New Dates for Education Officials to Assume Office, Effective January 1
September 2018
Number 49
A new law will change the date that members of a county board of education, school district governing board, or community college district governing board take office. Assembly Bill (AB) 2449, which resolves clashing Education Code and Elections Code provisions, becomes effective on January 1, 2019.
Background
Existing Education Code provisions require newly-elected county board of education members to be seated on the last Friday in November and newly-elected school and community college district board members to be seated on the first Friday in December. The Elections Code provides that during even-year elections, county election officials have up to 30 days after Election Day to certify voting results. Thus, certification of the vote could occur after the dates for seating new board members. This conflict has up until now created a conundrum for governing boards, which were forced to either abide by the Education Code and seat new members before election results were certified or ignore the Education Code and wait for the completion of the certification process to seat new board members.
AB 2449 amends sections 1007, 1009, 5017, and 72027 of the Education Code to resolve this conflict. The law will change the date on which newly-elected county, school, and community college board members must be seated to the second Friday in December in the year of election. There is an exception for members of the county board of education elected in a primary election: They take office on the first day of July. The new law also changes the date of the organizational meeting, from on or after the last Friday in November to on or after the second Friday in December, except for the county boards of education whose members are elected in the primary election. Those boards' organizational meetings will occur on or after the first day of July. Finally, the bill changes the date on which governing board members vacate office from the first Friday in December to the second Friday in December.
Takeaways
School districts, community college districts, and county boards of education should note the new dates for seating new board members, vacating office, and holding organizational meetings, effective January 1, 2019. These changes will not affect the upcoming 2018 elections.
If you have any questions about AB 2449, please contact the authors of this Client News Brief or an attorney at one of our eight offices located statewide. You can also visit our website, follow us on Facebook or Twitter or download our Client News Brief App.
Number 49
A new law will change the date that members of a county board of education, school district governing board, or community college district governing board take office. Assembly Bill (AB) 2449, which resolves clashing Education Code and Elections Code provisions, becomes effective on January 1, 2019.
Background
Existing Education Code provisions require newly-elected county board of education members to be seated on the last Friday in November and newly-elected school and community college district board members to be seated on the first Friday in December. The Elections Code provides that during even-year elections, county election officials have up to 30 days after Election Day to certify voting results. Thus, certification of the vote could occur after the dates for seating new board members. This conflict has up until now created a conundrum for governing boards, which were forced to either abide by the Education Code and seat new members before election results were certified or ignore the Education Code and wait for the completion of the certification process to seat new board members.
AB 2449 amends sections 1007, 1009, 5017, and 72027 of the Education Code to resolve this conflict. The law will change the date on which newly-elected county, school, and community college board members must be seated to the second Friday in December in the year of election. There is an exception for members of the county board of education elected in a primary election: They take office on the first day of July. The new law also changes the date of the organizational meeting, from on or after the last Friday in November to on or after the second Friday in December, except for the county boards of education whose members are elected in the primary election. Those boards' organizational meetings will occur on or after the first day of July. Finally, the bill changes the date on which governing board members vacate office from the first Friday in December to the second Friday in December.
Takeaways
School districts, community college districts, and county boards of education should note the new dates for seating new board members, vacating office, and holding organizational meetings, effective January 1, 2019. These changes will not affect the upcoming 2018 elections.
If you have any questions about AB 2449, please contact the authors of this Client News Brief or an attorney at one of our eight offices located statewide. You can also visit our website, follow us on Facebook or Twitter or download our Client News Brief App.
As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
