragraph.
(7) A program that has, as its primary goal, the improvement of
academic or educational achievements of pupils is not an
extracurricular or cocurricular activity as defined by this section.
(8) The governing board of each school district may adopt, as part
of its policy established pursuant to this subdivision, provisions
that would allow a pupil who does not achieve satisfactory
educational progress, as defined in paragraph (5), in the previous
grading period to remain eligible to participate in extracurricular
and cocurricular activities during a probationary period. The
probationary period shall not exceed one semester in length, but may
be for a shorter period of time, as determined by the governing board
of the school district. A pupil who does not achieve satisfactory
educational progress, as defined in paragraph (5), during the
probationary period shall not be allowed to participate in
extracurricular and cocurricular activities in the subsequent grading
period.
(9) Nothing in this subdivision shall preclude the governing board
of a school district from imposing a more stringent academic
standard than that imposed by this subdivision. If the governing
board of a school district imposes a more stringent academic
standard, the governing board shall establish the criteria for
participation in extracurricular and cocurricular activities at a
meeting open to the public pursuant to Section 35145.
(10) The governing board of each school district annually shall
review the school district policies adopted pursuant to the
requirements of this section.
(b) (1) On or before July 1, 1994, the governing board of each
school district, as a condition for the receipt of school
apportionments from the state school fund, shall adopt rules and
regulations establishing a policy of open enrollment within the
district for residents of the district. This requirement does not
apply to a school district that has only one school or a school
district with schools that do not serve any of the same grade levels.
(2) The policy shall include all of the following elements:
(A) It shall provide that the parent or guardian of each schoolage
child who is a resident in the district may select the schools the
child shall attend, irrespective of the particular locations of his
or her residence within the district, except that school districts
shall retain the authority to maintain appropriate racial and ethnic
balances among their respective schools at the school districts'
discretion or as specified in applicable court-ordered or voluntary
desegregation plans.
(B) It shall include a selection policy for a school that receives
requests for admission in excess of the capacity of the school that
ensures that selection of pupils to enroll in the school is made
through a random, unbiased process that prohibits an evaluation of
whether a pupil should be enrolled based upon his or her academic or
athletic performance. The governing board of a school district shall
calculate the capacity of the schools in the district for purposes of
this subdivision in a nonarbitrary manner using pupil enrollment and
available space. However, school districts may employ existing
entrance criteria for specialized schools or programs if the criteria
are uniformly applied to all applicants. This subdivision shall not
be construed to prohibit school districts from using academic
performance to determine eligibility for, or placement in, programs
for gifted and talented pupils established pursuant to Chapter 8
(commencing with Section 52200) of Part 28 of Division 4.
(C) It shall provide that no pupil who currently resides in the
attendance area of a school shall be displaced by pupils transferring
from outside the attendance area.
(3) Notwithstanding the requirement of subparagraph (B) of
paragraph (2) that the policy include a selection policy for a school
that receives requests for admission in excess of the capacity of
the school that ensures that the selection is made through a random,
unbiased process, the policy may include either of the following
elements:
(A) (i) It may provide that special circumstances exist that might
be harmful or dangerous to a particular pupil in the current
attendance area of the pupil, including, but not necessarily limited
to, threats of bodily harm or threats to the emotional stability of
the pupil, that serve as a basis for granting a priority of
attendance outside the current attendance area of the pupil. A
finding of harmful or dangerous special circumstances shall be based
upon either of the following:
(I) A written statement from a representative of the appropriate
state or local agency, including, but not necessarily limited to, a
law enforcement official or a social worker, or properly licensed or
registered professionals, including, but not necessarily limited to,
psychiatrists, psychologists, or marriage and family therapists.
(II) A court order, including a temporary restraining order and
injunction, issued by a judge.
(ii) A finding of harmful or dangerous special circumstances
pursuant to this subparagraph may be used by a school district to
approve transfers within the district to schools that have been
deemed by the school district to be at capacity and otherwise closed
to transfers that are not based on harmful or dangerous special
circumstances.
(B) It may provide that schools receiving requests for admission
shall give priority for attendance to siblings of pupils already in
attendance in that school and to pupils whose parent or legal
guardian is assigned to that school as his or her primary place of
employment.
(4) To the extent required and financed by federal law and at the
request of the pupil's parent or guardian, each school district shall
provide transportation assistance to the pupil.

35161. The governing board of any school district may execute any
powers delegated by law to it or to the district of which it is the
governing board, and shall discharge any duty imposed by law upon it
or upon the district of which it is the governing board, and may
delegate to an officer or employee of the district any of those
powers or duties. The governing board, however, retains ultimate
responsibility over the performance of those powers or duties so
delegated.

35162. In the name by which the district is designated the
governing board may sue and be sued, and hold and convey property for
the use and benefit of the school district.

35163. Every official action taken by the governing board of every
school district shall be affirmed by a formal vote of the members of
the board, and the governing board of every school district shall
keep minutes of its meetings, and shall maintain a journal of its
proceedings in which shall be recorded every official act taken.

35164. The governing board shall act by majority vote of all of the
membership constituting the governing board.

35165. Notwithstanding any other provision of law, if a school
district governing board consists of seven (7) members and not more
than two vacancies occur on the governing board, the vacant position
or positions shall not be counted for purposes of determining how
many members of the board constitute a majority; and, whenever any of
the provisions of this code require unanimous action of all or a
specific number of the members elected or appointed to the governing
board, the vacant position or positions shall be excluded from
determination of the total membership constituting the governing
board.

35166. The governing board of each unified school district shall
have the same powers and duties as are by law granted to the
governing boards of the elementary school districts, and high school
districts.

35167. Except where otherwise provided, all of the provisions of
this code applicable to the government, maintenance, support,
functions, and administration of elementary and high school districts
are applicable to the government, maintenance, support, and
administration of unified school districts.

35168. The governing board of each school district, shall establish
and maintain a historical inventory, or an audit trace inventory
system, or any other inventory system authorized by the State Board
of Education, which shall contain the description, name,
identification numbers, and original cost of all items of equipment
acquired by it whose current market value exceeds five hundred
dollars ($500) per item, the date of acquisition, the location of
use, and the time and mode of disposal. A reasonable estimate of the
original cost may be used if the actual original cost is unknown.

35170. The governing board of any school district may secure
copyrights, in the name of the district, to all copyrightable works
developed by the school district, and royalties or revenue from said
copyrights are to be for the benefit of the school district securing
said copyrights.

35171. The governing board of any school district shall adopt and
cause to be printed and made available to each certificated employee
of the district reasonable rules and regulations providing for the
evaluation of the performance of certificated employees in their
assigned duties.

35172. The governing board of any school district may:
(a) Conduct studies through research and investigation as are
determined by it to be required in connection with the present and
future management, conditions, needs, and financial support of the
schools; or join with other school district governing boards in the
conduct of such studies.
(b) Install and maintain exhibits of educational programs and
activities of the school district at any county fair held in the
county in which the district is located in whole or in part, or at
any agricultural district fair held in the county in which the school
district is located in whole or in part.
(c) Inform and make known to the citizens of the district, the
educational programs and activities of the schools therein.
(d) Subscribe for membership for any school under its jurisdiction
in any society, association, or organization which has for its
purpose the promotion and advancement of public or private education.
(e) Subscribe for membership in, or otherwise become a member of,
any national, state or local organization of governing boards of
school districts or members thereof which has for its purposes the
promotion and advancement of public education through research and
investigation, and the cooperation with persons and associations
whose interests and purposes are the betterment of the educational
opportunities of the children of the state.
(f) Select a member or members of the board to attend meetings of
any society, association, or organization for which the school
district has subscribed for membership, or any convention to which it
may pay the expenses of any employee.

35175. The powers and duties of boards of education in cities are
as prescribed in the laws governing the respective cities, except as
otherwise provided by this code.

35177. The governing board of a district may by resolution limit
campaign expenditures or contributions in elections to district
offices.

35178. A member of the governing board of a school district who has
tendered a resignation with a deferred effective date pursuant to
Section 5090 shall, until the effective date of the resignation,
continue to have the right to exercise all powers of a member of the
governing board, except that such member shall not have the right to
vote for his or her successor in an action taken by the board to make
a provisional appointment pursuant to Section 5091.

35178.4. (a) A school district governing board shall give official
notice at a regularly scheduled school board meeting if a public
school within the district that has elected to be accredited by the
Western Association of Schools and Colleges (WASC) or any other
chartered accrediting agency loses its accreditation status.
(b) If a school loses its accreditation status, the school
district shall notify each parent or guardian of the pupils in the
school that the school has lost its accreditation status, in writing,
and this notice shall indicate the potential consequences of the
school's loss of accreditation status. This notice shall also be
posted on the school district's Internet Web site and the school's
Internet Web site, if any.
(c) A school district that has within its jurisdiction a school
that has elected to be accredited by WASC or any other chartered
accrediting agency shall require that school to publish all results
of any inspection of the school by the accrediting agency not later
than 60 days after the results are made available to the school.
Publication shall be either by notifying each parent or guardian in
writing or by posting the information on the school district's
Internet Web site or the school's Internet Web site, or by any
combination of these methods, as determined by the school district.