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HomeEducation CodeCh. 2Art. 1§ 35107 School Board Member Eligibility

§ 35107 School Board Member Eligibility

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 35107 School Board Member Eligibility

Key Takeaways

  • •Anyone 18 or older, who lives in the school district, is a registered voter, and not barred from holding office can join the school board.
  • •School employees must quit their job if they want to be on the school board. If they don’t quit, they lose their job when they join the board.
  • •School boards can set limits on how many terms someone can serve, but voters must approve it in an election.
  • •Board members can’t vote on job issues that only affect their family members, but they can vote on big decisions that affect all workers.

Example

A teacher in a school district decides to run for the school board.

If the teacher wins the election, they must quit their teaching job before joining the board. If they don’t quit, they will automatically lose their teaching job when they are sworn in as a board member.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 35107 School Board Member Eligibility

(a) Any person, regardless of sex, who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and who is not disqualified by the Constitution or laws of the state from holding a civil office, is eligible to be elected or appointed a member of a governing board of a school district without further qualifications. (b) (1) An employee of a school district may not be sworn into office as an elected or appointed member of that school district’s governing board unless and until he or she resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being sworn into office. (2) For any individual who is an employee of a school district and an elected or appointed member of that school district’s governing board prior to January 1, 1992, this subdivision shall apply when he or she is reelected or reappointed, on or after January 1, 1992, as a member of the school district’s governing board. (c) Notwithstanding any other provision of law, the governing board of a school district may adopt or the residents of the school district may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the governing board of the school district may serve on the governing board of the school district. Any proposal to limit the number of terms a member of the governing board of the school district may serve on the governing board of the school district shall apply prospectively only and shall not become operative unless it is submitted to the electors of the school district at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. (d) (1) An initiative measure proposed pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code. (2) A proposal submitted to the electors by the governing board pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 6 (commencing with Section 9500) of Division 9 of the Elections Code. (e) A member of the governing board of a school district shall abstain from voting on personnel matters that uniquely affect a relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. For purposes of this section, “relative” means an adult who is related to the person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree. (Amended by Stats. 1995, Ch. 879, Sec. 6. Effective January 1, 1996.)

Last verified: January 23, 2026

Key Terms

employmentadoptionroademployeeschoolmajorityelectionconstitution

Related Statutes

  • § 72103 Community College Board Eligibility
  • § 45119 Merit System Adoption Rules
  • § 5201 Charter Control Of Schools
  • § 5202 Charter City School Governance
  • § 60213 Instructional Materials Adoption Notice

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 35107.
View Official Source