SECTIONS 5220-5231 - California Statutes

EDUCATION CODE

SECTION 5220-5231

5220. Boards of education are elected in cities under the
provisions of the laws governing the respective cities, except as
otherwise provided in this chapter.

5221. Whenever the charter of a city comprising in whole or in part
an elementary school district, fails to provide for the manner in
which, the times at which, and the terms for which the members of the
board of education of such city are appointed, and for the number
which shall constitute such board, the governing board of the
elementary school district within which the city is located or with
which the city is coterminous is the board of education of the city.

5222. Except as provided in Section 5221, whenever the charter of
any city fails to provide for the manner in which, the times at
which, or the terms for which the members of the city board of
education shall be elected or appointed, for their qualifications,
removal, or for the number which shall constitute such board, the
provisions of this division shall apply to the matter not provided
for.

5223. The members of any elective city board of education shall be
elected at large from the territory within the boundaries of the
school district or districts which are under the jurisdiction of the
city board of education, whether sitting as a board of education,
high school board, or community college board, and any qualified
elector of the territory shall be eligible to be a member of such
city board of education.
When outside territory has been annexed to a city for school
purposes it shall be deemed a part of the city for the purpose of
holding the general municipal election, and shall form one or more
election precincts, as may be determined by the legislative authority
of the city. The qualified electors of the annexed territory shall
vote only for the board of education or the board of school trustees.

5224. In any school district or community college district situated
wholly or partly within a city containing a population of over
1,900,000 according to the 1950 federal census, the governing board
shall be composed of seven members holding office numbers 1, 2, 3, 4,
5, 6, and 7, and shall be elected at large at the same time and in
the same manner as the members of the city council of said city, and
shall serve for a term of four years. The four members of such board
whose terms of office expire July 1, 1947, shall be considered as
holding office numbers 1, 3, 5, and 7 (such members within 15 days
after the effective date of Chapter 725 of the Statutes of 1945 to
determine by lot at a regular board meeting the number of the office
each holds), and the remaining offices shall be known as office
numbers 2, 4, and 6 (to be allocated by lot in the same manner as
hereinbefore provided for office numbers 1, 3, 5, and 7). All such
members' terms shall commence on the first day of April next
succeeding their election.

5224.1. Section 5224 does not apply to a school district that is
situated in a city governed by a charter that provides for a
governing board consisting of not less than seven members who are
elected from districts that contain, as nearly as practicable, equal
fractions of the total population of the school district. The
governing board of the school district shall be elected and
constituted as provided in the charter and other applicable law.

5225. Notwithstanding the provisions of Section 5033, when a
unified school district is formed pursuant to Chapter 2 (commencing
with Section 4200) of Part 3 of this division which includes a city
school district having a city board of education as provided under
Section 5224, the unified school district shall be governed by said
city board of education and the governing board members thereof shall
continue in office for the remainder of their terms as elected
pursuant to the provisions of Section 5224.

5227. In those cases in which the boundaries of the school
district, high school district, or community college district,
governed by a city board of education, are not coterminous with the
boundaries of the city, and where elections, either primary, general,
or recall, of members of the board of education are by the
provisions of the laws governing the cities held at times other than
on the day of municipal elections, general or special, the cost and
expense of the district elections shall be a legal charge against the
funds of the district or districts governed by the board of
education. The city shall be reimbursed by the district or districts
for its actual cost and expense incurred in the conduct of the
election or elections. The cost and expense of conducting the
election in territory common to two or more districts shall be borne
by the districts in equal shares. In territory within a single
district the cost shall be borne by the district.
In those cases in which the school district, high school district,
or community college district is governed by a city board of
education, and elections, either primary, general, or recall, of
members of the board of education are by the provisions of the laws
governing the cities held on the same day as municipal elections,
general or special, a proportionate part of the actual cost and
expense of the election shall be a legal charge against the school
districts governed by the board of education. The city shall be
reimbursed for the proportionate cost and expense incurred in the
conduct of the election. The cost and expense of the elections within
the boundaries of the city shall be apportioned between the city and
the districts in the ratio that the total number of offices to be
filled and propositions to be voted upon by the electors of the city
and the school district or districts, respectively, bears to the
total number of offices to be filled and propositions submitted. The
cost and expense of the election in territory outside of the
municipal boundaries shall be borne by the districts affected. As
between the districts, costs and expense shall be apportioned as
follows: In territory common to two or more districts the cost of
conducting the election shall be borne in equal shares, and in
territory within a single district the cost shall be borne by the
district.

5228. An election for members of the governing board of a community
college district which has been divided into wards as provided in
Section 5227 may be held, at the discretion of the governing board,
on the same date and in the same manner as the city election for any
chartered city located within the boundaries of the community college
district. Such election when held shall be conducted by the
chartered city on behalf of the community college district with the
expenses of the election within the boundaries of the city
apportioned between the city and the school districts in the manner
prescribed by Section 5227.
Where a city charter does not specify a date for such elections,
city boards of education may, by unanimous vote, determine that
governing board member elections for that district shall be held on
the date prescribed for the regular biennial school district
governing board member elections, in which event the provisions of
Chapter 3 (commencing with Section 5300) of this part relating to the
consolidation of governing board member elections shall apply.

5229. If a unified district governed by a board of education of
five members includes a chartered city, the charter of which provides
for a board of education, the members of which are to be elected
pursuant to this code and to hold office for the terms provided by
this code, and three members of such board of education were elected
to hold office for a term expiring during the school year commencing
on the date the district was formed for all purposes, the office of
three members of the board of education shall be filled at the first
election of governing board members following such date of formation
for all purposes.
The term of office of such three members shall be determined by
lot. The term of one member shall expire on the first Friday in
December of the first succeeding odd-numbered year following his
election; and the terms of two members shall expire on the first
Friday in December of the second succeeding odd-numbered year
following their election. The persons elected to succeed such three
members shall hold office for four years.
In a unified school district formed pursuant to Chapter 2
(commencing with Section 4200) of Part 3 of this division which
includes a chartered city, the governing board of the district shall
be the board of education of such city or city and county; provided,
that all qualified electors residing within the unified school
district are eligible to vote at all elections held for the election
of members of the city board of education and any elector residing in
the district, or in a trustee area if the district is divided into
trustee areas, is eligible to serve as a member of said board.
In the event a unified district includes a chartered city the
governing board of the unified district shall consist of either five
or seven members and shall be elected at large or by trustee areas,
as designated by the unification proposal, and any elector residing
in the district, or in a trustee area if the district is divided into
trustee areas, is eligible to serve as a member of the board. The
first governing board of any such unified school district shall be
elected in the manner prescribed by Section 35101, except where the
charter of the included chartered city expressly provides for the
election of the first governing board of a newly formed unified
school district, in which case such provisions of the charter shall
control the election of the governing board.

5230. In the event a newly unified district includes a chartered
city, the first governing board of the district shall be selected
pursuant to Section 35101 or, in the event the charter of such city
expressly provides for the calling and setting of the election of the
first governing board of a newly unified school district, the
charter shall apply.

5231. Notwithstanding any other provision of law, when elections
for school district governing board members in existing or newly
formed school districts are conducted in conjunction with the
municipal election of a chartered city on other than the first
Tuesday after the first Monday in November, newly elected members,
unless the charter provides otherwise, shall take office 37 days
after the day of election; provided, however, if the charter of a
city provides for a municipal nominating or primary election and a
general municipal election, the newly elected members shall take
office 37 days after the date fixed by the charter for the general
municipal election. The terms of office of outgoing members shall
expire on the day before such newly elected members take office.