Code Section Group

Education Code - EDC

TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 64100]

  ( Title 2 enacted by Stats. 1976, Ch. 1010. )

DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500]

  ( Division 3 enacted by Stats. 1976, Ch. 1010. )

PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787]

  ( Part 21 enacted by Stats. 1976, Ch. 1010. )

CHAPTER 2. Governing Boards [35100 - 35401]

  ( Chapter 2 enacted by Stats. 1976, Ch. 1010. )

ARTICLE 2. Officers and Agents [35120 - 35124]
  ( Article 2 enacted by Stats. 1976, Ch. 1010. )

35120.
  

(a) (1) In a school district in which the average daily attendance for the prior school year exceeded 400,000, each member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the member’s services a sum not to exceed two thousand dollars ($2,000) per month.

(2) In a school district that is not located in a city and county, and in which the average daily attendance for the prior school year exceeded 60,000, the governing board may prescribe, as compensation for the services of each member of the board who attends all meetings held, a sum not to exceed one thousand five hundred dollars ($1,500) in any month.

(3) In a school district in which the average daily attendance for the prior school year was 60,000 or less, but more than 25,000, each member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the member’s services a sum not to exceed seven hundred fifty dollars ($750) in any month.

(4) In a school district in which the average daily attendance for the prior school year was 25,000 or less, but more than 10,000, each member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the member’s services a sum not to exceed four hundred dollars ($400) in any month.

(5) In a school district in which the average daily attendance for the prior school year was 10,000 or less, but more than 1,000, each member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the member’s services a sum not to exceed two hundred forty dollars ($240) in any month.

(6) In a school district in which the average daily attendance for the prior school year was 1,000 or less, but more than 150, each member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the member’s services a sum not to exceed one hundred twenty dollars ($120) in any month.

(7) In a school district in which the average daily attendance for the prior school year was less than 150, each member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the member’s services a sum not to exceed sixty dollars ($60) per month.

(8) A member who does not attend all meetings held in any month may receive, as compensation for the member’s services, an amount not greater than the maximum amount allowed by this subdivision divided by the number of meetings held and multiplied by the number of meetings attended.

(9) For purposes of providing compensation pursuant to paragraphs (1) to (7), inclusive, average daily attendance for the prior school year may be increased by a school district’s percentage of excused absences reported for the 1996–97 fiscal year.

(b) The compensation of members of the governing board of a school district newly organized or reorganized shall be governed by subdivision (a). For this purpose, the total average daily attendance in all of the schools of the school district in the school year in which the organization or reorganization became effective shall be considered the average daily attendance in the school district for the prior school year.

(c) A member may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that at the time of the meeting the member is performing services outside the meeting for the school district or districts, the member was ill or on jury duty, or the absence was due to a hardship considered acceptable by the board.

(d) Compensation provided pursuant to this section shall be a charge against the funds of the school district. If the city board of education or the governing board of the school district is the governing board of more than one school district, the compensation shall be charged against and paid by the respective school districts in the same proportion as the salary of the city superintendent of schools is charged against them. Compensation shall be reduced by an amount equal to any salary or compensation paid to the members of the city board of education from any funds of the city.

(e) On an annual basis, the governing board may increase the compensation of individual board members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. An increase made pursuant to this subdivision shall be effective upon approval by the governing board.

(f) The governing board of a school district may award a pupil member elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided.

(Amended by Stats. 2019, Ch. 437, Sec. 2. (AB 709) Effective January 1, 2020.)

35121.
  

In any school district organized under the provisions of Section 35502 and which is also a high school district, and which districts are governed by a board of school trustees, and which districts have an average daily attendance in the elementary school district of at least 800, as shown by the last report of the principal of schools in the elementary school district, on file in the office of the county superintendent of schools, the trustees of the school district may appoint a clerk, who shall not be one of their own number, to act for the elementary district trustees and the high school district trustees to hold office at the pleasure of the board of trustees. The board may fix the salary of the clerk at a sum not exceeding twenty-five dollars ($25) per month for the two districts, which shall be paid in the same manner and from the same funds as other incidental expenses of the districts are paid.

(Enacted by Stats. 1976, Ch. 1010.)

35124.
  

The superintendent of schools of a unified school district that is coterminous with the boundaries of a city and county shall have all the powers and duties set forth in this code for a superintendent of any school district of the class of school that is included within the unified school district and also shall perform the duties of the county superintendent. The superintendent shall have his or her compensation fixed and ordered paid by the board of education, anything in a city, county, or city and county charter to the contrary notwithstanding.

(Amended by Stats. 1987, Ch. 1452, Sec. 194.)

EDCEducation Code - EDC2