Not an official District document; independently assembled by David Weekly. May contain errors. Questions? Contact us.
← Board Policies Manual
9250 AR Administrative Regulation

Remuneration, Reimbursement And Other Benefits

Compensation Each member of the Governing Board may receive the maximum monthly compensation as provided for in Education Code 35120. On an annual basis, the Governing Board may increase the compensation of Board members beyond the limit delineated in Education Code 35120 in an amount not to exceed five percent based on the present monthly rate of compensation. (Education Code 35120) Board members are not required to accept payment for meetings attended. Any member who does not attend all Board meetings during the month is eligible to receive only a percentage of the monthly compensation equal to the percentage of meetings he/she attended, unless otherwise authorized by the Board in accordance with law. (Education Code 35120) A member may be compensated for meetings he/she missed when the Governing Board, by resolution, finds that he/she was performing designated services for the district at the time of the meeting or that he/she was absent because of illness, jury duty, or a hardship deemed acceptable by the Board. (Education Code 35120) Student Board members, if any, shall receive no compensation for meetings attended. (Education Code 35012) Whenever a quorum of Board members serves as another legislative body which will meet simultaneously or in serial order to a Board meeting, the Board clerk or a member of the Board shall verbally announce the amount of any additional compensation or stipend that each member will be entitled to receive as a result of convening the simultaneous or serial meeting. (Government Code 54952.3) Reimbursement of Expenses Board members shall be reimbursed for actual and necessary expenses incurred when performing authorized services for the district. Expenses for travel, telephone, business meals, or other authorized purposes shall be in accordance with policies established for district personnel and at the same rate of reimbursement. Board members shall be reimbursed for travel expenses incurred when performing services directed by the Governing Board. (Education Code 35044) Authorized purposes may include, but are not limited to, attendance at educational seminars or conferences designed to improve Board members' skills and knowledge; participation in regional, state, or national organizations whose activities affect the district's interests; attendance at district or community events; and meetings with state or federal officials on issues of community concern. Personal expenses shall be the responsibility of individual Board members. Personal expenses include, but are not limited to, the personal portion of any trip, tips or gratuities, alcohol, entertainment, laundry, expenses of any family member who is accompanying the Board member on district-related business, personal use of an automobile, and personal losses and traffic violation fees incurred while on district business. Any questions regarding the propriety of a particular type of expense should be resolved by the Superintendent or designee before the expense is incurred. Board members may use district-issued credit cards while on official district business and consistent with the limits established for district personnel. Personal expenses shall not be charged on a district-issued credit card, even if the Governing Board member intends to subsequently reimburse the district for the personal charges. Health and Welfare Benefits for Current Board Members Board members may participate in the health and welfare benefits program provided for district employees. Health and welfare benefits for Board members shall be no greater than that received by the district's nonsafety employees with the most generous schedule of benefits. (Government Code 53208.5) The district shall pay the premiums required for Board members electing to participate in the district health and welfare benefits program to the same extent that it pays for district employees. Health and welfare benefits provided to Board members shall be extended at the same level to their spouse/registered domestic partner and to their eligible dependent children as specified in law and the health plan. Health and Welfare Benefits for Former Board Members Former Board members may participate in the health and welfare benefits program provided for district employees under the conditions specified below. Health and welfare benefits for former Board members shall be no greater than those received by district nonsafety employees with the most generous schedule of benefits. (Government Code 53208.5). Board members may elect to take COBRA for benefits for up to 18 months after the seat is vacated.

Legal & Management References

State
Cal. Const. Art. XVI, Sec. 6 - Prohibition on gifts of public funds
Ed. Code 33050-33053 - General waiver authority
Ed. Code 33362-33363 - Reimbursement of expenses; board member or member-elect
Ed. Code 35012 - Board members; number, election, and terms
Ed. Code 35044 - Payment of traveling expenses of representatives of board
Ed. Code 35120 - Board member compensation
Ed. Code 35160 - School Board authority
Ed. Code 35172 - Promotional activities
Ed. Code 44038 - Cash deposits for transportation purchased on credit
Fam. Code 297-297.5 - Rights, protections, benefits under the law; registered domestic partners
Gov. Code 20322 - Elective officers; election to become member
Gov. Code 20420-20445 - Membership in Public Employees' Retirement System; definition of safety employees
Gov. Code 3543.7 - Duty to meet and negotiate in good faith
Gov. Code 53200-53209 - Group insurance
Gov. Code 54952.3 - Simultaneous or serial meetings; announcement of compensation
Gov. Code 8314 - Use of public resources
H&S Code 1373 - Health services plan; coverage for dependent children
Ins. Code 10277-10278 - Group and individual health insurance; coverage for dependent children
Federal
26 CFR 1.403(b)-2 - Tax-sheltered annuities; definition of employee
26 USC 403 - Tax-sheltered annuities
42 USC 18011 - Right to maintain existing health coverage
Management Resources
Attorney General Opinion - 83 Ops.Cal.Atty.Gen. 124 (2000)
Attorney General Opinion - 91 Ops.Cal.Atty.Gen. 37 (2008)
Court Decision - Thorning v. Hollister School District (1992) 11 Cal.App.4th 1598
Court Decision - Board of Education of the Palo Alto Unified School District v. Superior Court of Santa Clara County (1979) 93 Cal.App.3d 578
Institute for Local Government Publication - Sample Expense and Use of Public Resources Policy Statement, January 2006
Internal Revenue Service Publication - Tax-Sheltered Annuity Plans (403(b) Plans) for Employees of Public Schools and Certain Tax-Exempt Organizations, Publication 571, rev. January 2025
Website - CSBA District and County Office of Education Legal Services
Website - Public Employees' Retirement System
Website - Institute for Local Government
Website - Internal Revenue Service
Website - CSBA

Cross References