Article 2 - Officers and Agents

California Education Code — §§ 35120-35124

Sections (4)

Amended by Stats. 2025, Ch. 639, Sec. 2. (AB 1390) Effective January 1, 2026.

(a)(1) In a school district in which the average daily attendance for the prior school year exceeded 250,000, each regular member of the governing board of the school district who attends all meetings held may receive as compensation for the regular member’s services a salary as set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee.
(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 regular member of the board who

attends all meetings held, a sum not to exceed four thousand five hundred dollars ($4,500) 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 regular 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 regular member’s services a sum not to exceed three thousand

dollars ($3,000) 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 regular 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 regular member’s services a sum not to exceed two thousand dollars ($2,000) 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 regular 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 regular member’s services a sum not to exceed one thousand two hundred dollars ($1,200) in any month.

(6)In a school district in which the average daily attendance for the prior school year was 1,000 or less, each regular 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 regular member’s services a sum not to exceed six hundred dollars ($600) in any month.
(7)A regular member or pupil member who does not attend all meetings held in any month may receive, as compensation for the regular member’s or pupil member’s services, an amount not greater than the maximum amount allowed by this subdivision or paragraph (2) of subdivision (f), as applicable, divided by the number of meetings held and multiplied by the number of meetings attended.
(8)For purposes of providing compensation pursuant to paragraphs
(1)to

(6), 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 regular 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 pupil member or regular 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 regular 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 either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided.
(2)Monthly

financial compensation as determined by the governing board.

(g)As used in this section, the following definitions apply:
(1)“Pupil member” means a pupil board member appointed pursuant to subdivision (d) of Section 35012.
(2)“Regular member” means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive, of Section 35012.

Added by Stats. 2025, Ch. 686, Sec. 2. (AB 320) Effective January 1, 2026.

(a)Notwithstanding any other law, and to the extent permitted by federal law, any compensation awarded to a pupil member pursuant to subdivision (f) of Section 35120 shall not be considered as income or resources when determining eligibility and benefit amount for any means-tested program, including, but not limited to, CalWORKs, General Assistance, Medi-Cal, and Cash Assistance Program for Immigrants (CAPI), and any scholarships for public colleges and universities, including, but not limited to, Cal Grant awards, Chafee grant awards, Middle Class Scholarship Program awards, California College Promise Grants, California State University Educational Opportunity Program (EOP) grants, Community College Extended Opportunity Programs and Services (EOPS) grants, and grants from the University of California

or the California State University.

(b)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section for programs under its jurisdiction by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations.
(c)This section shall apply to programs under the jurisdiction of the State Department of Social Services beginning on the date that the State Department of Social Services notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary

automation to implement this section for those programs. The department shall issue guidance as necessary to begin automation no later than July 1, 2026.

Enacted by Stats. 1976, Ch. 1010.

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.

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

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.