SECTIONS 5000-5033 - California Statutes

EDUCATION CODE

SECTION 5000-5033

5000. After the initial election of governing board members in any
school district or community college district, a governing board
member election shall be held biennially on the first Tuesday after
the first Monday in November of each succeeding odd-numbered year to
fill the offices of members whose terms expire on the first Friday in
December next succeeding the election. Except as provided in this
chapter, or in Chapter 2 (commencing with Section 5200) , the
elections shall be held and conducted in accordance with Chapter 3
(commencing with Section 5300).

5009. The governing board of any school district or community
college district having trustee areas and which elects more than one
member from any of such trustee areas may, by resolution, provide for
the staggering of terms of members elected from any of such
multiple-member trustee areas.
The resolution shall provide that at the initial election after
adoption of the resolution, one or more members elected from a
trustee area will be elected for two-year terms and that one or more
members elected from such trustee area will be elected for four-year
terms, and that thereafter all members elected from such trustee area
will be elected for four-year terms. Immediately after the initial
election, the newly elected members from such trustee area shall draw
lots to determine which of the members shall serve a two-year term
and which of the members shall serve a four-year term.

5013. The form of ballot for governing board member elections shall
be governed by Chapter 2 (commencing with Section 13100) of Division
13 of the Elections Code.

5014. Any election held for the purpose of electing governing board
members of any school district, or community college district,
including additional governing board members as provided by Section
5018 shall be held and conducted in accordance with the uniform
procedures set forth in Chapter 3 (commencing with Section 5300) of
this part.

5015.7. If the governing board of Santa Clarita Community College
adopts election procedures with number assignments to each board seat
pursuant to Section 5015.5, this system shall remain in effect until
the governing board, by a resolution adopted by a two-thirds vote of
the board, discontinues numbered seats and returns to procedures
under Section 5015.

5016. (a) If a tie vote makes it impossible to determine either
which of two or more candidates has been elected to the governing
board or the term of office of a governing board member, the county
superintendent of schools having jurisdiction shall so certify to the
governing board.
(b) The governing board may either call a runoff election or
determine the winner or winners by lot. Prior to conducting any
school board election on or after March 1, 1977, the governing board
of each school district shall establish which of such procedures is
to be employed by the district in the event of a tie vote.
(c) If the governing board decides to determine the winner by lot,
the governing board shall forthwith notify the candidates who have
received the tie votes to appear before it either personally or by a
representative at a time and place designated by the governing board.
The governing board shall at that time and place determine the
winner or winners by lot.
(d) If the governing board decides to call a runoff election, it
shall call a runoff election to be held in the district on the sixth
Tuesday following the election at which the tie vote occurred. Only
the candidates receiving the tie votes shall appear on the ballots.
Any member of the governing board who will be succeeded by a winner
of the runoff election and whose term would expire before the winner
of the runoff election would be determined shall continue to
discharge the duties of his office until his successor has qualified.
The runoff election shall be called and conducted substantially in
the manner provided in Chapter 3 (commencing with Section 5300) of
this part, provided, that the governing board shall determine the
adjustments of the time requirements prescribed therein which would
be necessary in order to conduct the runoff election.

5017. Each person elected at a regular biennial governing board
member election shall hold office for a term of four years commencing
on the first Friday in December next succeeding his or her election.
Any member of the governing board of a school district or community
college district whose term has expired shall continue to discharge
the duties of the office until his or her successor has qualified.
The term of the successor shall begin upon the expiration of the term
of his or her predecessor.

5018. Any elementary school district having a governing board of
three members may, and any elementary school district having a
governing board of three members whose average daily attendance
during the preceding fiscal year was 300 or more shall do either of
the following:
(a) By its own action determine that the number of members of the
governing board shall be increased to five, in which case two
additional members shall be elected at an upcoming established
election date, as specified in Section 1000 of the Elections Code,
determined by the board.
(b) Request the county superintendent of schools having
jurisdiction to submit the question of whether the number of members
of the governing board shall be increased to five to the voters of
the elementary school district at an upcoming established election
date, as specified in Section 1000 of the Elections Code, determined
by the county superintendent of schools. At the same election, two
additional members shall be elected to take office if the number of
governing board members is increased.
Candidates for the two additional offices shall state in the
declarations of candidacy filed for the election that the candidates
are candidates for the two additional offices separately from the
other offices to be filled in the election and shall clearly indicate
to the voters that they may vote for two of the candidates to take
office if the voters approve the proposed increase in the number of
board members.
If the voters at the election do not approve the increase in
membership of the governing board, the same question may be submitted
to the voters at subsequent governing board member elections.
Requests to the county superintendent to submit the question to the
voters of a district shall be filed with him or her by the governing
board of the district no later than 100 days prior to the election.
If, pursuant to either subdivision (a) or subdivision (b), two
additional governing board members are authorized and elected, the
one receiving the higher number of votes shall hold office for a term
commencing the first day of the month following the election until
the first Friday in December in the second succeeding year following
the election in which a regular governing board election is held, and
the other one shall hold office for a term commencing the first day
of the month following the election until the first Friday in
December in the first succeeding year following the election in which
a regular governing board election is held. Thereafter the governing
board shall be composed of five members elected in the same manner
and for the same term as governing boards having five members.

5019. (a) Except in a school district governed by a board of
education provided for in the charter of a city or city and county,
in any school district or community college district, the county
committee on school district organization may establish trustee
areas, rearrange the boundaries of trustee areas, abolish trustee
areas, and increase to seven or decrease to five the number of
members of the governing board, or adopt one of the alternative
methods of electing governing board members specified in Section
5030.
(b) The county committee on school district organization may
establish or abolish a common governing board for a high school
district and an elementary school district within the boundaries of
the high school district. The resolution of the county committee on
school district organization approving the establishment or abolition
of a common governing board shall be presented to the electors of
the school districts as specified in Section 5020.
(c) (1) A proposal to make the changes described in subdivision
(a) or (b) may be initiated by the county committee on school
district organization or made to the county committee on school
district organization either by a petition signed by 5 percent or 50,
whichever is less, of the qualified registered voters residing in a
district in which there are 2,500 or fewer qualified registered
voters, by 3 percent or 100, whichever is less, of the qualified
registered voters residing in a district in which there are 2,501 to
10,000 qualified registered voters, by 1 percent or 250, whichever is
less, of the qualified registered voters residing in a district in
which there are 10,001 to 50,000 qualified registered voters, by 500
or more of the qualified registered voters residing in a district in
which there are 50,001 to 100,000 qualified registered voters, by 750
or more of the qualified registered voters residing in a district in
which there are 100,001 to 250,000 qualified registered voters, or
by 1,000 or more of the qualified registered voters residing in a
district in which there are 250,001 or more qualified registered
voters or by resolution of the governing board of the district. For
this purpose, the necessary signatures for a petition shall be
obtained within a period of 180 days before the submission of the
petition to the county committee on school district organization and
the number of qualified registered voters in the district shall be
determined pursuant to the most recent report submitted by the county
elections official to the Secretary of State under Section 2187 of
the Elections Code.
(2) When a proposal is made pursuant to paragraph (1), the county
committee on school district organization shall call and conduct at
least one hearing in the district on the matter. At the conclusion of
the hearing, the county committee on school district organization
shall approve or disapprove the proposal.
(d) If the county committee on school district organization
approves pursuant to subdivision (a) the rearrangement of the
boundaries of trustee areas for a particular district, then the
rearrangement of the trustee areas shall be effectuated for the next
district election occurring at least 120 days after its approval,
unless at least 5 percent of the registered voters of the district
sign a petition requesting an election on the proposed rearrangement
of trustee area boundaries. The petition for an election shall be
submitted to the county elections official within 60 days of the
proposal's adoption by the county committee on school district
organization. If the qualified registered voters approve pursuant to
subdivision (b) or (c) the rearrangement of the boundaries to the
trustee areas for a particular district, the rearrangement of the
trustee areas shall be effective for the next district election
occurring at least 120 days after its approval by the voters.

5019.5. (a) Following each decennial federal census, and using
population figures as validated by the Population Research Unit of
the Department of Finance as a basis, the governing board of each
school district or community college district in which trustee areas
have been established, and in which each trustee is elected by the
residents of the area he or she represents, shall adjust the
boundaries of any or all of the trustee areas of the district so that
one or both of the following conditions is satisfied:
(1) The population of each area is, as nearly as may be, the same
proportion of the total population of the district as the ratio that
the number of governing board members elected from the area bears to
the total number of members of the governing board.
(2) The population of each area is, as nearly as may be, the same
proportion of the total population of the district as each of the
other areas.
(b) The boundaries of the trustee areas shall be adjusted by the
governing board of each school district or community college
district, in accordance with subdivision (a), before the first day of
March of the year following the year in which the results of each
decennial census are released. If the governing board fails to adjust
the boundaries before the first day of March of the year following
the year in which the results of each decennial census are released,
the county committee on school district organization shall do so
before the 30th day of April of the same year.
The governing board of the school district or community college
district shall reimburse all reasonable costs incurred by a county
committee in adjusting the boundaries pursuant to this subdivision.
(c) Except to the extent that the adjustment of trustee area
boundaries is necessary for the purposes set forth in this section,
the authority to establish or abolish trustee areas, rearrange the
boundaries of trustee areas, increase or decrease the number of
members of the governing board, or adopt any method of electing
governing board members may be exercised only as otherwise provided
under this article.

5019.7. Section 5019.5 shall not apply to multiple campus community
college districts with campuses in more than one county.

5020. (a) The resolution of the county committee approving a
proposal to establish or abolish trustee areas, to adopt one of the
alternative methods of electing governing board members specified in
Section 5030, or to increase or decrease the number of members of the
governing board shall constitute an order of election, and the
proposal shall be presented to the electors of the district not later
than the next succeeding election for members of the governing
board.
(b) If a petition requesting an election on a proposal to
rearrange trustee area boundaries is filed, containing at least 5
percent of the signatures of the district's registered voters as
determined by the elections official, the proposal shall be presented
to the electors of the district, at the next succeeding election for
the members of the governing board, at the next succeeding statewide
primary or general election, or at the next succeeding regularly
scheduled election at which the electors of the district are
otherwise entitled to vote, provided that there is sufficient time to
place the issue on the ballot.
(c) If a petition requesting an election on a proposal to
establish or abolish trustee areas, to increase or decrease the
number of members of the board, or to adopt one of the alternative
methods of electing governing board members specified in Section 5030
is filed, containing at least 10 percent of the signatures of the
district's registered voters as determined by the elections official,
the proposal shall be presented to the electors of the district, at
the next succeeding election for the members of the governing board,
at the next succeeding statewide primary or general election, or at
the next succeeding regularly scheduled election at which the
electors of the district are otherwise entitled to vote, provided
that there is sufficient time to place the issue on the ballot.
Before the proposal is presented to the electors, the county
committee on school district organization may call and conduct one or
more public hearings on the proposal.
(d) The resolution of the county committee approving a proposal to
establish or abolish a common governing board for a high school and
an elementary school district within the boundaries of the high
school district shall constitute an order of election. The proposal
shall be presented to the electors of the district at the next
succeeding statewide primary or general election, or at the next
succeeding regularly scheduled election at which the electors of the
district are otherwise entitled to vote, provided that there is
sufficient time to place the issue on the ballot.
(e) For each proposal there shall be a separate proposition on the
ballot. The ballot shall contain the following words:

"For the establishment (or abolition or rearrangement) of trustee
areas in ____ (insert name) School District--Yes" and "For the
establishment (or abolition or rearrangement) of trustee areas in
____ (insert name) School District--No."
"For increasing the number of members of the governing board of
____ (insert name) School District from five to seven--Yes" and "For
increasing the number of members of the governing board of ____
(insert name) School District from five to seven--No."
"For decreasing the number of members of the governing board of
____ (insert name) School District from seven to five--Yes" and "For
decreasing the number of members of the governing board of ____
(insert name) School District from seven to five--No."
"For the election of each member of the governing board of the
____ (insert name) School District by the registered voters of the
entire ____ (insert name) School District--Yes" and "For the election
of each member of the governing board of the ____ (insert name)
School District by the registered voters of the entire ____ (insert
name) School District--No."
"For the election of one member of the governing board of the ____
(insert name) School District residing in each trustee area elected
by the registered voters in that trustee area--Yes" and "For the
election of one member of the governing board of the ____ (insert
name) School District residing in each trustee area elected by the
registered voters in that trustee area--No."
"For the election of one member, or more than one member for one
or more trustee areas, of the governing board of the ____ (insert
name) School District residing in each trustee area elected by the
registered voters of the entire ____ (insert name) School
District--Yes" and "For the election of one member, or more than one
member for one or more trustee areas, of the governing board of the
____ (insert name) School District residing in each trustee area
elected by the registered voters of the entire ____ (insert name)
School District--No."
"For the establishment (or abolition) of a common governing board
in the ____ (insert name) School District and the ____ (insert name)
School District--Yes" and "For the establishment (or abolition) of a
common governing board in the ____ (insert name) School District and
the ____ (insert name) School District--No."

If more than one proposal appears on the ballot, all must carry in
order for any to become effective, except that a proposal to adopt
one of the methods of election of board members specified in Section
5030 which is approved by the voters shall become effective unless a
proposal which is inconsistent with that proposal has been approved
by a greater number of voters. An inconsistent proposal approved by a
lesser number of voters than the number which have approved a
proposal to adopt one of the methods of election of board members
specified in Section 5030 shall not be effective.

5021. (a) If a proposal for the establishment of trustee areas
formulated under Sections 5019 and 5020 is approved by a majority of
the voters voting at the election, any affected incumbent board
member shall serve out his or her term of office and succeeding board
members shall be nominated and elected in accordance with Section
5030. In the event two or more trustee areas are established at such
election which are not represented in the membership of the governing
board of the school district, or community college district the
county committee shall determine by lot the trustee area from which
the nomination and election for the next vacancy on the governing
board shall be made.
(b) If a proposal for rearrangement of boundaries is approved by a
majority of the voters voting on the measure, or by the county
committee on school district organization when no election is
required, and if the boundary changes affect the board membership,
any affected incumbent board member shall serve out his or her term
of office and succeeding board members shall be nominated and elected
in accordance with Section 5030.
(c) If a proposal for abolishing trustee areas is approved by a
majority of the voters voting at the election, the incumbent board
members shall serve out their terms of office and succeeding board
members shall be nominated and elected at large from the district.

5022. If the number of members of the governing board is increased
from five to seven, the two additional members of the board of
trustees shall be appointed by the governing board of the district,
with the term of one of those two additional appointees being
designated to expire on the first Friday in December of the next
succeeding odd-numbered year and the term of the other appointee
being designated to expire on the first Friday in December of the
second succeeding odd-numbered year.

5023. (a) Whenever an elementary, high school or unified school
district or a portion of any such district is annexed to another
school district in which trustee areas have been established the
county committee on school district organization of the county having
jurisdiction over the annexing district shall study and make
recommendations with respect to trustee areas of the annexing
district as enlarged. Procedures contained in Section 5019 shall be
used for purposes of this section.
(b) Recommendations adopted under provisions of subdivision (a),
if approved by the electors, shall become effective on the same date
that the annexing district as enlarged becomes effective for all
purposes.

5024. The county committee may provide that an election to elect
trustees, pursuant to its recommendations under Section 5023, shall
be held at the same time as is held the election to effect a change
in trustee areas.

5025. In the event an election is called pursuant to Section 5020,
the county superintendent of schools having jurisdiction shall, as to
each trustee area having more than its allotted number of
representatives in the membership of the governing board for the next
succeeding school year, determine by lot which of said
representatives shall relinquish their offices either immediately
upon the election and qualification of the governing board members
who are elected as provided in Section 5024 or on the first day of
April next succeeding the election establishing trustee areas in the
district, whichever is the later.

5026. Members elected to fill vacancies created pursuant to Section
5025 shall serve out the unexpired term of the office that was
terminated.
The county committee shall designate by lot for each newly formed
trustee area the expiring term of office for which a member shall be
elected.

5027. Whenever the boundaries of a county high school district are
coterminous with the boundaries of a county, the board shall consist
of one member from each supervisorial district in the county elected
at large from the district.

5028. In every community college district which was divided into
five wards on or before September 7, 1955, one member of the board
shall be elected from each ward by the registered voters of the ward.
On or before January 1st of a fiscal year the governing board of the
district may rearrange the boundaries of the wards to provide for
representation in accordance with population and geographic factors
or may abolish the wards.

5029. Notwithstanding Section 5028, when a community college
trustee ward boundary line falls upon an election precinct boundary
line, and the election precinct boundary line is changed pursuant to
Chapter 3 (commencing with Section 12200) of Division 12 of the
Elections Code, the governing board of the district shall, at least
120 days prior to any trustee election, change the ward boundary line
to conform to precinct boundary lines, where possible.

5030. Except as provided in Sections 5027 and 5028, in any school
district or community college district having trustee areas, the
county committee on school district organization and the registered
voters of a district, pursuant to Sections 5019 and 5020,
respectively, may at any time recommend one of the following
alternate methods of electing governing board members:
(a) That each member of the governing board be elected by the
registered voters of the entire district.
(b) That one or more members residing in each trustee area be
elected by the registered voters of that particular trustee area.
(c) That each governing board member be elected by the registered
voters of the entire school district or community college district,
but reside in the trustee area which he or she represents.
The recommendation shall provide that any affected incumbent
member shall serve out his or her term of office and that succeeding
board members shall be nominated and elected in accordance with the
method recommended by the county committee.
Whenever trustee areas are established in a district, provision
shall be made for one of the alternative methods of electing
governing board members.
In counties with a population of less than 25,000, the county
committee on school district organization or the county board of
education, if it has succeeded to the duties of the county committee,
may at any time, by resolution, with respect to trustee areas
established for any school district, other than a community college
district, amend the provision required by this section without
additional approval by the electors, to require one of the alternate
methods for electing board members to be utilized.

5030.5. Notwithstanding any other provision of law, the members of
the governing board in the Sweetwater Union High School District may
be elected under a method, as approved pursuant to Section 5019, that
would require all of the following:
(a) That each membership position on the governing board be
identified, by number or otherwise.
(b) That each person seeking election to the governing board be
required to declare his or her candidacy for only one of those
identified membership positions.
(c) That each of those identified membership positions on the
governing board be filled by the election of registered voters of the
entire district.

5030.6. Notwithstanding any other provision of law, the members of
the governing board of the Chula Vista Elementary School District may
be elected under a method, as approved pursuant to Section 5019,
that would require all of the following:
(a) That each membership position on the governing board be
identified, by number or otherwise.
(b) That each person seeking election to the governing board be
required to declare his or her candidacy for only one of those
identified membership positions.
(c) That each of those identified membership positions on the
governing board be filled by an election that includes the registered
voters of the entire district.

5030.7. Notwithstanding any other provision of law, the members of
the governing board of the Santee Elementary School District may be
elected under a method, as approved pursuant to Section 5019, that
would require all of the following:
(a) That each membership position on the governing board be
identified, by number or otherwise.
(b) That each person seeking election to the governing board be
required to declare his or her candidacy for only one of those
identified membership positions.
(c) That each of those identified membership positions on the
governing board be filled by an election that includes the registered
voters of the entire district.

5031. Whenever a school district or community college district is
divided for governing board membership purposes into wards,
supervisorial districts, or trustee areas, the county superintendent
of schools shall prepare and keep in his or her office a map showing
the boundaries of such subdivisions of all districts under his or her
jurisdiction. Whenever a proposal to initiate a change in trustee
area boundaries is submitted to a county committee on school district
organization pursuant to Section 5019 by resolution of the governing
board of a district, and the proposal is approved, the costs of
preparing, developing, and duplicating the maps and legal
descriptions shall be borne by the district.
The county superintendent shall also prepare and keep in his or
her office a record of all actions taken by the county committee on
district organization in connection with trustee area boundaries.

5033. No member of the governing board of any district included
wholly or partially included in a unified school district formed
under the provisions of Chapter 2 (commencing with Section 4200) of
Part 3 of this division shall be a member of the governing board of
the unified school district unless elected thereto.