AB 331: School district governing boards: reduction of membership.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-07-16
(1)Existing law establishes in each county, except a county that is also a city and county, a county committee on school district organization, and authorizes the committee to take certain actions regarding the organization of school districts and community college districts in the territory under the committees 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 a proposal to increase the membership of a school district governing board from 5 to 7, or to decrease membership from 7 to 5, in accordance with specified procedural requirements.
This bill would also authorize a county 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 board from 5 to 3 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.
(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.
(1)Existing law establishes in each county, except a county that is also a city and county, a county committee on school district organization, and authorizes the committee to take certain actions regarding the organization of school districts and community college districts in the territory under the committees 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 a proposal to increase the membership of a school district governing board from 5 to 7, or to decrease membership from 7 to 5, in accordance with specified procedural requirements.
This bill would also authorize a county 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 board from 5 to 3 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.
(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.
(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 committees 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.
(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 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 to decrease the membership of school district governing boards from 7 to 5 under specified circumstances.
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 bill would authorize county committees on school district organization to decrease the membership of school district governing boards from 5 to 3 under specified circumstances. 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.
(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, 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 proposals 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. 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.
(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, 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 proposals 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. 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.
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 proposals 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.
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 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.
Candidates
(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.
If
(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.
If,
(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 5019 of the Education Code is amended to read: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 from five, 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.
(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 proposals 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 shall 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.
There
(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.
Whether
(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.
Upon
(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.
Upon
(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.
Preferential
(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 will shall not serve in determining the final numerical outcome of a vote. No preferential vote will shall be solicited on matters subject to closed session discussion.
The
(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.
Each
(8)Each pupil member shall have the right to attend each and all meetings of the governing board, except executive sessions.
Any
(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.
A
(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.
A
(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.
The
(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.
The
(13)The nonvoting or preferential voting pupil member shall not be liable for any acts of the governing board.
SEC. 4.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.
|
Date
|
Status
|
|---|---|
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1223.) |
| Jul 16, 2015 | Chaptered by Secretary of State - Chapter 116, Statutes of 2015. |
| Jul 16, 2015 | Approved by the Governor. |
| Jul 9, 2015 | Enrolled and presented to the Governor at 2 p.m. |
| Jun 29, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1664.). |
| Jun 29, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jun 29, 2015 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 23, 2015 | Read second time. Ordered to third reading. |
| Jun 22, 2015 | From committee: Do pass. (Ayes 6. Noes 0.) (June 22). |
| Jun 10, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (June 10). Re-referred to Com. on APPR. |
| May 14, 2015 | Referred to Com. on ED. |
| Feb 13, 2015 | Read first time. To print. |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. |
| Apr 30, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 23, 2015 | Read second time. Ordered to Consent Calendar. |
| Apr 22, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 22). |
| Apr 8, 2015 | Re-referred to Com. on APPR. |
| Apr 7, 2015 | Read second time and amended. |
| Apr 6, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (March 25). |
| Feb 23, 2015 | Referred to Com. on ED. |
| Feb 17, 2015 | From printer. May be heard in committee March 19. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 29, 2015 | Assembly 3rd Reading AB331 Levine By Runner | Senate Floor |
Passed |
|
| Jun 22, 2015 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 10, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| Apr 30, 2015 | AB 331 LEVINE Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 22, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 25, 2015 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Santa Clara County Office Of Education | ** Support | Jun 29, 2015 |
| School Employers Association Of California | ** Support | Jun 29, 2015 |
| Sonoma County Office Of Education | ** Support | Jun 29, 2015 |
| u None received. | ** Against | Jun 22, 2015 |
AB 331
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 331
Amended: 4/7/15 in Assembly
SENATE EDUCATION COMMITTEE: 8-0, 6/10/15
AYES: Liu, Runner, Block, Leyva, Mendoza, Monning, Pan, Vidak
NO VOTE RECORDED: Hancock
SENATE APPROPRIATIONS COMMITTEE: 6-0, 6/22/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza
NO VOTE RECORDED: Nielsen
ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote
SUBJECT: School district governing boards: reduction of membership
SOURCE: Sonoma County Office of Education
DIGEST: This bill authorizes a county committee on school district organization to decrease the membership of a school district’s governing board from five to three if the district’s average daily attendance (ADA) during the preceding year was less than 300.
Existing law:
Requires any elementary school district having a governing board of three members and whose ADA for the preceding fiscal year was 300 or more do one of the following:
By its own action determine that the number of members of its governing board shall be increased to five, in which case two additional members shall be elected at an upcoming established election date; or
Request the county superintendent of schools to submit the question of whether the board should be increased to five members to the voters of the district at an upcoming established election date.
Provides that a proposal to change the membership of a school district or community college district governing board may be initiated by the county committee on school district organization or made to the committee by a petition signed by a specified number of qualified registered voters residing in the district.
Requires the county committee on school district organization to call and conduct at least one hearing in the district on a proposal to change the membership of the district’s governing board and to approve or disapprove the proposal at the conclusion of the hearing.
This bill:
Authorizes the county committee on school district organization to reduce the members of a school district from five to three, if the district’s ADA during the preceding year was less than 300, or adopt one of the alternative methods of electing governing board members in accordance with procedural requirements in existing law.
Makes other nonsubstantive changes.
Comments
Need for the bill. According to the author’s office, the ability for board membership to expand or contract in proportion to enrollment becomes increasingly important in rural and very small districts, which may have a difficult time finding five community members able to serve on the board. Compounding the problem of recruiting board members, existing law requires an election to be held for vacant seats if no one is appointed. The author’s office maintains that the cost of an election is burdensome and sometimes prohibitive for a very small school district.
County committees on school district organization. County committees on school district organization are the local initiator, coordinator, analyst, facilitator, and arbitrator for the reorganization of school districts. Roughly half of county committees are comprised of members of the county board of education while the remaining are independent of the board, although workload often falls to county board staff. A county committee on school district organization is authorized to increase and decrease a school district’s board membership from five to seven and from seven to five. The county committee can also increase a board from three to five members when ADA increases. However, state law does not allow for the county committee to reduce a five member board if ADA declines.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, potential, likely minor, reimbursable state mandated costs for county committees to review proposals to decrease the size of a school district governing board if the Commission on State Mandates determines this bill imposes a higher level of service.
Sonoma County Office of Education (source)
Santa Clara County Office of Education
School Employers Association of California
OPPOSITION: (Verified 6/23/15)
None received
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O’Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Gomez
Prepared by: Lenin Del Castillo / ED. / (916) 651-4105
6/23/15 10:40:49
AB 331 (Levine) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 331 (Levine) - School district governing boards: reduction of membership.
|
|
Version: April 7, 2015 |
Policy Vote: ED. 8 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: June 22, 2015 |
Consultant: Jillian Kissee |
This bill does not meet the criteria for referral to the Suspense File.
Bill Summary:
This bill authorizes a county committee on school district organization (county committee) to decrease the membership of a school district’s governing board from five to three if the school district’s average daily attendance (ADA) in the preceding year was less than 300.
Fiscal Impact:
Potential, likely minor, reimbursable state mandated costs for county committees to review proposals to decrease the size of a school district governing board if the Commission on State Mandates determines this bill imposes a higher level of service.
Background:
County committees on school district organization are the local initiator, coordinator, analyst, facilitator, and arbitrator for the reorganization of school districts. They have other responsibilities, including changing the number of members of a school district or community college district governing board. In some counties, the county board of education acts as the county committee. Otherwise, the county committee is a separate body from the county board of education.
Current law authorizes a county committee to increase from five to seven, and decrease board membership from seven to five. The county committee can also increase a board from three to five members when ADA increases. Existing law does not allow for the county committee to reduce a five member board if ADA declines.
Current law requires any elementary school district with a governing board of three members and whose ADA during the preceding fiscal year was at or above 300 to either (1) by its own action, determine that the number of members of the governing board be increased to five, in which case two additional members are to be elected, or (2) request the county superintendent of schools to order an election to determine whether the governing board shall be increased to five.
Current law provides that a proposal to change the membership of a school district or community college district governing board may be initiated by: (1) the county committee; (2) a petition signed by a specified number of qualified registered voters residing in the district; or (3) a resolution of the governing board of the district. When a proposal is made, the county committee is required to conduct at least one hearing in the district on the matter and to approve or disapprove the proposal at the conclusion of the hearing.
Current law requires that the resolution of the county committee approving a proposal to increase or decrease the number of members of the governing board, or a petition is filed containing at least 10 percent of the district’s signatures, constitutes an order of election, and the proposal must be placed on the ballot no later than the next election, as specified.
Proposed Law:
This bill allows a county committee on school district organization to decrease number of members of the governing board from five to three if a school district’s ADA during the preceding year was less than 300, or adopt one of the alternative methods of electing governing board members as prescribed in existing law.
Staff Comments:
This bill authorizes a county committee on school district organization to decrease the membership of certain school districts’ governing boards. This bill subjects the expanded authority to the process that is established in current law for increasing the number of governing board members from five to seven and decreasing it from seven to five.
Though this bill authorizes a county committee to decrease governing boards of certain school districts from five to three, according to the process outlined in existing law, once such a proposal is made to the county committee, in its review, the county committee must hold at least one hearing on the matter. Depending on whether the Commission on State Mandates determines these activities to constitute a higher level of service derived from the expanded authority, the activities may be interpreted to be a mandate and therefore may be reimbursable.
According to the State Department of Education, there are about 200 districts with less than 300 ADA. Information regarding the size of the governing boards of these school districts is unknown. However, according to the department, there are a handful of small districts known to experience difficulty in maintaining a full board.
Though existing law does not specifically authorize the county committee to reduce a five member board if ADA declines, according to the department, school districts have the option to submit a waiver to the State Board of Education to reduce their governing boards. However, there have not been any known requests for waivers that have been submitted to date. It is anticipated that not a large number of school districts will access the process provided in this bill, and to the extent they do, it is not expected to drive significant costs to the state.
-- END --
AB 331 (Levine) Page 2 of 2
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 331
Author: |
Levine |
||
Version: |
April 7, 2015 Hearing Date: June 10, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Lenin Del Castillo |
||
Subject: School district governing boards: reduction of membership
SUMMARY
This bill authorizes a county committee on school district organization to decrease the membership of a school district’s governing board from five to three if the district’s average daily attendance (ADA) during the preceding year was less than 300.
BACKGROUND
Existing law:
Requires any elementary school district having a governing board of three members and whose ADA for the preceding fiscal year was 300 or more do one of the following:
By its own action determine that the number of members of its governing board shall be increased to five, in which case two additional members shall be elected at an upcoming established election date; or
Request the county superintendent of schools to submit the question of whether the board should be increased to five members to the voters of the district at an upcoming established election date.
Requires that a proposal to change the membership of a school district or community college district governing board may be initiated by the county committee on school district organization or made to the committee by a petition signed by a specified number of qualified registered voters residing in the district.
Requires the county committee on school district organization to call and conduct at least one hearing in the district on a proposal to change the membership of the district's governing board and to approve or disapprove the proposal at the conclusion of the hearing.
ANALYSIS
This bill:
Authorizes the county committee on school district organization to reduce the members of a school district from five to three, if the district’s ADA during the preceding year was less than 300, or adopt one of the alternative methods of electing governing board members in accordance with procedural requirements in existing law.
Makes other nonsubstantive changes.
STAFF
COMMENTS
Need for the bill. According to the author's office, when average daily attendance (ADA) increases, some boards increase to five members. However, if ADA drops, there is no provision for going back to three board members, proportional to the student population. Elementary school districts that already have three-member boards and that continue to enroll fewer than 300 ADA can maintain their three-member boards. If the ADA increases to 300 or more, then the district must either increase its board membership to five by its own action or request the question to be put to a vote of the district's electorate. Voters could decide to either retain the three-member board or increase the membership to five. The author’s office indicates that the ability for board membership to expand or contract in proportion to enrollment becomes increasingly important in rural and very small districts, which may have a difficult time finding five community members able to serve on the board. Compounding the problem of recruiting board members, current law requires an election to be held for vacant seats if no one is appointed. The author’s office maintains that the cost of an election is burdensome and sometimes prohibitive for a very small school district.
County committees on school district organization. County committees on school district organization are the local initiator, coordinator, analyst, facilitator, and arbitrator for the reorganization of school districts. Roughly half of county committees are comprised of members of the county board of education while the remaining are independent of the board, although workload often falls to county board staff.
Current law authorizes a county committee to increase and decrease board membership from five to seven and from seven to five. The county committee can also increase a board from three to five members when ADA increases. However, existing law does not allow for the county committee to reduce a five member board if ADA declines.
SUPPORT
Santa Clara County Office of Education
School Employers Association of California
Sonoma County Office of Education (sponsor)
OPPOSITION
None received.
-- END --
AB 331
Page 2
Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 331
(Levine) – As Amended April 7, 2015
Policy Committee: |
Education |
Vote: |
6 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY: This bill authorizes a county 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 board from five to three, in accordance with procedural requirements in existing law.
FISCAL EFFECT:
Unknown, likely minor, Proposition 98/GF state mandated costs for county committees to review requests to reduce board membership.
This bill expands existing authority to modify the size of a small school board. This bill affects at least two small school districts and at most could impact 200 small school districts. County offices of education will likely have minor costs and may not seek reimbursement for these changes; if they do, however, those costs are likely to be deemed reimbursable by the Commission on State Mandates.
COMMENTS:
Background. County committees on school district organization are the local initiator, coordinator, analyst, facilitator, and arbitrator for the reorganization of school districts. Roughly half of county committees are comprised of members of the county board of education, the remaining are independent of the board, though workload often falls to county board staff.
Current law authorizes a county committee to increase and decrease board membership from five to seven and seven to five. The county committee can also increase a board from three to five members when average daily attendance (ADA) increases but the law does not allow for the county committee to reduce board membership if ADA declines.
Purpose. This bill provides the county committee on school district organization the authority to reduce board membership from five to three for any school district whose ADA during the preceding year was less than 300. The county committee could act on its own initiative, at the request of the district, or if required by a petition.
The Sonoma County Office of Education is sponsoring this bill in the interest of two small school districts: Horicon Elementary district with an ADA of 56 students and Two Rock Union Elementary with an ADA of 172 students. Absent this change in law, these districts would need to hold a special election to fill their board vacancies. The sponsor notes the cost of administering a special election is burdensome for these small school districts (approximately $24,000).
Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081
AB 331
Page 3
Date of Hearing: March 25, 2015
ASSEMBLY COMMITTEE ON EDUCATION
O'Donnell, Chair
AB 331
(Levine) – As Introduced February 13, 2015
SUBJECT:
School district governing boards: reduction of membership
SUMMARY:
Authorizes elementary school districts to have three-member governing boards, as specified, and authorizes county committees on school district organization to establish three-member school district governing boards pursuant to a process specified in existing law. Specifically, this bill:
Deletes the requirement that any elementary school district having a governing board of three members and whose average daily attendance (ADA) for the preceding fiscal year was 300 or more do one of the following, and instead authorizes such districts to do either of the following:
By its own action determine that the number of members of its governing board shall be increased to five, in which case two additional members shall be elected at an upcoming established election date; or
Request the county superintendent of schools to submit the question of whether the board should be increased to five members to the voters of the district at an upcoming established election date.
Authorizes the county committee on school district organization, subject to a process prescribed in existing law, to reduce the members of a school district or community college district governing board from five to three, except for school districts whose governing boards are provided for in a city or city/county charter.
Makes other nonsubstantive changes to existing law.
EXISTING LAW:
Requires any elementary school district having a governing board of three members and whose average daily attendance (ADA) for the preceding fiscal year was 300 or more do one of the following:
By its own action determine that the number of members of its governing board shall be increased to five, in which case two additional members shall be elected at an upcoming established election date; or
Request the county superintendent of schools to submit the question of whether the board should be increased to five members to the voters of the district at an upcoming established election date.
Requires that a proposal to change the membership of a school district or community college district governing board may be initiated by the county committee on school district organization or made to the committee by a petition signed by a specified number of qualified registered voters residing in the district.
Requires the county committee on school district organization to call and conduct at least one hearing in the district on a proposal to change the membership of the district's governing board and to approve or disapprove the proposal at the conclusion of the hearing.
FISCAL EFFECT:
State mandated local program.
COMMENTS:
Need for the bill. According to the author's office this bill is needed because it is difficult for small school districts to find more than three people to serve on the governing board. Specifically, according to the author's office, "When ADA increases, some boards increase to five members. However, if ADA drops, there is no provision for going back to three board members." Elementary school districts that already have three-member boards and that continue to enroll fewer than 300 ADA can maintain their three-member boards. If the ADA increases to 300 or more, then the district must either increase its board membership to five by its own action or request the question to be put to a vote of the district's electorate. Voters could decide to either retain the three-member board or increase the membership to five. However, if a district's ADA goes from 300 or more to less than 300, there is no provision in law to decrease its board membership from five to three. The purpose of this bill, according to the author's office, is to add such a provision to the Education Code.
The bill overshoots its purpose. This bill contains two primary changes to current law. First, it authorizes, rather requires, elementary school districts that have three board members and more than 300 ADA in the preceding year to either increase its board membership to five by its own action or submit the question to the voters. This change means that districts that grow to more than 300 ADA can select not to exercise either of these options, thereby retaining their three-member boards. In other words, while existing law offers the three-member board option only to districts with fewer than 300 ADA, this bill extends that option to districts with 300 or more ADA, if those districts already have three-member boards. To be consistent with the author's purpose, staff recommends that the bill be amended to delete this provision.
This bill also gives the county committee on school district organization the authority to reduce board membership from five to three. The county committee could act on its own initiative, at the request of the district, or if required by a petition. As written, however, this provision applies to community college districts as well as school districts of any size. Staff recommends that the bill be amended to make this provision apply only to school districts with fewer than 300 ADA.
REGISTERED SUPPORT / OPPOSITION:
Support
Sonoma County Office of Education
Opposition
None received
Analysis Prepared by:
Rick Pratt/ED./(916) 319-2087
Discussed in Hearing
View Older Hearings
Bill Author
Bill Co-Author(s):