CHAPTER III LOCAL SCHOOL DISTRICTS STATE CONSTITUTIONAL PROVISIONS The California Constitution specifically includes school districts in the public school system.1 It grants to the Legislature the power to provide for the incorporation, classification and organization of school districts and community college districts.2 The California Constitution authorizes the governing boards of all school districts to initiate and carry on any programs, activities, or to otherwise act in any manner which is not in conflict with the laws and purposes for which school districts are established.3 The Legislature has enacted legislation to implement this broad grant of authority.4 School districts are agencies of the state for the local operation of the state school system5 and the Legislature has conferred broad general powers upon school districts by repealing previously restrictive statutory provisions in order to allow school districts to act under the general authority of Education Code section 35160.6 The Legislature has broad authority over school districts and may restrict the authority of school districts if it wishes; however, the trend for the immediate future appears to be to broaden the legal authority of school districts. LOCAL GOVERNING BOARDS The Legislature, by statute, requires every school district to be under the control of a board of school trustees or a board of education.7 The Education Code generally uses the term “governing board” to designate such boards while the general public usually refers to such boards as “school boards.” The compensation of board members is regulated by statute8 and any person 18 years of age or older, who is a citizen of the state, a resident of the district, a registered voter and not disqualified to hold a civil office is eligible to be a member of the governing board of a school district. An employee of a school district may not be sworn into office as a member of the governing board until he or she resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being sworn into office.9 1 Cal. Const., Article IX, Section 6. 2 Cal. Const., Article IX, Section 14. 3 Ibid. 4 Education Code sections 35160, 35160.1. 5 Hall v. City of Taft, 47 Cal.2d 177 (1956). 6 Stats.1987, ch. 1452, Section 1. 7 Education Code section 35010. 8 Education Code section 35120. 9 Education Code section 35107. 3-1 (Revised January 2018) Generally, the governing board of a school district has five members elected at large by the voters of the district.10 A unified school district may have a seven member board if it has been reorganized under the state plan for unification of local districts.11 The terms of the board members are four years; terms generally being staggered so that as nearly as practicable, one-half of the members are elected at each election. The voters of a district, by initiative, may impose a limit on the number of terms a board member may serve.12 After the initial election of board members, governing board elections are held every two years on the first Tuesday after the first Monday in November of each succeeding odd-numbered years.13 The term of the member expires on the first Friday in December following the election.14 Governing boards may consolidate their elections with primary, municipal or general elections.15 As a result, many school districts hold their elections in even numbered years to coincide with municipal or state-wide general elections. In school district elections, voters may vote for as many candidates as there are members to be elected.16 Voters qualified to vote in state-wide elections are qualified to vote in school district elections.17 Vacancies on a governing board may result from any of the following reasons: 1. A failure to elect; 2. A written resignation filed with the county superintendent of schools;18 3. Death of the incumbent; judicial declaration that incumbent is unable to perform the duties of the office; 4. Removal of officer ceasing to be a resident of the district; 5. Absence from the state without permission beyond the period allowed by law; 6. Failure to discharge the duties of office for a period of three consecutive months (except when prevented by illness or when absent from the state with the permission required by law); 10 Education Code section 35011. 11 Education Code section 35012. 12 Education Code section 35012, 35107. 13 Education Code section 5000. 14 Ibid. (Exceptions exist for certain specific districts.) 15 Education Code section 5000.5. 16 Education Code section 5015, repealed by Stats.1987, ch. 1452, Sections 49 and 50, now Elections Code section 24000. 17 Education Code section 5390. 18 Education Code section 5090. 3-2 (Revised January 2018) 7. Conviction of a felony or of any offense involving a violation of his official duties; 8. Refusal or neglect to file the required oath or bond within the time prescribed; 9. Judicial decision declaring the election void or; 10. The incumbent’s commitment to a hospital by a court of competent jurisdiction as a drug addict or inebriate.19 When a vacancy occurs or a resignation with a deferred effective date is filed with the county superintendent of schools, the governing board of the school district, within 60 days of the vacancy or the filing of the resignation, must order an election or make a provisional appointment to fill the vacancy. The county superintendent must call an election if the governing board fails to act within 60 days.20 If a provisional appointment is made by the governing board, the registered voters of the district may petition for the holding of a special election to fill the vacancy. The voters must collect signatures equaling 12 percent of the number of registered voters of the district at the time of the last governing board election within 30 days of the date of the appointment and file it with the county superintendent of schools. The county superintendent has 30 days to verify the signatures. If the petition has a sufficient number of signatures, the provisional appointment is terminated and a special election is called.21 A provisional appointment confers all of the powers and duties of a governing board member upon the appointee immediately after the appointment. A person appointed to fill a vacancy shall hold office until the next regularly scheduled election whereupon an election is held to fill the vacancy for the remainder of the term.22 FORMATION AND TYPES OF DISTRICTS The Education Code sets forth the procedures for the organization and reorganization of school districts.23 Generally, there are three types of school districts in California: elementary (kindergarten through sixth or eighth grade), high school (seventh or ninth through twelfth grade), and unified districts (kindergarten through twelfth grade). An action to reorganize one or more school districts is initiated upon the filing of a petition with the county superintendent of schools.24 If the territory is inhabited, at least twenty- five percent of the registered voters residing in the territory must sign the petition. If the territory is uninhabited, the owner of the property must sign the petition, provided the owner has filed either a tentative subdivision map or an application for a project with the appropriate local 19 Government Code section 1770. See, Government Code section 1064 for list of situations allowing a governing board member to be absent from the state for more than 60 days. 20 Education Code section 5091. 21 Ibid. 22 Education Code section 5091. 23 Education Code section 35500. 24 Education Code section 35700. 3-3 (Revised January 2018) agency.25 Reorganization may also be initiated by a majority vote of the governing boards of the districts affected.26 The county superintendent has 20 days to review the petition and if it is deemed sufficient as required by law, it must be transmitted to the county committee on school organization and the State Board of Education.27 Within 60 days after receipt of the petition, the county committee must hold public hearings in each of the districts affected by the petition.28 The county committee may amend the petition and, 10 days prior to the public hearings, provide to the public and the governing boards affected a description of the petition including: 1. The rights of the employees in the affected districts to continued employment; 2. The effect on the revenue limit of each district and the present level of revenue of each affected district; 3. Whether the governing board of the new district will have five or seven members; 4. A description of the territory in which the election will be held; 5. Whether the new district will elect members of the governing board by trustee area or by the voters of the entire district; 6. A description of how the property obligations and bonded indebtedness of existing districts will be affected; and 7. A description of when the first governing board will be elected and how the terms of office for each new member will be determined. 29 Within 120 days after the public has had an opportunity to comment on the petition, the county committee must recommend approval or disapproval of the petition.30 The county committee then transmits the petition and its recommendations to the State Board of Education.31 A public hearing is then held by the State Board of Education.32 25 Ibid. 26 Ibid. 27 Education Code section 35704. 28 Education Code section 35705. 29 Education Code section 35705.5. 30 Education Code section 35706. 31 Education Code section 35707. 32 Education Code section 35708.