Cal. Codes » Education Code / TITLE 2. ELEMENTARY AND SECONDARY EDUCATION / DIVISION 3. LOCAL ADMINISTRATION / PART 21. LOCAL EDUCATIONAL AGENCIES / CHAPTER 2. Governing Boards / ARTICLE 4. Powers and Duties
California Codes

Cal. Education Code § 35160.1 (2026)

Powers and Duties — Governing Boards

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(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.

Notes of Decisions
Cited in 6 cases, 1992–2009 · leading case: California Teachers Ass'n v. Governing Bd. of Rialto Unified Sch. Dist., 927 P.2d 1175 (Cal. 1997).
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California Teachers Ass'n v. Governing Bd. of Rialto Unified Sch. Dist., 927 P.2d 1175 (Cal. 1997). · cites it 2× “” (Ed. Code, § 35160.1, subd. (a), italics added.”
East Side Union High Sch. Dist. v. Whittle Commc'ns, L. P., 28 Cal. App. 4th 998 (Cal. Ct. App. 1994). “f 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…”
Am. Civil Rights Found. v. Berkeley Unified Sch. Dist., 172 Cal. App. 4th 207 (Cal. Ct. App. 2009). “” (Ed. Code, § 35160.1, subd. (a).) The authority of school boards extends to setting student assignment policies.”
Governing Bd. of Ripon Unified Sch. Dist. v. Comm'n on Prof'l Competence, 177 Cal. App. 4th 1379 (Cal. Ct. App. 2009). “e 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, *1386 in the determination of the…”
Bacus v. Palo Verde Unified Sch. Dist. Bd. of Educ., 11 F. Supp. 2d 1192 (C.D. Cal. 1998). “California Education Code § 35160.1(b) gives school boards “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 .”
Untitled California Attorney Gen. Opinion, No. 92-201 (Cal. Att'y Gen. Oct. 6, 1992). “1(a) (clarifying the purpose of § 35160). The Legislature has also specified that the "broad authority to carry on activities and programs" under this statute is to be "liberally construed.”
Cal. Education Code § 35160.1(b): 2 cases
Bacus v. Palo Verde Unified Sch. Dist. Bd. of Educ., 11 F. Supp. 2d 1192 (C.D. Cal. 1998). “California Education Code § 35160.1(b) gives school boards “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 .”
Untitled California Attorney Gen. Opinion, No. 92-201 (Cal. Att'y Gen. Oct. 6, 1992). “1(a) (clarifying the purpose of § 35160). The Legislature has also specified that the "broad authority to carry on activities and programs" under this statute is to be "liberally construed.”
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