BILL NUMBER: AB 331 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2015
INTRODUCED BY Assembly Member Levine
FEBRUARY 13, 2015
An act to amend Sections 5018, 5019, and 35012
Section 5019 of the Education Code, relating to school
districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 331, as amended, Levine. School district governing boards:
reduction of membership.
(1) Existing law establishes a system of public elementary and
secondary schools in this state, and provides for the operation of
these schools by school districts and other local educational
agencies. Existing law generally requires that the governing board of
a school district consists of 5 members, but also requires that the
governing board of an elementary school district other than a union
or joint union elementary school district consists of 3 members,
except when that elementary school district has an average daily
attendance of 300 or more. Existing law requires that an elementary
school district with a 3-member governing board and an average daily
attendance of 300 or more during the preceding fiscal year either
act, as specified, to increase the number of governing board members
to 5 or request the appropriate county superintendent of schools to
submit to the voters of that district the question of whether the
number of members of that governing board should be increased to 5.
Existing
(1) Existing law establishes in
each county, except a county that is also a city and county, a county
committee on school district organization. Existing law
specifies procedures for proposals to increase or reduce the
membership of a school district governing board, and also specifies
responsibilities for county committees on school district
organization with respect to the submission of such proposals to the
electors of a school district for their approval or disapproval.
Existing law authorizes county committees on school district
organization organization, and authorizes the
committee to take certain actions regarding the organization of
school districts and community college districts in the territory
under the committee's jurisdiction. Existing law requires a
committee, upon a proposal initiated by the committee or by a
petition signed by a specified number of registered voters, to
approve or disapprove of a proposal to decrease
increase the membership of a school
district governing boards board from
5 to 7, or to decrease membership from 7 to 5
under specified circumstances. 5, in accordance with
specified procedural requirements.
This bill would delete the requirement that an elementary school
district with a 3-member governing board and an average daily
attendance of 300 or more during the preceding fiscal year either
act, as specified, to increase the number of governing board members
to 5 or request the appropriate county superintendent of schools to
submit to the voters of that district the question of whether the
number of members of that governing board should be increased to 5.
The
This bill would also authorize a
county committees committee on school
district organization , for any school district whose average
daily attendance during the preceding year was less than 300, to
approve or disapprove a proposal to decrease the membership of
the school district governing boards
board from 5 to 3 under specified circumstances.
in accordance with those specified procedural
requirements. To the extent that the bill would impose new
duties on county committees on school district organization, it would
constitute a state-mandated local program.
The bill would also make various nonsubstantive revisions to
existing law and a conforming change.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5018 of the Education Code
is amended to read:
5018. Any elementary school district having a governing board of
three members may 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 governing board.
(b) (1) 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.
(2) 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
governing board members.
(3) 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 of schools 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.
(4) 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.
SEC. 2. SECTION 1. Section 5019 of
the Education Code is amended to read:
5019. (a) (1) 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 from five, or
decrease from seven to five, or decrease from five to three
the number of members of the governing board, or adopt one
of the alternative methods of electing governing board members
specified in Section 5030.
(2) For any school district whose average daily attendance during
the preceding year was less than 300, the county committee on school
district organization may decrease from five to three 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.
SEC. 3. Section 35012 of the Education Code is
amended to read:
35012. (a) Except as otherwise provided, the governing board of a
school district shall consist of five members elected at large by
the qualified voters of the district. The terms of the members shall,
except as otherwise provided, be for four years and staggered so
that as nearly as practicable one-half of the members shall be
elected in each odd-numbered year.
(b) A unified school district may have a governing board of seven
members in the event the proposal for unification has specified a
governing board of seven members. The members of the board shall be
elected at large or by trustee areas as designated in the proposal
for unification, and shall serve four-year terms of office.
(c) Notwithstanding subdivision (a), and except as provided in
this subdivision and Section 5018, the governing board of an
elementary school district other than a union or joint union
elementary school district shall consist of three members selected at
large from the territory comprising the district. Whenever, in any
such elementary school district the average daily attendance during
the preceding fiscal year is 300 or more, the procedures prescribed
by Section 5018 may be undertaken.
(d) (1) There may be submitted to the governing board of a school
district maintaining one or more high schools a pupil petition
requesting the governing board to appoint one or more nonvoting pupil
members to the board pursuant to this section.
(2) There may also be submitted to the governing board of a school
district maintaining one or more high schools a pupil petition
requesting the governing board to allow preferential voting for the
pupil member or members of the board. This request may be made in the
original petition for pupil representation on the governing board or
in a separate petition after a pupil member or members have been
appointed to the board.
(3) Whether for pupil representation or for preferential voting
for the pupil member or members, the petition shall contain the
signatures of either (a) not less than 500 pupils regularly enrolled
in high schools of the district, or (b) not less than 10 percent of
the number of pupils regularly enrolled in high schools of the
district, whichever is less.
(4) Upon receipt of a petition for pupil representation, the
governing board shall, commencing July 1, 1976, and each year
thereafter, order the inclusion within the membership of the
governing board, in addition to the number of members otherwise
prescribed, at least one nonvoting pupil member. The governing board
may order the inclusion of more than one nonvoting pupil member.
(5) Upon receipt of a petition for preferential voting for the
pupil member or members, the governing board shall allow preferential
voting for the pupil member or members of the governing board.
(6) Preferential voting, as used in the section, means a formal
expression of opinion that is recorded in the minutes and cast prior
to the official vote of the governing board. A preferential vote
shall not serve in determining the final numerical outcome of a vote.
No preferential vote shall be solicited on matters subject to closed
session discussion.
(7) The governing board may adopt a resolution authorizing the
nonvoting or preferential voting pupil member or members to make
motions that may be acted upon by the governing board, except on
matters dealing with employer-employee relations pursuant to Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of the
Government Code.
(8) Each pupil member shall have the right to attend each and all
meetings of the governing board, except executive sessions.
(9) Any pupil selected to serve as a nonvoting or preferential
voting member of the governing board shall be enrolled in a high
school of the district, may be less than 18 years of age, and shall
be chosen by the pupils enrolled in the high school or high schools
of the district in accordance with procedures prescribed by the
governing board. The term of a pupil member shall be one year
commencing on July 1 of each year.
(10) A nonvoting or preferential voting pupil member shall be
entitled to the mileage allowance to the same extent as regular
members, but is not entitled to the compensation prescribed by
Section 35120.
(11) A nonvoting or preferential voting pupil member shall be
seated with the members of the governing board and shall be
recognized as a full member of the board at the meetings, including
receiving all materials presented to the board members and
participating in the questioning of witnesses and the discussion of
issues.
(12) The nonvoting or preferential voting pupil member shall not
be included in determining the vote required to carry any measure
before the governing board.
(13) The nonvoting or preferential voting pupil member shall not
be liable for any acts of the governing board.
SEC. 4. SEC. 2. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.