Section § 1000

Explanation

In most counties in California, the county board of education should have either five or seven elected members who represent specific areas. High school students can petition to have one or more student members on this board. The student member has special rights such as preferential voting, which allows them to express their opinion, though it doesn't affect the final decision. Student members can attend all board meetings, except closed sessions, and participate in discussions and subcommittees. They serve one-year terms and are selected by fellow students. The board can even add alternate student members. Student members receive meeting materials, are acknowledged as full members during meetings, and may receive a mileage allowance. However, they don't influence the final board vote and aren't considered part of a legislative body under certain laws.

(a)CA Education Code § 1000(a) Except in a city and county, there shall be a county board of education, which shall, except as provided in subdivision (b), consist of five or seven regular members to be determined by the county committee on school district organization. Each regular member of the board shall be an elector of the trustee area that the regular member represents, and shall be elected by the electors of the trustee area. In chartered counties, the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education.
(b)Copy CA Education Code § 1000(b)
(1)Copy CA Education Code § 1000(b)(1) There may be submitted to the county board of education of a county maintaining one or more high schools a pupil petition requesting the county board of education to appoint one or more pupil members to the county board of education pursuant to this section.
(2)CA Education Code § 1000(b)(2) The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, whichever is less. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the county board of education shall order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member.
(3)CA Education Code § 1000(b)(3) Upon receipt of a petition for pupil representation, the county board of education shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. The county board of education may appoint a pupil to serve as an alternate pupil member who would fulfill all duties and have the same rights as a pupil member if the county board of education determines the pupil member is not fulfilling their duties. If the county board of education appoints an alternate pupil member, the county board of education shall suspend the prior pupil member’s rights and privileges related to service on the county board of education.
(4)Copy CA Education Code § 1000(b)(4)
(A)Copy CA Education Code § 1000(b)(4)(A) A pupil member of the county board of education shall have preferential voting rights.
(B)CA Education Code § 1000(b)(4)(A)(B) Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the county board of education. 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.
(5)CA Education Code § 1000(b)(5) The county board of education may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the county board of education, 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.
(6)Copy CA Education Code § 1000(b)(6)
(A)Copy CA Education Code § 1000(b)(6)(A) Each pupil member shall have the right to attend each and all meetings of the county board of education, except closed sessions.
(B)Copy CA Education Code § 1000(b)(6)(A)(B)
(i)Copy CA Education Code § 1000(b)(6)(A)(B)(i) Each pupil member shall be appointed to subcommittees of the county board of education in the same manner as regular members.
(ii)CA Education Code § 1000(b)(6)(A)(B)(i)(ii) Each pupil member shall be made aware of the time commitment required to participate in subcommittee meetings and work, and may decline an appointment to a subcommittee.
(iii)CA Education Code § 1000(b)(6)(A)(B)(i)(iii) Subcommittee meetings may be scheduled in accordance with the availability of all members, including each pupil member.
(7)Copy CA Education Code § 1000(b)(7)
(A)Copy CA Education Code § 1000(b)(7)(A) Except as provided in subparagraph (B), a pupil selected to serve as a pupil member of the county board of education shall be enrolled in a high school that is under the jurisdiction of the county board of education, 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 county in accordance with policies and procedures prescribed by the county board of education. The term of a pupil member shall be one year, commencing on July 1 of each year, except that the term of a pupil member may be adjusted only in cases where a vacancy occurs or to provide more pupils with an opportunity to serve on the county board of education.
(B)CA Education Code § 1000(b)(7)(A)(B) A pupil who is enrolled in a high school that is under the jurisdiction of a school district, and who may be less than 18 years of age, or a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education, and who may be less than 18 years of age, may be selected to serve as a pupil member of the county board of education as specified in subparagraph (A) if no petition is submitted to select a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education.
(8)CA Education Code § 1000(b)(8) A pupil member shall be entitled to the mileage allowance to the same extent as regular members, and may receive compensation as specified in subdivision (h) of Section 1090.
(9)Copy CA Education Code § 1000(b)(9)
(A)Copy CA Education Code § 1000(b)(9)(A) A pupil member shall be seated with the regular members of the county board of education, and shall be recognized as a full member of the county board of education at the meetings, including receiving all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of regular members, being invited to attend other functions of the county board of education, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)CA Education Code § 1000(b)(9)(A)(B) A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items.
(10)CA Education Code § 1000(b)(10) A pupil member shall not be included in determining the vote required to carry any measure before the county board of education.
(11)CA Education Code § 1000(b)(11) A pupil member shall not be liable for any acts of the county board of education.
(12)CA Education Code § 1000(b)(12) A majority vote of all voting regular members shall be required to approve a motion to eliminate a pupil member position from the county board of education. The motion shall be listed as a public agenda item for a meeting of the county board of education before the motion is voted upon.
(13)CA Education Code § 1000(b)(13) The policies and procedures for the selection of pupils to serve on the county board of education shall ensure and protect the privacy of each pupil, and of the parents or guardians of each pupil, involved in proceedings before the county board of education acting in its capacity as an appellate body.
(c)CA Education Code § 1000(c) Pupil members of a county board of education shall not be considered members of a legislative body or a local agency for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(d)CA Education Code § 1000(d) As used in this section, the following definitions apply:
(1)CA Education Code § 1000(d)(1) “Pupil member” means a pupil board member appointed pursuant to subdivision (b).
(2)CA Education Code § 1000(d)(2) “Regular member” means a board member elected or selected pursuant to subdivision (a).

Section § 1001

Explanation

This law explains who can vote for members of county boards of education in areas where school districts spread across multiple counties. If you live in a part of a school district that's outside the county with jurisdiction over the district, you can still vote for the board in the county that governs the district. However, if you are granted this voting right, you can't vote for the board in your own county unless you're in a school district that belongs to two different county systems. Also, the term 'county' excludes certain charter counties unless otherwise specified.

(a)CA Education Code § 1001(a) In those counties where the county superintendent of schools has jurisdiction over a school district situated in two or more counties, any qualified elector residing in the part of the school district situated in a county whose county superintendent of schools does not have jurisdiction of that school district shall be eligible to vote for one or more members of the county board of education of the county whose county superintendent of schools has jurisdiction over the school district. Each such elector shall be eligible to vote for the member of the county board of education representing the trustee area of that county having jurisdiction as designated by the county committee on school district organization. The committee shall apportion the portion of the school district territory not situated in the county having jurisdiction to one or more trustee areas of the other county so that that territory shall, insofar as possible, be represented as if it were situated in the county having jurisdiction. The territory so apportioned shall not become a part of the trustee area to which apportioned for any other purpose. As used in this subdivision, “school district” means any joint union elementary school district, joint union high school district, or joint unified school district, but does not include any community college district.
(b)CA Education Code § 1001(b) Any person who is a resident of a county and is made eligible to vote for the county board of education of another county pursuant to subdivision (a) shall not be eligible to vote for the county board of education of the county of which he or she is a resident. Notwithstanding the foregoing provisions of this subdivision, a person shall be eligible to vote for both county boards of education if he or she is a resident of an elementary school district of any type that is included in a joint union high school district and the elementary school district and the joint union high school district are each under the jurisdiction of different county superintendents of schools.
(c)CA Education Code § 1001(c) “County,” for purposes of this section, includes any county other than a charter county for which the charter specifies that this section does not apply.

Section § 1002

Explanation

This law explains how county school district boundaries and the number of education board members can be changed. Upon request, the county committee may adjust trustee area boundaries or alter the board's size with a two-thirds vote. Every ten years, after the federal census, they must update trustee boundaries. Changes must be documented and filed by March 1st of any school year. If trustee boundaries align with county districts, school board elections will occur during regular county elections.

(a)CA Education Code § 1002(a) Upon being so requested by the county board of education, the county committee on school district organization, by a two-thirds vote of the members, may either change the boundaries of any or all of the trustee areas of the county pursuant to Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code, or propose to increase or decrease the number of members of the county board of education, or both.
(b)CA Education Code § 1002(b) Following each decennial federal census, the county committee shall adopt trustee area boundaries pursuant to Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code.
(c)CA Education Code § 1002(c) Except as to the redistricting deadline provided in Section 21140 of the Elections Code, changes in trustee area boundaries or a proposed reduction in the number of county board of education members shall be made in writing and filed with the county board of supervisors not later than the first day of March of any school year.
(d)CA Education Code § 1002(d) Whenever the boundaries of trustee areas are changed so as to be coterminous with those of supervisorial districts of the county, excluding any part of a trustee area that is outside of the county pursuant to Section 1001, the election for members of the county board of education shall be consolidated with the countywide election.

Section § 1003

Explanation

If a county committee wants to change the number of members on a county board of education—either increasing from five to seven or decreasing from seven to five—it must hold a public hearing. After the hearing, the committee decides whether to approve the change by passing a resolution.

When a county committee on school district organization proposes to reduce from seven to five or increase from five to seven the number of members of the county board of education, the county committee shall call and conduct a hearing on the matter. At the conclusion of the hearing, the county committee shall, by resolution, approve or disapprove the proposal.

Section § 1004

Explanation

When the county committee decides to change the number of members on the county board of education, it triggers an election where the voters can decide on the change. The election must happen by the next election for board members. Voters will see a ballot asking if they agree or disagree with increasing or decreasing the number of board members with clear options of 'Yes' or 'No.'

The resolution of the county committee approving a reduction or increase in the number of members of the county board of education shall constitute an order of election, and the proposal shall be presented to the electors of the county not later than the next succeeding election for members of the county board of education. The ballot shall contain the following words, as appropriate:
“For decreasing (increasing) the number of members of the county board of education from seven (five) to five (seven)—Yes”
“For decreasing (increasing) the number of members of the county board of education from seven (five) to five (seven)—No”

Section § 1005

Explanation

This law states that if a person is elected to a county board of education, they will serve their full term without being affected by changes in district boundaries. If the board needs to, they can assign someone to serve constituents in an unrepresented area, should redistricting cause a gap in representation. The law also explains that after district boundaries are redrawn, new members will be elected for districts where the current board member’s term is ending, except during special or recall elections. Additionally, if there are primary and general elections, boundary changes can't occur between these two elections.

(a)CA Education Code § 1005(a) Notwithstanding subdivision (a) of Section 1000, the term of office of any member of a county board of education who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the area from which the member was elected and that member shall continue to represent the constituents residing in the area boundaries from which the member was elected for the duration of that term of office. This section does not prevent a board from assigning a trustee or county office of education official to provide constituent services to residents of an area that is temporarily not represented by a trustee due to redistricting.
(b)CA Education Code § 1005(b) At the first election for a member of the county board of education following adoption of the boundaries of trustee areas, excluding a special election to fill a vacancy or a recall election, a member shall be elected for each area under the new trustee area plan that has the same district number as a trustee area whose incumbent’s term is due to expire.
(c)CA Education Code § 1005(c) For a county board of education employing both a primary and a general election, a change in the boundaries of a trustee area shall not be made between the direct primary election and the general election.

Section § 1006

Explanation

If you're a registered voter, you can join your county board of education unless you're the county superintendent, work for them, or work for a local school district. The county board can set term limits for its members, or residents can propose these limits through a vote. Any new limits would only apply moving forward and must be approved by voters in an election. The process to propose term limits follows specific election procedures.

(a)CA Education Code § 1006(a) Any registered voter is eligible to be a member of the county board of education except the county superintendent of schools or any member of his or her staff, or any employee of a school district that is within the jurisdiction of the county board of education.
(b)CA Education Code § 1006(b) Notwithstanding any other law, the county board of education may adopt or the residents of the county may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the county board of education may serve on the county board of education. Any proposal to limit the number of terms a member of the county board of education may serve on the county board of education shall apply prospectively only and shall not become operative unless it is submitted to the electors of the county at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal.
(c)CA Education Code § 1006(c) An initiative measure proposed pursuant to subdivision (b) shall be subject to the procedures set forth in Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code.

Section § 1007

Explanation

This section explains how members of the county board of education in California are elected. They are generally elected on the same date as school district governing boards, unless those elections don’t happen county-wide on the same day. If not, the election aligns with the direct primary election. Once the election timing is set, it doesn’t change. The county board handles these elections, and terms start on different dates depending on when the election occurred. If members are elected during the direct primary, they start on July 1st; if elected with the school district boards, they start in December. There’s also a process to stagger the initial terms for newly elected members. However, Sections 1302 and 10404.5 of the Elections Code may provide exceptions to these rules.

(a)CA Education Code § 1007(a) Members of the county board of education shall be elected on the date and in the manner prescribed for the election of members of governing boards of school districts, provided the elections are held throughout the county on the same date; otherwise the election shall be consolidated with the direct primary election. Once established, no subsequent change of circumstances shall require that the time of holding the election be changed. Where the elections for governing board members are held on the same date, then the provisions of Section 5303 shall apply to the election of members of the county board of education. Elections held pursuant to this article shall be conducted by the county board of education. Members elected at the time of the direct primary shall take office on the first day of July, and members elected at the date on which members of school district governing boards are elected shall take office on the second Friday in December subsequent to their election. The county committee on school district organization shall determine the manner in which the county board of education first elected shall effect a staggering of terms.
(b)CA Education Code § 1007(b) This section shall govern the election and term of office of members of a county board of education except as provided under Sections 1302 and 10404.5 of the Elections Code.

Section § 1008

Explanation

If a spot opens up on a county board of education after December 1, 1978, it should be filled according to specific rules found in another section of the law.

When any vacancy exists on the county board of education of any county on or after December 1, 1978, the vacancy shall be filled in the manner prescribed in Article 3 (commencing with Section 5090) of Chapter 1 of Part 4.

Section § 1009

Explanation

Every year, the county board of education must pick a president from among its members at a special meeting. This meeting happens either on or after the second Friday in December or on or after July 1st, depending on when the board members' terms begin, as outlined in another law.

The county board of education shall organize at a meeting held in each year by electing one of their number president of the board. The meeting at which the organization is conducted shall be either the first meeting on or after the second Friday in December, or the first meeting on or after the first day in July, depending upon whether, pursuant to Section 1007, the terms of office of board members commence on the second Friday in December or the first day in July.

Section § 1010

Explanation

The county superintendent of schools automatically holds the role of secretary and executive officer for the school board.

The county superintendent of schools is ex officio secretary and executive officer of the board.

Section § 1011

Explanation

The board must hold regular meetings at least once a month. These meetings need to follow specific rules outlined in another part of the law about public meetings and government conduct.

Regular meetings of the board shall be held at times it may determine, but not less than once per month and shall be conducted in accordance with Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code.

Section § 1012

Explanation

This law section allows the president to call special meetings for school-related issues whenever needed. Additionally, if three members request it in writing, the president is obligated to call a special meeting.

Special meetings may be called by the president whenever, in his judgment, the exigencies of the schools require them to be held. Upon the request of any three members, in writing, the president shall call a special meeting.

Section § 1013

Explanation

This law says that for any group to officially conduct business, more than half of its members need to be present.

A majority of the members shall constitute a quorum for the transaction of business.

Section § 1014

Explanation

This law says that to issue or renew a teacher's certificate, or to choose any books or equipment for use, more than half of the board members must agree to it.

No teacher’s certificate shall be issued or renewed, nor shall any books or apparatus be adopted except by an affirmative vote of at least a majority of the members of the board.

Section § 1015

Explanation

If any member requests it, the board must record the yes or no votes of every member on any proposal, and these votes should be noted in the official meeting records.

On the call of any member, the ayes and nays shall be taken upon any proposition, and the vote shall be recorded in the minutes of the board.

Section § 1016

Explanation

This law section explains that during special board meetings, the only business that can take place is what the president specifically mentions beforehand. However, they are still allowed to grant teaching certificates and renew those that haven't expired at any meeting.

At special meetings, no business shall be transacted other than such as may be specified in the call of the president, except that certificates to teach, upon credentials, may be granted, and unexpired certificates to teach may be renewed at any meeting of the board.

Section § 1017

Explanation

This law explains that in certain counties in California, if a county board of education member's term ends in an even-numbered year, their position will become vacant at the end of that term. The remaining board members must fill these vacancies, with the new appointees serving until July 1 after the next election for that position.

In those counties in which the election of members of county boards of education are required to be held on the same date as prescribed for the election of members of governing boards of school districts, as provided in Section 1007, the offices of those members of the county board of education whose terms have been fixed to expire in even-numbered years shall become vacant upon the expiration of those terms. The vacancies arising shall be filled by the majority of the remaining members of the board, and the appointees shall hold office only until the first day of July following the election of their successors.