AB 2449: School districts, county offices of education, and community college districts: governing boards: elections.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-07-20
Under existing law relating to the election of members of governing boards of school districts and governing boards of community college districts, the terms of office of certain board members commences on the first Friday in December. Under existing law relating to the election of members of county boards of education, the terms of office of certain board members commences on the last Friday in November.
This bill would instead provide for the commencement of those terms of office on the 2nd Friday in December. To the extent the bill would impose additional duties on school districts, county offices of education, and community college districts, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under existing law relating to the election of members of governing boards of school districts and governing boards of community college districts, the terms of office of certain board members commences on the first Friday in December. Under existing law relating to the election of members of county boards of education, the terms of office of certain board members commences on the last Friday in November.
This bill would instead provide for the commencement of those terms of office on the 2nd Friday in December. To the extent the bill would impose additional duties on school districts, county offices of education, and community college districts, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under existing law relating to the election of members of governing boards of school districts and governing boards of community college districts, the terms of office of certain board members commences on the first Friday in December. Under existing law relating to the election of members of county boards of education, the terms of office of certain board members commences on the last Friday in November.
This bill would instead provide for the commencement of those terms of office on the 2nd Friday in December. To the extent the bill would impose additional duties on school districts, county offices of education, and community college districts, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)Members of the county board of education shall be elected on the date and in the manner prescribed for the election of members of governing boards of school districts, provided the elections are held throughout the county on the same date; otherwise the election shall be consolidated with the direct primary election. Once established, no subsequent change of circumstances shall require that the time of holding the election be changed. Where the elections for governing board members are held on the same date, then the provisions of Section 5303 shall apply to the election of members of the county board of education. Elections held pursuant to this article shall be conducted by the county board of education. Members elected at the time of the direct primary shall take office on the first day of July, and members elected at the date on which members of school district governing boards are elected shall take office on the second Friday in December subsequent to their election. The county committee on school district organization shall determine the manner in which the county board of education first elected shall effect a staggering of terms.
(b)This section shall govern the election and term of office of members of a county board of education except as provided under Sections 1302 and 10404.5 of the Elections Code.
SEC. 2.Section 1009 of the Education Code is amended to read:1009.The county board of education shall organize at a meeting held in each year by electing one of their number president of the board. The meeting at which the organization is conducted shall be either the first meeting on or after the second Friday in December, or the first meeting on or after the first day in July, depending upon whether, pursuant to Section 1007, the terms of office of board members commence on the second Friday in December or the first day in July.
SEC. 3.Section 5017 of the Education Code is amended to read:5017.Each person elected at a regular biennial governing board member election shall hold office for a term of four years commencing on the second Friday in December next succeeding his or her election. Any member of the governing board of a school district or community college district whose term has expired shall continue to discharge the duties of the office until his or her successor has qualified. The term of the successor shall begin upon the expiration of the term of his or her predecessor.
SEC. 4.Section 72027 of the Education Code is amended to read:72027.(a)Upon the formation of a community college district the county superintendent of schools having jurisdiction shall call and set the date of an election for the purpose of electing the governing board of the district. The call shall be issued not later than 30 days after the formation of the district. The election shall be called, held, and conducted as are elections for members of governing boards of elementary school districts.
(b)The first members of the governing board shall take office on the third Monday following their election. The term of office of subsequent members of the board shall begin on the second Friday in December following their election.
(c)Notwithstanding subdivision (a), the county superintendent of schools having jurisdiction may call and set the date for an election for the purpose of electing the governing board of the district on the same date that the election is held for the formation of the community college district. The call for both elections shall be issued at the same time. The election shall be called, held, and conducted the same as elections for members of the governing boards of elementary school districts.
(d)The majority of the members of the first elected board of any newly formed community college district, the members of which majority received the highest number of votes, shall serve until the second Friday in December of the second succeeding odd-numbered year. The terms of the other members shall expire on the second Friday in December of the first succeeding odd-numbered year. Those members shall continue in office until their successors are elected and qualified.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Members of the county board of education shall be elected on the date and in the manner prescribed for the election of members of governing boards of school districts, provided the elections are held throughout the county on the same date; otherwise the election shall be consolidated with the direct primary election. Once established, no subsequent change of circumstances shall require that the time of holding the election be changed. Where the elections for governing board members are held on the same date, then the provisions of Section 5303 shall apply to the election of members of the county board of education. Elections held pursuant to this article shall be conducted by the county board of education. Members elected at the time of the direct primary shall take office on the first day of July, and members elected at the date on which members of school district governing boards are elected shall take office on the second Friday in December subsequent to their election. The county committee on school district organization shall determine the manner in which the county board of education first elected shall effect a staggering of terms.
(b)This section shall govern the election and term of office of members of a county board of education except as provided under Sections 1302 and 10404.5 of the Elections Code.
SEC. 2.Section 1009 of the Education Code is amended to read:1009.The county board of education shall organize at a meeting held in each year by electing one of their number president of the board. The meeting at which the organization is conducted shall be either the first meeting on or after the second Friday in December, or the first meeting on or after the first day in July, depending upon whether, pursuant to Section 1007, the terms of office of board members commence on the second Friday in December or the first day in July.
SEC. 3.Section 5017 of the Education Code is amended to read:5017.Each person elected at a regular biennial governing board member election shall hold office for a term of four years commencing on the second Friday in December next succeeding his or her election. Any member of the governing board of a school district or community college district whose term has expired shall continue to discharge the duties of the office until his or her successor has qualified. The term of the successor shall begin upon the expiration of the term of his or her predecessor.
SEC. 4.Section 72027 of the Education Code is amended to read:72027.(a)Upon the formation of a community college district the county superintendent of schools having jurisdiction shall call and set the date of an election for the purpose of electing the governing board of the district. The call shall be issued not later than 30 days after the formation of the district. The election shall be called, held, and conducted as are elections for members of governing boards of elementary school districts.
(b)The first members of the governing board shall take office on the third Monday following their election. The term of office of subsequent members of the board shall begin on the second Friday in December following their election.
(c)Notwithstanding subdivision (a), the county superintendent of schools having jurisdiction may call and set the date for an election for the purpose of electing the governing board of the district on the same date that the election is held for the formation of the community college district. The call for both elections shall be issued at the same time. The election shall be called, held, and conducted the same as elections for members of the governing boards of elementary school districts.
(d)The majority of the members of the first elected board of any newly formed community college district, the members of which majority received the highest number of votes, shall serve until the second Friday in December of the second succeeding odd-numbered year. The terms of the other members shall expire on the second Friday in December of the first succeeding odd-numbered year. Those members shall continue in office until their successors are elected and qualified.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Members of the county board of education shall be elected on the date and in the manner prescribed for the election of members of governing boards of school districts, provided the elections are held throughout the county on the same date; otherwise the election shall be consolidated with the direct primary election. Once established, no subsequent change of circumstances shall require that the time of holding the election be changed. Where the elections for governing board members are held on the same date, then the provisions of Section 5303 shall apply to the election of members of the county board of education. Elections held pursuant to this article shall be conducted by the county board of education. Members elected at the time of the direct primary shall take office on the first day of July, and members elected at the date on which members of school district governing boards are elected shall take office on the last second Friday in November December subsequent to their election. The county committee on school district organization shall determine the manner in which the county board of education first elected shall effect a staggering of terms.
(b)This section shall govern the election and term of office of members of a county board of education except as provided under Section 5000.5. Sections 1302 and 10404.5 of the Elections Code.
SEC. 2.Section 1009 of the Education Code is amended to read:1009.The county board of education shall organize at a meeting held in each year by electing one of their number president of the board. The meeting at which the organization is conducted shall be either the first meeting on or after the last second Friday in November, December, or the first meeting on or after the first day in July, depending upon whether, pursuant to Section 1007, the terms of office of board members commence on the last second Friday in November December or the first day in July.
SEC. 3.Section 5017 of the Education Code is amended to read:5017.Each person elected at a regular biennial governing board member election shall hold office for a term of four years commencing on the first second Friday in December next succeeding his or her election. Any member of the governing board of a school district or community college district whose term has expired shall continue to discharge the duties of the office until his or her successor has qualified. The term of the successor shall begin upon the expiration of the term of his or her predecessor.
SEC. 4.Section 72027 of the Education Code is amended to read:72027.(a)Upon the formation of a community college district the county superintendent of schools having jurisdiction shall call and set the date of an election for the purpose of electing the governing board of the district. The call shall be issued not later than 30 days after the formation of the district. The election shall be called, held, and conducted as are elections for members of governing boards of elementary school districts.
(b)The first members of the governing board shall take office on the third Monday following their election. The term of office of subsequent members of the board shall begin on the first second Friday in December following their election.
(c)Notwithstanding subdivision (a), the county superintendent of schools having jurisdiction may call and set the date for an election for the purpose of electing the governing board of the district on the same date that the election is held for the formation of the community college district. The call for both elections shall be issued at the same time. The election shall be called, held, and conducted the same as elections for members of the governing boards of elementary school districts.
(d)The majority of the members of the first elected board of any newly formed community college district, the members of which majority received the highest number of votes, shall serve until the first second Friday in December of the second succeeding odd-numbered year. The terms of the other members shall expire on the first second Friday in December of the first succeeding odd-numbered year. Those members shall continue in office until their successors are elected and qualified.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
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|---|---|
| Jul 20, 2018 | Chaptered by Secretary of State - Chapter 146, Statutes of 2018. |
| Jul 20, 2018 | Approved by the Governor. |
| Jul 10, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Jul 3, 2018 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jul 2, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Jun 26, 2018 | Read second time. Ordered to Consent Calendar. |
| Jun 25, 2018 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 6, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (June 6). Re-referred to Com. on APPR. |
| May 17, 2018 | Referred to Com. on ED. |
| May 3, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 3, 2018 | Read third time. Passed. Ordered to the Senate. |
| Apr 26, 2018 | Read second time. Ordered to Consent Calendar. |
| Apr 25, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 25). |
| Apr 12, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 11). Re-referred to Com. on APPR. |
| Mar 5, 2018 | Referred to Com. on ED. |
| Feb 15, 2018 | From printer. May be heard in committee March 17. |
| Feb 14, 2018 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Jul 2, 2018 | Consent Calendar AB2449 | Senate Floor |
Passed |
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| Jun 6, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
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| May 3, 2018 | AB 2449 ARAMBULA Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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| Apr 25, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 11, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California County Superintendents Educational Services Association | ** Support | Jun 27, 2018 |
| California School Boards Association | ** Support | Jun 27, 2018 |
| Fresno County Superintendent of Schools | ** Support | Jun 27, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 2449
:
SENATE EDUCATION COMMITTEE: 6-0, 6/6/18
AYES: Allen, Wilk, Galgiani, Leyva, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 71-0, 5/3/18 (Consent) - See last page for vote
SOURCE: Fresno County Superintendent of Schools
DIGEST:
This bill extends the date by which a newly elected member of a school district governing board, county board of education, or community college district governing board is to assume office after an election.
Existing law:
- Provides that a county board of education is to consist of five or seven members to be determined by the county committee on school district organization. Existing law requires each member of the board to be an elector of the trustee area which he/she represents and be elected by the electors of the trustee area. (Education Code § 1000)
- Requires members of the county board of education to be elected on the date and in the manner prescribed for the election of members of governing boards of school districts, provided the elections are held throughout the county on the same date. Existing law requires members elected at the time of the direct primary to take office on the first day of July, and members elected at the date on which members of school district governing boards are elected to take office on the last Friday in November subsequent to their election. (EC § 1007)
- Requires the county board of education to organize at a meeting held in each year by electing a president of the board. Existing law requires this meeting to be either the first meeting on or after the last Friday in November, or the first meeting on or after the first day in July, as specified. (EC § 1009)
- Requires the election of governing board members in any school district or community college district to be held biennially on the first Tuesday after the first Monday in November in odd-numbered years. (EC § 5000)
- Requires each person elected at a regular biennial governing board member election to hold office for a term of four years beginning on the first Friday in December next succeeding his/her election. (EC § 5017)
- Provides that the first members of the governing board of a community college district are to take office on the third Monday following their election, and requires the term of office of subsequent members to begin on the first Friday in December following their election. (EC § 72027)
This bill:
- Extends, by two weeks, the date by which a newly elected member of a county board of education is to assume office after an election (from the last Friday in November to the second Friday in December).
- Extends, by two weeks, the date by which a county board of education is to elect a president of the board (from the last Friday in November to the second Friday in December).
- Extends, by one week, the date by which a newly elected member of a school district governing board is to assume office after an election (from the first Friday in December to the second Friday in December).
- Extends, by one week, the date by which a newly elected member of a community college district governing board is to assume office after an election (from the first Friday in December to the second Friday in December).
- Extends, by one week, the date by which a member of a community college district governing board is to vacate office (from the first Friday in December to the second Friday in December).
- Corrects an obsolete cross-reference.
Comments
Need for this bill. According to the author, “Following a governing board’s election, the Education Code specifies the dates when newly-elected governing board members must (1) be seated and (2) hold their annual organizational meeting. Under existing law, this date is generally the last Friday in November, or the first Friday in December. Governing board elections may occur in odd or even years. In even-year elections, however, county elections officials have up to 30 days after Election Day to complete their official canvas: the tallying, auditing, and certification of the vote. Even-year elections have a slightly longer time periods for certification due to their consolidation of many jurisdictional elections. This bill addresses a problem that arises when the Education code’s dates establishing for the governing board’s seating and organizational meeting actually precede the Election Code’s 30-day deadline to certify the vote after even-year elections.”
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Fresno County Superintendent of Schools (source)
California County Superintendents Educational Services Association
California School Boards Association
OPPOSITION: (Verified 6/26/18)
ASSEMBLY FLOOR: 71-0, 5/3/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Caballero, Choi, Cristina Garcia, Grayson, Quirk-Silva, Voepel
6/27/18 9:18:11
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: Hearing Date: June 6, 2018
Author: | Arambula | ||
Version: | April 3, 2048 | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: .
SUMMARY
This bill extends the date by which a newly elected member of a school district governing board, county board of education, or community college district governing board is to assume office after an election.
BACKGROUND
Existing law:
- Provides that a county board of education is to consist of five or seven members to be determined by the county committee on school district organization. Existing law requires each member of the board to be an elector of the trustee area which he/she represents and be elected by the electors of the trustee area. (Education Code § 1000)
- Requires members of the county board of education to be elected on the date and in the manner prescribed for the election of members of governing boards of school districts, provided the elections are held throughout the county on the same date. Existing law requires members elected at the time of the direct primary to take office on the first day of July, and members elected at the date on which members of school district governing boards are elected to take office on the last Friday in November subsequent to their election. (EC § 1007)
- Requires the county board of education to organize at a meeting held in each year by electing a president of the board. Existing law requires this meeting to be either the first meeting on or after the last Friday in November, or the first meeting on or after the first day in July, as specified. (EC § 1009)
- Requires the election of governing board members in any school district or community college district to be held biennially on the first Tuesday after the first Monday in November in odd-numbered years. (EC § 5000)
- Requires each person elected at a regular biennial governing board member election to hold office for a term of four years beginning on the first Friday in December next succeeding his/her election. (EC § 5017)
- Provides that the first members of the governing board of a community college district are to take office on the third Monday following their election, and requires the term of office of subsequent members to begin on the first Friday in December following their election. (EC § 72027)
ANALYSIS
This bill:
- Extends, by two weeks, the date by which a newly elected member of a county board of education is to assume office after an election (from the last Friday in November to the second Friday in December).
- Extends, by two weeks, the date by which a county board of education is to elect a president of the board (from the last Friday in November to the second Friday in December).
- Extends, by one week, the date by which a newly elected member of a school district governing board is to assume office after an election (from the first Friday in December to the second Friday in December).
- Extends, by one week, the date by which a newly elected member of a community college district governing board is to assume office after an election (from the first Friday in December to the second Friday in December).
- Extends, by one week, the date by which a member of a community college district governing board is to vacate office (from the first Friday in December to the second Friday in December).
- Corrects an obsolete cross-reference.
STAFF COMMENTS
- Need for the bill. According to the author, “Following a governing board’s election, the Education Code specifies the dates when newly-elected governing board members must (1) be seated and (2) hold their annual organizational meeting. Under existing law, this date is generally the last Friday in November, or the first Friday in December. Governing board elections may occur in odd or even years. In even-year elections, however, county elections officials have up to 30 days after Election Day to complete their official canvas: the tallying, auditing, and certification of the vote. Even-year elections have a slightly longer time periods for certification due to their consolidation of many jurisdictional elections. This bill addresses a problem that arises when the Education code’s dates establishing for the governing board’s seating and organizational meeting actually precede the Election Code’s 30-day deadline to certify the vote after even-year elections.”
- Fiscal impact. According to the Assembly Appropriations Committee, this bill would have no associated costs.
SUPPORT
Fresno County Superintendent of Schools (sponsor)
California County Superintendents Educational Services Association
California School Boards Association
OPPOSITION
None received
-- END --
Date of Hearing: April 25, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2449
Author:(Arambula) – As Introduced Ver:February 14, 2018
Policy Committee: | Education | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY: This bill extends, from the last Friday in November to the second Friday in December, the date by which newly elected members of a governing board of a county office of education, school district, or community college district must assume office after an election.
FISCAL EFFECT:
No associated costs.
COMMENTS:
Purpose. According to the author's office, this bill is needed because election results are sometimes not certified by the date existing law requires newly elected members to assume office. This problem was exacerbated by SB 415 (Hueso, Chapter 235, Statutes of 2015), which requires specified districts and county offices of education to hold board member elections in even-numbered years. Although the intent of the bill was to create greater voter turnout for certain local elections, it has resulted in ballots being so long that election results sometimes cannot be certified in time to meet requirements of existing law.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: April 11, 2018
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
ABPCA Bill Id:AB 2449 (
Author:Arambula) – As Introduced Ver:February 14, 2018
SUBJECT: School districts, county offices of education, and community college districts: governing boards: elections
SUMMARY: Extends the date by which newly-elected members of county office of education, school district, and community college district governing boards must assume office after an election. Specifically, this bill:
- Extends from the last Friday in November to the second Friday in December the date by which the following must occur:
- Members of county boards of education elected in November must assume office.
- County boards of education hold an organization meeting and elect a board president.
- Members of school district governing boards elected in November must assume office.
- Extends the terms of the majority of the members of the first elected board on a newly formed community college district that received the highest number votes from the first Friday in December to the second Friday in December of the second succeeding odd-numbered year.
- Extends the terms of the other members of the first elected board from the first Friday in December to the second Friday in December of the first succeeding odd-numbered year.
FISCAL EFFECT: Legislative Counsel has keyed this bill a state-mandated local program.
COMMENTS:
Need for the bill. According to the author's office, this bill is needed because election results are sometimes not certified prior to the date on which existing law requires newly-elected members to assume office. This problem was exacerbated by SB 415 (Hueso, Chapter 235, Statutes of 2015), which requires specified districts and county offices of education to hold board member elections in even-numbered years. Due to the length of ballots in even-numbered years, election results are not always certified in time to meet the requirements of existing law.
REGISTERED SUPPORT / OPPOSITION:
Support
Fresno County Superintendent of Schools
Opposition
None received
Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087
Bill Author
Bill Co-Author(s):