On and after January 1, 1976, the governing board of any school district may initiate and carry on any program, activity, or may otherwise act in any manner which is not in conflict with or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which school districts are established.
Article 4Powers and Duties
Section § 35160
This law allows school district governing boards to start and manage programs and activities as long as they don't violate any laws or the primary goals of school districts, beginning from January 1, 1976.
school district programs governing board authority initiate activities consistent with law school district goals conflict with law educational initiatives school board decision-making program management community needs educational activities local school governance district autonomy innovative programs educational policies
Section § 35160.1
This law emphasizes that school districts and education officials in California have unique needs specific to their communities. It encourages them to develop their own solutions to address these needs. The law also provides these educational bodies with broad authority to engage in activities and spend funds on programs they find necessary or beneficial, as long as they align with the intended use of those funds. The intent is to give them flexibility and autonomy in decision-making. This section also clarifies that it affirms existing law.
(a)CA Education Code § 35160.1(a) The Legislature finds and declares that school districts, county boards of education, and county superintendents of schools have diverse needs unique to their individual communities and programs. Moreover, in addressing their needs, common as well as unique, school districts, county boards of education, and county superintendents of schools should have the flexibility to create their own unique solutions.
(b)CA Education Code § 35160.1(b) In enacting Section 35160, it is the intent of the Legislature to give school districts, county boards of education, and county superintendents of schools broad authority to carry on activities and programs, including the expenditure of funds for programs and activities which, in the determination of the governing board of the school district, the county board of education, or the county superintendent of schools are necessary or desirable in meeting their needs and are not inconsistent with the purposes for which the funds were appropriated. It is the intent of the Legislature that Section 35160 be liberally construed to effect this objective.
(c)CA Education Code § 35160.1(c) The Legislature further declares that the adoption of this section is a clarification of existing law under Section 35160.
school districts autonomy community-specific needs unique solutions broad authority fund expenditure liberally construed educational bodies governing board decisions necessary programs use of funds clarification flexibility in education Section 35160
Section § 35160.2
This law section clarifies that when the term “school district” is used in Section 35160, it also includes county superintendents of schools and county boards of education. Additionally, it emphasizes that this is a clarification of what was already understood to be the law.
For the purposes of Section 35160, “school district” shall include county superintendents of schools and county boards of education.
This section shall be interpreted to be declaratory of existing law.
county superintendents of schools county boards of education school district definition interpretation of existing law Education Code Section 35160 inclusion of county agencies clarification existing law Education Code legal definition clarification
Section § 35160.5
This law requires school districts with grades 7-12 to have policies for student participation in extracurricular and cocurricular activities, requiring students to maintain at least a 2.0 GPA and make progress towards graduation. Activities can't be part of the regular curriculum or graded, and schools can set more stringent requirements. Probation periods for students who don't meet academic standards can be given but are capped, except for extensions due to COVID-19. Districts must review these policies annually. Also, districts must have open enrollment policies allowing parents to choose schools within the district, but they must prevent displacement of resident students and ensure fair selection for oversubscribed schools. Priorities can be given for special circumstances, siblings of current students, or children of school employees. Federal law may require transportation aid for students upon request.
(a)CA Education Code § 35160.5(a) The governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, as a condition for the receipt of inflation adjustments pursuant to Section 42238.02, as implemented by Section 42238.03, shall establish a school district policy regarding participation in extracurricular and cocurricular activities by pupils in grades 7 to 12, inclusive. The criteria, which shall be applied to extracurricular and cocurricular activities, shall ensure that pupil participation is conditioned upon satisfactory educational progress in the previous grading period.
(1)CA Education Code § 35160.5(a)(1) For purposes of this subdivision, “extracurricular activity” means a program that
has all of the following characteristics:
(A)CA Education Code § 35160.5(a)(1)(A) The program is supervised or financed by the school district.
(B)CA Education Code § 35160.5(a)(1)(B) Pupils participating in the program represent the school district.
(C)CA Education Code § 35160.5(a)(1)(C) Pupils exercise some degree of freedom in either the selection, planning, or control of the program.
(D)CA Education Code § 35160.5(a)(1)(D) The program includes both preparation for performance and performance before an audience or spectators.
(2)CA Education Code § 35160.5(a)(2) For purposes of this subdivision, an “extracurricular activity” is not part of the regular school curriculum, is not graded, does not offer credit, and does not take place during classroom time.
(3)CA Education Code § 35160.5(a)(3) For purposes of this subdivision, a “cocurricular activity” is defined as a program that may be associated with the curriculum in a regular classroom.
(4)CA Education Code § 35160.5(a)(4) A teacher-graded or required program or activity for a course that satisfies the entrance requirements for admission to the California State University or the University of California is not an extracurricular or cocurricular activity as defined by this section.
(5)CA Education Code § 35160.5(a)(5) For purposes of this subdivision, “satisfactory educational progress” shall include, but not necessarily be limited to, both of the following:
(A)CA Education Code § 35160.5(a)(5)(A) Maintenance of minimum passing grades, which is defined as at least a 2.0 grade point average
in all enrolled courses on a 4.0 scale.
(B)CA Education Code § 35160.5(a)(5)(B) Maintenance of minimum progress toward meeting the high school graduation requirements prescribed by the governing board.
(6)CA Education Code § 35160.5(a)(6) For purposes of this subdivision, “previous grading period” does not include a grading period in which the pupil was not in attendance for all, or a majority of, the grading period due to absences excused by the school for reasons such as serious illness or injury, approved travel, or work. In that event, “previous grading period” means the grading period immediately before the grading period or periods excluded pursuant to this paragraph.
(7)CA Education Code § 35160.5(a)(7) A program that has, as its primary goal, the improvement of academic or educational achievements of pupils is
not an extracurricular or cocurricular activity as defined by this section.
(8)Copy CA Education Code § 35160.5(a)(8)
(A)Copy CA Education Code § 35160.5(a)(8)(A) The governing board of each school district may adopt, as part of its policy established pursuant to this subdivision, provisions that would allow a pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), in the previous grading period to remain eligible to participate in extracurricular and cocurricular activities during a probationary period. The probationary period shall not exceed one semester in length, but may be for a shorter period of time, as determined by the governing board of the school district. A pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), during the probationary period shall not be allowed to participate in extracurricular and cocurricular
activities in the subsequent grading period.
(B)CA Education Code § 35160.5(a)(8)(A)(B) Notwithstanding subparagraph (A), the governing board of each school district may adopt a policy that would allow a probationary period to exceed one semester in length through the completion of the 2020–21 school year due to the impact of COVID-19.
(9)CA Education Code § 35160.5(a)(9) This subdivision does not preclude the governing board of a school district from imposing a more stringent academic standard than that imposed by this subdivision. If the governing board of a school district imposes a more stringent academic standard, the governing board shall establish the criteria for participation in extracurricular and cocurricular activities at a meeting open to the public pursuant to Section 35145.
(10)CA Education Code § 35160.5(a)(10) The governing board of each school district annually shall review the school district policies adopted pursuant to the requirements of this section.
(b)Copy CA Education Code § 35160.5(b)
(1)Copy CA Education Code § 35160.5(b)(1) On or before July 1, 1994, the governing board of each school district, as a condition for the receipt of school apportionments from the State School Fund, shall adopt rules and regulations establishing a policy of open enrollment within the district for residents of the district. This requirement does not apply to a school district that has only one school or a school district with schools that do not serve any of the same grade levels.
(2)CA Education Code § 35160.5(b)(2) The policy shall include all of the following elements:
(A)CA Education Code § 35160.5(b)(2)(A) It shall provide that the parent or
guardian of each schoolage child who is a resident in the district may select the schools the child shall attend, irrespective of the particular locations of the child’s residence within the district, except that school districts shall retain the authority to maintain appropriate racial and ethnic balances among their respective schools at the school districts’ discretion or as specified in applicable court-ordered or voluntary desegregation plans.
(B)CA Education Code § 35160.5(b)(2)(B) It shall include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that selection of pupils to enroll in the school is made through a random, unbiased process that prohibits an evaluation of whether a pupil should be enrolled based upon the pupil’s academic or athletic performance. The governing board of a school district
shall calculate the capacity of the schools in the district for purposes of this subdivision in a nonarbitrary manner using pupil enrollment and available space. However, school districts may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. This subdivision shall not be construed to prohibit school districts from using academic performance to determine eligibility for, or placement in, programs for gifted and talented pupils established pursuant to former Chapter 8 (commencing with Section 52200) of Part 28 of Division 4, as that chapter read on January 1, 2014.
(C)CA Education Code § 35160.5(b)(2)(C) It shall provide that a pupil who currently resides in the attendance area of a school shall not be displaced by pupils transferring from outside the attendance area.
(3)CA Education Code § 35160.5(b)(3) Notwithstanding the requirement of subparagraph (B) of paragraph (2) that the policy include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that the selection is made through a random, unbiased process, the policy may include either of the following elements:
(A)Copy CA Education Code § 35160.5(b)(3)(A)
(i)Copy CA Education Code § 35160.5(b)(3)(A)(i) It may provide that special circumstances exist that might be harmful or dangerous to a particular pupil in the current attendance area of the pupil, including, but not necessarily limited to, threats of bodily harm or threats to the emotional stability of the pupil, that serve as a basis for granting a priority of attendance outside the current attendance area of the pupil. A finding of harmful or dangerous special
circumstances shall be based upon either of the following:
(I)CA Education Code § 35160.5(b)(3)(A)(i)(I) A written statement from a representative of the appropriate state or local agency, including, but not necessarily limited to, a law enforcement official or a social worker, or properly licensed or registered professionals, including, but not necessarily limited to, psychiatrists, psychologists, marriage and family therapists, clinical social workers, or professional clinical counselors.
(II) A court order, including a temporary restraining order and injunction, issued by a judge.
(ii)CA Education Code § 35160.5(b)(3)(A)(i)(ii) A finding of harmful or dangerous special circumstances pursuant to this subparagraph may be used by a school district to approve transfers within the district to schools that
have been deemed by the school district to be at capacity and otherwise closed to transfers that are not based on harmful or dangerous special circumstances.
(B)CA Education Code § 35160.5(b)(3)(B) It may provide that schools receiving requests for admission shall give priority for attendance to siblings of pupils already in attendance in that school and to pupils whose parent or legal guardian is assigned to that school as their primary place of
employment.
(4)CA Education Code § 35160.5(b)(4) To the extent required and financed by federal law and at the request of the pupil’s parent or guardian, each school district shall provide transportation assistance to the pupil.
extracurricular activities cocurricular activities satisfactory educational progress 2.0 GPA probationary period open enrollment random selection grade 7-12 academic standards COVID-19 extension resident students special circumstances sibling priority school choice policy transportation assistance
Section § 35161
The school district's governing board can handle any powers or duties given to it by law, and it can also pass on those responsibilities to an officer or employee. However, even if they delegate tasks, the governing board is still ultimately responsible for how those tasks are carried out.
The governing board of any school district may execute any powers delegated by law to it or to the district of which it is the governing board, and shall discharge any duty imposed by law upon it or upon the district of which it is the governing board, and may delegate to an officer or employee of the district any of those powers or duties. The governing board, however, retains ultimate responsibility over the performance of those powers or duties so delegated.
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Section § 35162
The school district's governing board can take legal action and defend itself in court, plus it can own and manage property for the school district's benefit.
In the name by which the district is designated the governing board may sue and be sued, and hold and convey property for the use and benefit of the school district.
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Section § 35163
This law says that any decisions made by the school district's governing board have to be approved by a vote among its members. The board must also keep detailed records of their meetings and decisions, documenting every official action taken.
Every official action taken by the governing board of every school district shall be affirmed by a formal vote of the members of the board, and the governing board of every school district shall keep minutes of its meetings, and shall maintain a journal of its proceedings in which shall be recorded every official act taken.
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Section § 35164
The governing board can make decisions only if more than half of its members agree.
The governing board shall act by majority vote of all of the membership constituting the governing board.
governing board majority vote membership decision-making vote requirement board actions quorum board members voting process board decisions
Section § 35165
If a school board has seven members and up to two spots are unfilled, the vacancies don't count towards the number needed for a majority or unanimous decisions. The board can proceed with decisions without considering these empty spots.
Notwithstanding any other provision of law, if a school district governing board consists of seven (7) members and not more than two vacancies occur on the governing board, the vacant position or positions shall not be counted for purposes of determining how many members of the board constitute a majority; and, whenever any of the provisions of this code require unanimous action of all or a specific number of the members elected or appointed to the governing board, the vacant position or positions shall be excluded from determination of the total membership constituting the governing board.
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Section § 35166
This law states that the governing board of a unified school district has all the powers and responsibilities that the boards of both elementary and high school districts have by law.
The governing board of each unified school district shall have the same powers and duties as are by law granted to the governing boards of the elementary school districts, and high school districts.
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Section § 35167
This law states that the rules and regulations that apply to elementary and high school districts in California also apply to unified school districts. Unified school districts are those that include both elementary and high school education levels.
Except where otherwise provided, all of the provisions of this code applicable to the government, maintenance, support, functions, and administration of elementary and high school districts are applicable to the government, maintenance, support, and administration of unified school districts.
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Section § 35168
Every school district must keep track of all valuable equipment they buy, specifically items worth more than $500. They need to record details like the item's description, ID number, original cost, when they got it, where it's used, and how they get rid of it. If the original cost is unclear, they can make a reasonable guess. Schools can choose the type of inventory system to use, as long as it meets the State Board of Education's approval.
The governing board of each school district, shall establish and maintain a historical inventory, or an audit trace inventory system, or any other inventory system authorized by the State Board of Education, which shall contain the description, name, identification numbers, and original cost of all items of equipment acquired by it whose current market value exceeds five hundred dollars ($500) per item, the date of acquisition, the location of use, and the time and mode of disposal. A reasonable estimate of the original cost may be used if the actual original cost is unknown.
school district inventory equipment tracking inventory system historical inventory audit trace State Board of Education market value original cost estimate assets record equipment disposal ID numbers acquisition date location of use
Section § 35170
This law allows any school district's governing board to obtain copyrights for works created by the district. Any money earned from these copyrights should be used for the benefit of the school district.
The governing board of any school district may secure copyrights, in the name of the district, to all copyrightable works developed by the school district, and royalties or revenue from said copyrights are to be for the benefit of the school district securing said copyrights.
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Section § 35171
This law requires school districts to create and distribute clear guidelines for evaluating the job performance of their teachers and other certified staff.
The governing board of any school district shall adopt and cause to be printed and made available to each certificated employee of the district reasonable rules and regulations providing for the evaluation of the performance of certificated employees in their assigned duties.
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Section § 35172
The school district's governing board has several powers to support education. They can conduct studies on school management and finances, participate in fairs to showcase educational activities, and keep the public informed about school programs. They're also allowed to join educational organizations and attend related meetings or conventions to enhance public education and benefit children's educational opportunities.
The governing board of any school district may:
(a)CA Education Code § 35172(a) Conduct studies through research and investigation as are determined by it to be required in connection with the present and future management, conditions, needs, and financial support of the schools; or join with other school district governing boards in the conduct of such studies.
(b)CA Education Code § 35172(b) Install and maintain exhibits of educational programs and activities of the school district at any county fair held in the county in which the district is located in whole or in part, or at any agricultural district fair held in the county in which the school district is located in whole or in part.
(c)CA Education Code § 35172(c) Inform and make known to the citizens of the district, the educational programs and activities of the schools therein.
(d)CA Education Code § 35172(d) Subscribe for membership for any school under its jurisdiction in any society, association, or organization which has for its purpose the promotion and advancement of public or private education.
(e)CA Education Code § 35172(e) Subscribe for membership in, or otherwise become a member of, any national, state or local organization of governing boards of school districts or members thereof which has for its purposes the promotion and advancement of public education through research and investigation, and the cooperation with persons and associations whose interests and purposes are the betterment of the educational opportunities of the children of the state.
(f)CA Education Code § 35172(f) Select a member or members of the board to attend meetings of any society, association, or organization for which the school district has subscribed for membership, or any convention to which it may pay the expenses of any employee.
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Section § 35175
This law section states that the responsibilities and authority of education boards in cities are determined by the local city laws, unless this code specifies something different.
The powers and duties of boards of education in cities are as prescribed in the laws governing the respective cities, except as otherwise provided by this code.
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Section § 35177
This law allows the governing board of a school district to set limits on how much money can be spent or contributed during elections for district offices. They must do this by passing a formal resolution.
The governing board of a district may by resolution limit campaign expenditures or contributions in elections to district offices.
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Section § 35178
If a school board member resigns and sets a future date for when it becomes effective, they can still perform all their usual duties until that date. However, they can't participate in voting for their own replacement if the board decides to appoint someone provisionally.
A member of the governing board of a school district who has tendered a resignation with a deferred effective date pursuant to Section 5090 shall, until the effective date of the resignation, continue to have the right to exercise all powers of a member of the governing board, except that such member shall not have the right to vote for his or her successor in an action taken by the board to make a provisional appointment pursuant to Section 5091.
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Section § 35178.4
If a public school in a district loses its accreditation from bodies like WASC, the school district's governing board must announce it at a public meeting. They must also inform all parents or guardians in writing, explaining the potential consequences, and post this information online. Additionally, schools must make the results of any inspection by accrediting agencies public within 60 days, either by notifying parents in writing or posting online.
(a)CA Education Code § 35178.4(a) A school district governing board shall give official notice at a regularly scheduled school board meeting if a public school within the district that has elected to be accredited by the Western Association of Schools and Colleges (WASC) or any other chartered accrediting agency loses its accreditation status.
(b)CA Education Code § 35178.4(b) If a school loses its accreditation status, the school district shall notify each parent or guardian of the pupils in the school that the school has lost its accreditation status, in writing, and this notice shall indicate the potential consequences of the school’s loss of accreditation status. This notice shall also be posted on the school district’s Internet Web site and the school’s Internet Web site, if any.
(c)CA Education Code § 35178.4(c) A school district that has within its jurisdiction a school that has elected to be accredited by WASC or any other chartered accrediting agency shall require that school to publish all results of any inspection of the school by the accrediting agency not later than 60 days after the results are made available to the school. Publication shall be either by notifying each parent or guardian in writing or by posting the information on the school district’s Internet Web site or the school’s Internet Web site, or by any combination of these methods, as determined by the school district.
accreditation status Western Association of Schools and Colleges public school notification school board meeting loss of accreditation parent or guardian notice consequences of accreditation loss school district website chartered accrediting agency inspection results notification requirement school transparency WASC district responsibilities parental communication
