2005 California Education Code Sections 35160-35178.4 Article 4. Powers and Duties

35160.  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.
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) 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) The Legislature further declares that the adoption of this
section is a clarification of existing law under Section 35160.
35160.2.  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.
35160.5.  (a) The governing board of each school district that
maintains one or more schools containing any of grades 7 to 12,
inclusive, shall, as a condition for the receipt of an inflation
adjustment pursuant to Section 42238.1, 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) For purposes of this subdivision, "extracurricular activity"
means a program that has all of the following characteristics:
   (A) The program is supervised or financed by the school district.
   (B) Pupils participating in the program represent the school
district.
   (C) Pupils exercise some degree of freedom in either the
selection, planning, or control of the program.
   (D) The program includes both preparation for performance and
performance before an audience or spectators.
   (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) 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) Any 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) For purposes of this subdivision, "satisfactory educational
progress" shall include, but not be limited to, the following:
   (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) Maintenance of minimum progress toward meeting the high school
graduation requirements prescribed by the governing board.
   (6) For purposes of this subdivision, "previous grading period"
does not include any 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" is deemed to mean the grading period immediately prior to the
grading period or periods excluded pursuant to this paragraph.
   (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) 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 (4), 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 (4), during the
probationary period shall not be allowed to participate in
extracurricular and cocurricular activities in the subsequent grading
period.
   (9) Nothing in this subdivision shall 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.
   The governing board of each school district shall annually review
the school district policies adopted pursuant to the requirements of
this section.
   (b) (1) On or before July 1, 1994, the governing board of each
school district shall, as a condition for the receipt of school
apportionments from the state school fund, adopt rules and
regulations establishing a policy of open enrollment within the
district for residents of the district.  This requirement does not
apply to any school district that has only one school or any school
district with schools that do not serve any of the same grade levels.
   (2) The policy shall include all of the following elements:
   (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 his
or her 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) It shall include a selection policy for any 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 any pupil should be enrolled based upon his or
her academic or athletic performance.  For purposes of this
subdivision, the governing board of the school district shall
determine the capacity of the schools in its district.  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 Chapter 8 (commencing with
Section 52200) of Part 28.
   (C) It shall provide that no pupil who currently resides in the
attendance area of a school shall be displaced by pupils transferring
from outside the attendance area.
   (3) Notwithstanding the requirement of subparagraph (B) of
paragraph (2) that the policy include a selection policy for any
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 any of the following
elements:
   (A) 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 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) A written statement from a representative of the appropriate
state or local agency, including, but not limited to, a law
enforcement official or a social worker, or properly licensed or
registered professionals, including, but not limited to,
psychiatrists, psychologists, or marriage and family therapists.
   (ii) A court order, including a temporary restraining order and
injunction, issued by a judge.
   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) It may provide that any pupil attending a school prior to July
1, 1994, may be considered a current resident of that school for
purposes of this section until the pupil is promoted or graduates
from that school.
   (C) It may provide that no pupil who was on a waiting list for a
school or specialized program, on or before July 1, 1994, pursuant to
a then-existing district policy on transfers within the district,
shall be displaced by pupils transferring after July 1, 1994, from
outside the attendance area, as long as the continued maintenance on
a waiting list remains consistent with the former policy.
   (D) 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 his or her primary place of
employment.
   (E) It may include a process by which the school district informs
parents or guardians that certain schools or grade levels within a
school are currently, or are likely to be, at capacity and,
therefore, those schools or grade levels are unable to accommodate
any new pupils under the open enrollment policy.
   (4) It is the intent of the Legislature that, upon the request of
the pupil's parent or guardian and demonstration of financial need,
each school district provide transportation assistance to the pupil
to the extent that the district otherwise provides transportation
assistance to pupils.
35161.  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.
35162.  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.
35163.  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.
35164.  The governing board shall act by majority vote of all of the
membership constituting the governing board.
35165.  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.
35166.  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.
35167.  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.
35168.  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.
35170.  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.
35171.  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.
35172.  The governing board of any school district may:
   (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) 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) Inform and make known to the citizens of the district, the
educational programs and activities of the schools therein.
   (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) 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) 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.
35175.  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.
35177.  The governing board of a district may by resolution limit
campaign expenditures or contributions in elections to district
offices.
35178.  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.
35178.4.  A school 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 or any other chartered accrediting agency loses
its accreditation status.  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.