reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - English Language Education for Immigrant Children › ARTICLE 3 - Parental Exceptions › Section 310.

310. (a) Parents or legal guardians of pupils enrolled in the school may choose a language acquisition program that best suits their child pursuant to this section. Schools in which the parents or legal guardians of 30 pupils or more per school or the parents or legal guardians of 20 pupils or more in any grade request a language acquisition program that is designed to provide language instruction shall be required to offer such a program to the extent possible, based upon the requirements of Section 305.
(b) If a school district implements a language acquisition program pursuant to this section, it shall do both of the following:
(1) Comply with the kindergarten and grades 1 to 3, inclusive, class size requirements specified in Section 42238.02.
(2) Provide, as part of the annual parent notice required pursuant to Section 48980 or upon enrollment, the parent or legal guardian of a minor pupil with information on the types of language programs available to pupils enrolled in the school district, including, but not limited to, a description of each program.
(Amended by Stats. 2014, Ch. 753, Sec. 5. (SB 1174) Approved in Proposition 58 at the November 8, 2016, election. Operative July 1, 2017, by Sec. 9 of Proposition 58.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - English Language Education for Immigrant Children › ARTICLE 3.5 - English Language Proficiency Assessment › Section 313.1.

313.1. For purposes of this article, the following terms have the following meanings:
(a) (1) “Long-term English learner” means an English learner to which all of the following apply:
(A) Is enrolled in any of grades 6 to 12, inclusive.
(B) Has been enrolled in schools in the United States for six years or more.
(C) Has remained at the same English language proficiency level for two or more consecutive prior years, or has regressed to a lower English language proficiency level, as determined by the English language development test identified or developed pursuant to Section 60810, or a score determined by the Superintendent on any successor test.
(D) For a pupil in any of grades 6 to 9, inclusive, has scored far below basic or below basic on the prior year’s English language arts standards-based achievement test administered pursuant to Section 60640, or a score determined by the Superintendent on any successor test.
(2) A pupil for which the required testing results are not available for either subparagraph (C) or (D) of paragraph (1) shall not have that criteria applied and such pupil shall not be excluded based on that criteria.
(b) (1) “English learner at risk of becoming a long-term English learner” means an English learner to which all of the following apply:
(A) Is enrolled in any of grades 3 to 12, inclusive.
(B) Has been enrolled in schools in the United States for four to five years.
(C) Has scored at the intermediate level or below on the prior year’s English language development test identified or developed pursuant to Section 60810, or a score determined by the Superintendent on any successor test.
(D) For a pupil in any of grades 3 to 9, inclusive, has scored in the fourth or fifth year at the below basic or far below basic level on the prior year’s English language arts standards-based achievement test administered pursuant to Section 60640, or a score determined by the Superintendent on any successor test.
(2) A pupil for which the required testing results are not available for either subparagraph (C) or (D) of paragraph (1) shall not have that criteria applied and such pupil shall not be excluded based on that criteria.
(3) The Superintendent is encouraged to revisit a score determined for any successor test pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (a) and subparagraphs (C) and (D) of paragraph (1) of this subdivision after three years of assessment data on the successor test.
(Amended by Stats. 2015, Ch. 660, Sec. 1. (SB 750) Effective January 1, 2016.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - English Language Education for Immigrant Children › ARTICLE 3.5 - English Language Proficiency Assessment › Section 313.2.

313.2. (a) The department shall annually ascertain the number of pupils in each school district and school, including a school that is within the jurisdiction of a county office of education and a charter school, who are, or are at risk of becoming, long-term English learners, as those terms are defined in Section 313.1.
(b) The department shall annually provide the information described in subdivision (a) to school districts and schools and post on the department’s Internet Web site the number of long-term English learners and English learners at risk of becoming long-term English learners in the state.
(c) In addition to the information specified in subdivision (b) of Section 440, the notice of assessment of a child’s English proficiency shall also contain all of the following information:
(1) Whether the child is a long-term English learner or English learner at risk of becoming a long-term English learner, as those terms are defined in Section 313.1.
(2) The manner in which the program for English language development instruction will meet the educational strengths and needs of long-term English learners or English learners at risk of becoming long-term English learners.
(3) The manner in which the program for English language development instruction will help long-term English learners or English learners at risk of becoming long-term English learners develop English proficiency and meet age-appropriate academic standards.
(d) A local educational agency or charter school may, to comply with the requirements of subdivision (c), send a notice to parents and guardians that identifies pupils as long-term English learners or English learners at risk of becoming long-term English learners, including pupils in addition to those who meet the definitions in Section 313.1, if all of the following conditions are met:
(1) The definitions used by the local educational agency or charter school are broader than those in Section 313.1 and consequently include all pupils who meet the definitions in Section 313.1.
(2) The notice states that the definitions used by the local educational agency or charter school are broader than those in state law.
(3) The notice includes the information specified in paragraphs (2) and (3) of subdivision (c).
(Amended by Stats. 2017, Ch. 609, Sec. 1. (AB 81) Effective January 1, 2018.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - English Language Education for Immigrant Children › ARTICLE 4 - Community-Based English Tutoring › Section 315.

315. In furtherance of its constitutional and legal requirement to offer special language assistance to children coming from backgrounds of limited English proficiency, the state shall encourage family members and others to provide personal English language tutoring to such children, and support these efforts by raising the general level of English language knowledge in the community. Commencing with the fiscal year in which this initiative is enacted and for each of the nine fiscal years following thereafter, a sum of fifty million dollars ($50,000,000) per year is hereby appropriated from the General Fund for the purpose of providing additional funding for free or subsidized programs of adult English language instruction to parents or other members of the community who pledge to provide personal English language tutoring to California school children with limited English proficiency.
(Added June 2, 1998, by initiative Proposition 227. Became operative on date prescribed in Section 330.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - English Language Education for Immigrant Children › ARTICLE 4 - Community-Based English Tutoring › Section 316.

316. Programs funded pursuant to this section shall be provided through schools or community organizations. Funding for these programs shall be administered by the Office of the Superintendent of Public Instruction, and shall be disbursed at the discretion of the local school boards, under reasonable guidelines established by, and subject to the review of, the State Board of Education.
(Added June 2, 1998, by initiative Proposition 227. Became operative on date prescribed in Section 330.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - English Language Education for Immigrant Children › ARTICLE 5 - Legal Standing and Parental Enforcement › Section 320.

320. As detailed in Section 5 of Article IX of the California Constitution, and Article 2 (commencing with Section 305) and Article 3 (commencing with Section 310), respectively, all California school children have the right to be provided with a free public education and an English language public education.
(Amended by Stats. 2014, Ch. 753, Sec. 7. (SB 1174) Approved in Proposition 58 at the November 8, 2016, election. Operative July 1, 2017, by Sec. 9 of Proposition 58.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - English Language Education for Immigrant Children › ARTICLE 6 - Severability › Section 325.

325. If any part or parts of this statute are found to be in conflict with federal law or the United States or the California State Constitution, the statute shall be implemented to the maximum extent that federal law, and the United States and the California State Constitution permit. Any provision held invalid shall be severed from the remaining portions of this statute.
(Added June 2, 1998, by initiative Proposition 227. Note: In the text, "this statute" refers to Chapter 3 (commencing with Section 300), which was added by Prop. 227.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - English Language Education for Immigrant Children › ARTICLE 7 - Operative Date › Section 330.

330. This initiative shall become operative for all school terms which begin more than sixty days following the date on which it becomes effective.
(Added June 2, 1998, by initiative Proposition 227. Note: In the text, "this initiative" refers to Chapter 3 (commencing with Section 300), which was added by Prop. 227.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - English Language Education for Immigrant Children › ARTICLE 8 - Amendment › Section 335.

335. The provisions of this act may be amended by a statute that becomes effective upon approval by the electorate or by a statute passed by a majority vote of each house of the Legislature and signed by the Governor.
(Amended by Stats. 2014, Ch. 753, Sec. 8. (SB 1174) Approved in Proposition 58 at the November 8, 2016, election. Operative July 1, 2017, by Sec. 9 of Proposition 58. Note: In the text, "this act" refers to Chapter 3 (commencing with Section 300), which was added June 2, 1998, by Prop. 227 and amended Nov. 8, 2016, by Prop. 58.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - English Language Education for Immigrant Children › ARTICLE 9 - Interpretation › Section 340.

340. Under circumstances in which portions of this statute are subject to conflicting interpretations, Section 300 shall be assumed to contain the governing intent of the statute.
(Added June 2, 1998, by initiative Proposition 227. Note: In the text, "this statute" refers to Chapter 3 (commencing with Section 300), which was added by Prop. 227.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - English Language Learner Acquisition and Development Pilot Program › Section 421.

421. For purposes of this chapter, “local educational agency” means a charter school, school district, or county office of education.
(Added by Stats. 2006, Ch. 561, Sec. 1. Effective January 1, 2007.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - English Learner and Immigrant Pupil Federal Conformity Act › Section 430.

430. (a) This chapter shall be known, and may be cited, as the English Learner and Immigrant Pupil Federal Conformity Act.
(b) The purpose of this chapter is to ensure that instructional services are provided to pupils with limited English proficiency in conformity with federal requirements that are designed to ensure that all pupils have reasonable access to educational opportunities that are necessary in order for the pupils to achieve at high levels in English and in the other core curriculum areas of instruction.
(c) This chapter is intended to be declaratory of Title III of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and is intended to assist local educational agencies in understanding the requirements and funding formulas to provide allowable services. It is the intent of the Legislature that, to the extent federal law is amended, this chapter will be amended to conform to those changes.
(d) The requirements of this chapter apply only to local educational agencies that receive federal funds pursuant to Title III of the federal No Child Left Behind Act of 2001.
(Amended by Stats. 2003, Ch. 62, Sec. 30. Effective January 1, 2004.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - English Learner and Immigrant Pupil Federal Conformity Act › Section 435.

435. For purposes of this chapter, the following terms have the following meanings:
(a) “English learner” or “pupil of limited English proficiency” means a pupil who was not born in the United States or whose native language is a language other than English or who comes from an environment where a language other than English is dominant; and whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the ability to meet the state’s proficient level of achievement on state assessments, the ability to successfully achieve in classrooms where the language of instruction is English, or the opportunity to participate fully in society.
(b) “Immigrant pupil” means a pupil who was born in a country other than the United States and who has attended a kindergarten class or any of grades 1 to 12, inclusive, in a school in the United States for three or fewer years.
(c) “Federal No Child Left Behind Act of 2001” means Public Law Number 107-110 (20 U.S.C. Sec. 6801, et seq.).
(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - English Learner and Immigrant Pupil Federal Conformity Act › Section 440.

440. (a) A local educational agency shall provide instructional services to limited-English-proficient pupils and immigrant pupils in conformity with Section 6801 and following of Title 20 of the United States Code.
(b) In accordance with Section 7012 of Title 20 of the United States Code, each parent or guardian of a pupil enrolled in a public school shall receive notice of the assessment of his or her child’s English language proficiency not later than 30 days after the start of the school year. The notice shall include all of the following:
(1) The reason for the child’s classification as limited English proficient.
(2) The level of English proficiency.
(3) A description of the program for the English language development instruction, including a description of all of the following:
(A) The manner in which the program will meet the educational strengths and needs of the child.
(B) The manner in which the program will help the child develop his or her English proficiency and meet age appropriate academic standards.
(C) The specific exit requirements for the program, the expected rate of transition from the program into classrooms that are not tailored for limited-English-proficient children, and the expected rate of graduation from secondary school for the program if funds available under Sections 6801 and following of Title 20 of the United States Code are used for children in secondary schools.
(D) Where the child has been identified as having exceptional needs, the manner in which the program meets the requirements of the child’s individualized education plan.
(4) Information regarding a parent or guardian’s option to decline to allow the child to become enrolled in the program or to choose to allow the child to become enrolled in an alternative program.
(5) Information designed to assist a parent or guardian in selecting among available programs, if more than one program is offered.
(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - English Learner and Immigrant Pupil Federal Conformity Act › Section 441.

441. A local educational agency that receives federal funds for a language instruction program and that fails to make progress on the annual pupil achievement objectives in any fiscal year shall inform each parent or guardian of each pupil identified for participation in that program, or participating in that program, within 30 days of the occurrence of the failure, as required pursuant to Section 7012 (b) of Title 20 of the United States Code.
(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - English Learner and Immigrant Pupil Federal Conformity Act › Section 442.

442. In accordance with Section 6824 (d) of Title 20 of the United States Code, a local educational agency that experiences a significant increase, as determined by the State Department of Education, in the number of immigrant pupils in comparison to the average of the preceding two years may be eligible for a federal subgrant if that local educational agency agrees to expend the funds to improve the education of immigrant pupils by assisting the pupils to learn English and meet challenging state academic content and pupil achievement standards.
(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - English Learner and Immigrant Pupil Federal Conformity Act › Section 443.

443. (a) In accordance with Section 6826 of Title 20 of the United States Code, an eligible local educational agency desiring a subgrant pursuant to Section 6824 of Title 20 of the United States Code shall submit a plan to the State Department of Education at the time, in the manner, and containing the information, that the State Department of Education may require.
(b) The plan submitted shall do the following:
(1) Describe the programs and activities to be developed, implemented, and administered.
(2) Describe how the agency will use the subgrant funds to meet all annual measurable achievement objectives for limited-English-proficient pupils in English proficiency and in meeting challenging state academic content and pupil academic achievement standards.
(3) Describe how the agency will hold elementary schools and secondary schools accountable for all of the following:
(A) Meeting the annual measurable achievement objectives.
(B) Making adequate yearly progress for limited-English-proficient pupils.
(C) Annually measuring the English proficiency of limited-English-proficient pupils so that pupils served develop proficiency in English while meeting state academic content and pupil academic achievement standards.
(4) Describe how the agency will promote parental and community participation in programs for limited-English-proficient pupils.
(5) Contain an assurance that the agency consulted with teachers, researchers, school administrators, and parents, and, if appropriate, with education-related community groups and nonprofit organizations, and institutions of higher education, in developing the plan.
(6) Describe how language instruction education programs carried out under the subgrant will ensure that limited-English-proficient pupils being served by the programs develop English proficiency.
(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - English Learner and Immigrant Pupil Federal Conformity Act › Section 444.

444. In accordance with Section 6826 (c) of Title 20 of the United States Code, a local educational agency that receives a federal subgrant pursuant to Sections 6801 and following of Title 20 of the United States Code shall include in its plan a certification that all teachers in any language instruction education program for limited-English-proficient pupils that is, or will be, funded under Part A of Title III of the federal No Child Left Behind Act of 2001 are fluent in English and any other language used for instruction, including having written and oral communication skills.
(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - English Learner and Immigrant Pupil Federal Conformity Act › Section 445.

445. In accordance with Section 6846 of Title 20 of the United States Code, nothing in this chapter shall be construed to negate or supersede state law or the legal authority under state law of the State Department of Education.
(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - English Learner and Immigrant Pupil Federal Conformity Act › Section 446.

446. In compliance with Section 6824 of Title 20 of the United States Code, the Superintendent of Public Instruction may not award a subgrant in an amount that is less than ten thousand dollars ($10,000). A local educational agency may form a consortium with one or more other local educational agencies to apply for Title III funds as a consortium, if the grant to the consortium is ten thousand dollars ($10,000) or more. A consortium shall include only those entities specified by Section 6871 of Title 20 of the United States Code. If a consortium applies for a subgrant, it shall be awarded to the local lead educational agency on behalf of all of the members of the consortium. The members of the consortium shall collectively develop and approve a memorandum of understanding for the implementation of the programs and services they will provide with these funds.
(Amended by Stats. 2003, Ch. 62, Sec. 31. Effective January 1, 2004.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1001.

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) 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) “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.
(Amended by Stats. 1987, Ch. 870, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1002.

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) 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) 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) 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.
(Amended by Stats. 2023, Ch. 343, Sec. 3. (AB 764) Effective January 1, 2024.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1003.

1003. 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.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1004.

1004. 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”
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1005.

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) 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) 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.
(Repealed and added by Stats. 2023, Ch. 343, Sec. 5. (AB 764) Effective January 1, 2024.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1006.

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) 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) 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.
(Amended by Stats. 2012, Ch. 499, Sec. 1. (AB 1662) Effective January 1, 2013.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1007.

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) 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.
(Amended by Stats. 2018, Ch. 146, Sec. 1. (AB 2449) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1008.

1008. 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.
(Repealed and added by Stats. 1979, Ch. 9.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1009.

1009. 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.
(Amended by Stats. 2018, Ch. 146, Sec. 2. (AB 2449) Effective January 1, 2019.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1010.

1010. The county superintendent of schools is ex officio secretary and executive officer of the board.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1011.

1011. 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.
(Amended by Stats. 1987, Ch. 1452, Sec. 4.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1012.

1012. 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.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1013.

1013. A majority of the members shall constitute a quorum for the transaction of business.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1014.

1014. 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.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1015.

1015. 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.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1016.

1016. 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.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 1 - Election, Jurisdiction, Organization and Procedure › Section 1017.

1017. 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.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 2 - Duties and Responsibilities › Section 1040.

1040. County boards of education shall:
(a) Adopt rules and regulations not inconsistent with the laws of this state, for their own government.
(b) Keep a record of their proceedings.
(c) Approve the annual budget of the county superintendent of schools before its submission to the county board of supervisors.
(d) Approve the annual county school service fund budget of the county superintendent of schools before its submission to the Superintendent of Public Instruction.
(e) Review, as a scheduled agenda item at a regularly scheduled public meeting held pursuant to Article 1 (commencing with Section 1000) of this chapter, the report of the annual audit provided for by the county superintendent of schools under Section 41020.
(Amended by Stats. 1985, Ch. 741, Sec. 2.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 2 - Duties and Responsibilities › Section 1041.

1041. County boards of education may:
(a) Adopt and use an official seal in authentication of their acts.
(b) Have such printing done as may be necessary.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 2 - Duties and Responsibilities › Section 1042.

1042. County boards of education may do all of the following:
(a) Adopt rules and regulations governing the administration of the office of the county superintendent of schools.
(b) Review the county superintendent of schools annual itemized estimate of anticipated revenue and expenditures before the annual itemized estimate is filed with the auditor as required by Section 29040 of the Government Code, and make revisions, reductions, or additions in the annual itemized estimate it deems advisable and proper. An annual itemized estimate shall not be filed by the county superintendent of schools or be approved by the board of supervisors until it has first been so reviewed and approved by the county board of education.
(c) In the name by which the board of education is designated, acquire, lease, lease-purchase, hold, and convey real property for the purpose of housing the offices and the services of the county superintendent of schools, except that this subdivision shall only apply to the county boards of education to which all or a portion of the duties and functions of the county board of supervisors specified in subdivision (b) of Section 1080 have been transferred, with the exception of the recreational duties and recreational functions specified in subdivisions (c) and (d) of Section 1080.
(d) Contract with and employ any persons for the furnishing to the county board of education of special services and advice in financial, economic, accounting, engineering, legal, or administrative matters if these persons are specially trained and experienced and competent to perform the special services required. The county board of education may pay from any available funds the compensation that it deems proper for the services rendered.
(e) (1) Notwithstanding Section 25304 of the Government Code, fill by appointment any vacancy that occurs during the term of office of the county superintendent of schools. In a county in which the superintendent is elected, the appointee shall hold office until the office is filled by election at the next gubernatorial election.
(2) The authority described in this subdivision shall be vested in a county board of education only upon its adoption by the board at a public meeting held pursuant to Article 1 (commencing with Section 1000).
(f) This section shall become operative on July 1, 2017.
(Repealed (in Sec. 1) and added by Stats. 2012, Ch. 38, Sec. 2. (SB 1016) Effective June 27, 2012. Section operative July 1, 2017, by its own provisions.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 2 - Duties and Responsibilities › Section 1043.

1043. Upon the adoption of a resolution by the board of supervisors of the county consenting to the transfer of the functions specified in this section, the functions specified in this section shall be transferred from the county board of supervisors to the county board of education. The functions, including, but not limited to, the receipt of petition and reports and other papers, are those specified in Sections 35001, 35002, 35676, 35698, 35699, 35703, 35704, 35705, 35722, 35723, 35724, 74100, 74104, 74131, 74132, 74134, 74151, 74153, 74156, 74250, 74251, and 74295.
Upon the adoption of the resolution, any reference, with respect to that county, in those sections to the board of supervisors shall be deemed to be a reference to the county board of education of that county and any reference to the clerk of the county board of supervisors shall be deemed to be a reference to the secretary of the county board of education of that county.
(Amended by Stats. 1990, Ch. 1372, Sec. 11.)
2023 California Code › Education Code - EDC › TITLE 1 - GENERAL EDUCATION CODE PROVISIONS › DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS › PART 2 - COUNTY EDUCATIONAL AGENCIES › CHAPTER 1 - County Boards of Education › ARTICLE 2 - Duties and Responsibilities › Section 1044.

1044. Any county board of education may secure copyrights, in the name of the board, to all copyrightable works developed by the board, and royalties or revenue from such copyrights are to be for the benefit of the board securing such copyrights.
(Enacted by Stats. 1976, Ch. 1010.)