SECTIONS 5200-5208 - California Statutes

EDUCATION CODE

SECTION 5200-5208

5200. Any unified school district that is coterminous with or
includes within its boundaries a chartered city or city and county
shall be governed by the board of education provided for in the
charter of the city or city and county. Sections 5000, 5017, 5090,
5091, 35013, 35101, and 35105 shall not apply to such unified school
districts, except as follows:
(a) As provided in the charter of the city or city and county.
(b) If the charter of the city or city and county fails to provide
for a board of education or for any or all of the matters specified
in Sections 5000, 5017, 5090, 5091, 5222, 35013, 35101, and 35105,
those sections shall apply as to the matter not provided for in the
charter.

5201. A school district, or community college district a portion of
which is embraced within the limits of any city governed by a
charter proposed and adopted as provided by Section 5 of Article XI
of the California Constitution, may be subject to, controlled, and
governed by the provisions of the charter relating to and providing
for the management of public schools in the manner hereinafter in
this article provided, upon approval of a majority of the electors of
the districts voting at a regular biennial school district governing
board member election.
The governing board of any such district may, in the resolution
specifying the order of any such regular governing board member
election, require that the question of whether the district shall be
governed by the provisions of the charter be submitted to the voters
of the district.
If the governing board so requires, the ballots used at the
election shall contain the words "Shall the (name of district) be
governed by the charter of the City of ____ " and the words "Yes" and
"No" so placed that the voters may clearly indicate their choice in
this connection.
If it appears from the returns that a majority of the votes cast
on the proposition is in favor of the proposal, then the county
superintendent of schools having jurisdiction shall certify the
result to the board of education provided for in the charter of the
city. From and after the date of the certificate the district shall
be governed by the provisions of the charter relating to the
establishment, management, and control of the public schools, and all
of the qualified electors residing in the district, whether residing
within or without the boundaries of the city, shall be entitled to
vote for members of the board of education at any election held for
that purpose.

5202. If any school district or community college district or
portion of any such district is embraced within the corporate limits
of a city having a charter, and the electors of the district have
participated in and voted at any school election held subsequent to
the adoption of and under the provisions of the charter, they shall
be deemed to have submitted to be governed in all matters relating to
the management of public schools within the school district or high
school district or community college district as fully and to all
intents and purposes as though the electors of the district had by
their votes elected to be governed by the provisions of the charter.

5203. If the charter of any city provides for or has within two
years prior to January 1, 1955, provided for a board of education of
five members of a unified school district, and such charter has been
or is hereafter amended so that it fails to provide for a board of
education, a new board of education composed of five members is
created under this section immediately upon the effective date of
such amendment; the positions thereto shall be filled by appointment
of the county superintendent of schools. The terms of the members
first so appointed shall expire the first Friday in December of an
odd-numbered year next following the effective date of such charter
amendment, and an election shall be held for the members of such
board at the time fixed by law for the regular election of members of
governing boards of school districts, and the members so elected
shall assume office on the first Friday in December following. If the
effective date of such charter amendment is such that a legal
election for board members cannot be held as aforesaid prior to the
first day of December of an odd-numbered year next following such
charter amendment, then the county superintendent of schools shall
again appoint the members of such board who shall assume office on
the first Friday in December as aforesaid. The terms of the board
members who take office on the first Friday in December as aforesaid
and thereafter shall be as follows:
(a) If such members were elected, the three receiving the largest
number of votes shall serve for four-year terms, and the remaining
two members shall serve for two-year terms; and all subsequent
members shall serve for four-year terms.
(b) If such members were appointed, the county superintendent of
schools, upon making the appointments, shall designate three members
to serve for four-year terms, and two members to serve for two-year
terms.
Except as herein otherwise provided, the members of the board
shall be elected at the last time fixed by law for the election of
members of governing boards of school districts prior to the
commencement of a new term of office. If a general municipal election
is to be held within 60 days prior to the time when an election for
board members would be held as aforesaid, the board of education may,
by resolution filed with the governing body of such city at least 60
days prior to such municipal election, call the school district
election to coincide with the municipal election and request the
governing body of such city to consolidate such elections in that
portion of the school district which lies within such city, and the
governing body of such city shall order such elections to be
consolidated and to be held as are consolidated elections under the
provisions of the Elections Code relating to consolidated elections,
in which event the school district shall simultaneously with the
holding of such consolidated election conduct an election in any
portion of the district not included within such municipality. In the
event of the holding of such consolidated election, the school
district shall reimburse the city for its proportionate share of the
costs of conducting such consolidated election in an amount to be
agreed upon between the governing bodies of such school district and
such city.

5203.6. If the Charter of the City of San Leandro is amended so
that it no longer provides for a board of education of the San
Leandro Unified School District, a new board of education composed of
seven members is created under this section immediately upon the
effective date of such amendment. The San Leandro Unified School
District shall be divided into six trustee areas as had been provided
in the Charter of the City of San Leandro, and the members thereof
shall be elected in the same manner as provided in the Charter of the
City of San Leandro, before the effective date of such amendment.
The members of the board in office on the effective date of the
charter amendments shall each continue in office until the first day
of April, or until a successor qualifies therefor, in the year in
which their respective term of office would otherwise have
terminated.

5204. Proceedings pursuant to Section 5203 may be conducted in
conjunction with proceedings under Article 1 (commencing with Section
5000) of Chapter 1 of this part, including proceedings by the county
committee on school district organization to establish trustee areas
or to increase the number of members of the governing board of the
school district or community college district from five to seven
members, or both. In the event that the number of members of the
governing board of the school district is so increased from five to
seven members, the terms of office of the board members who take
office at the expiration of the terms of office of the board members
appointed by the county superintendent of schools shall be determined
by lot. The terms of office of the majority of members of the board
shall expire on the first Friday in December of the second succeeding
odd-numbered year, and the terms of the other members shall expire
on the first Friday in December of the first succeeding odd-numbered
year. All subsequent members shall serve for four-year terms.

5205. The governing board of any elementary school district having
an average daily attendance of 1,000 or more pupils and an assessed
valuation of twenty million dollars ($20,000,000) or more may, and
upon petition signed by 25 percent of the heads of families resident
in the district, shall order an election to determine whether or not,
it shall have the rights, powers, and duties of a city board of
education and whether or not the district shall for all purposes be
deemed to be a district governed by a city board of education.
If the governing board of the district consists of three members,
there shall be elected at the election, to take office if the
proposal for change in the rights, powers, and duties of the board is
approved, two additional members to the board. If the change is
approved by a majority of the qualified electors voting on the
proposition at the election, the board shall have the rights, powers,
and duties of a city board of education, and the district shall for
all purposes be deemed to be a district governed by a city board of
education. Also, if the change is so approved, the two additional
board members shall take office, the one receiving the highest number
of votes to serve until the first day of April following the second
succeeding regular election at which board members are elected, and
the one receiving the next highest number of votes to serve until the
first of April following the next such regular election. Thereafter,
the governing board of the district shall consist of five members
elected in the manner prescribed for other school districts for terms
of four years and until their successors are qualified, provided
that vacancies shall be filled in the manner provided for unified
school districts.

5206. Whenever a unified school district has within its boundaries
a chartered city or a city with a population of more than 8,000 or
whenever the average daily attendance of a unified school district is
1,500 or more, for all purposes the district shall be deemed a city
school district governed by a city board of education and the
governing board thereof shall be deemed a city board of education.

5207. Notwithstanding the provisions of Section 5206, whenever the
average daily attendance of a unified school district, which becomes
effective for all purposes on or after July 1, 1966, is 2,000 or
more, for all purposes the district shall be deemed a city school
district governed by a city board of education and the governing
board thereof shall be deemed a city board of education.

5208. When outside territory has been annexed to a city for school
purposes, the outside territory shall be deemed to be a part of the
city for all matters connected with the school department of the
city, for the annual levying and collecting of the property tax for
the school fund of the city, and for all purposes specified in
Chapter 2 (commencing with Section 15100) of Part 10 of this
division.
The last assessment roll made by the county assessor shall be the
only basis of taxation for the school district on the property
outside the corporate limits annexed for school purposes.