BILL NUMBER: AB 331	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 13, 2015

   An act to amend Sections 5018, 5019, and 35012 of the Education
Code, relating to school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 331, as introduced, 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 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.
   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, 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
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  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.