| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2714Introduced by Assembly Member Megan DahleFebruary 18, 2022 An act to amend Section 5092 of the Education Code, relating to school boards. LEGISLATIVE COUNSEL'S DIGESTAB 2714, as introduced, Megan Dahle. School district board vacancies: internet website notifications.If a vacancy on a school district governing board occurs, or if a resignation of a person on the school district governing board is filed with the county superintendent of schools containing a deferred effective date, existing law requires the school district governing board to, within 60 days of the vacancy or the deferred resignation filing, either order an election or make a provisional appointment of a person to fill the vacancy. Existing law requires, within 10 days of making a provisional appointment, the school district governing board to post a notice of the actual vacancy or the deferred resignation filing, the provisional appointment, and other specified statements in 3 public places in the school district, and, if a newspaper of general circulation is published in the school district, in that newspaper, as specified. This bill would require a school district governing board to also post the notice on the school districts internet website and would make nonsubstantive changes to the notice requirements described above. By imposing new duties on school 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5092 of the Education Code is amended to read:5092. Whenever (a) If a provisional appointment is made to the governing board of a school district to fill a vacancy that occurs or will occur pursuant to Section 5091, the board shall, within 10 days of the provisional appointment of a person to fill a vacancy which occurs or will occur, post notices appointment, provide notice of both the actual vacancy or the filing of a deferred resignation and also the provisional appointment in by all of the following methods:(1) Posting the notice in three public places in the district and shall publish a school district.(2) Publishing the notice pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation published in the district, notice need not be published.(3) Posting the notice on the school districts internet website. The(b) The notice shall state the all of the following:(1) The fact of the vacancy or resignation and the resignation.(2) The date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation. The notice shall also contain the(3) The full name of the provisional appointee to the board and the date of his appointment, and a statement that the provisional appointees appointment.(4) That unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment.SEC. 2. 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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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2714Introduced by Assembly Member Megan DahleFebruary 18, 2022 An act to amend Section 5092 of the Education Code, relating to school boards. LEGISLATIVE COUNSEL'S DIGESTAB 2714, as introduced, Megan Dahle. School district board vacancies: internet website notifications.If a vacancy on a school district governing board occurs, or if a resignation of a person on the school district governing board is filed with the county superintendent of schools containing a deferred effective date, existing law requires the school district governing board to, within 60 days of the vacancy or the deferred resignation filing, either order an election or make a provisional appointment of a person to fill the vacancy. Existing law requires, within 10 days of making a provisional appointment, the school district governing board to post a notice of the actual vacancy or the deferred resignation filing, the provisional appointment, and other specified statements in 3 public places in the school district, and, if a newspaper of general circulation is published in the school district, in that newspaper, as specified. This bill would require a school district governing board to also post the notice on the school districts internet website and would make nonsubstantive changes to the notice requirements described above. By imposing new duties on school 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 10 | 10 | | |
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| 11 | 11 | | Assembly Bill |
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| 12 | 12 | | |
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| 13 | 13 | | No. 2714 |
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| 14 | 14 | | |
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| 15 | 15 | | Introduced by Assembly Member Megan DahleFebruary 18, 2022 |
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| 17 | 17 | | Introduced by Assembly Member Megan Dahle |
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| 18 | 18 | | February 18, 2022 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 5092 of the Education Code, relating to school boards. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 2714, as introduced, Megan Dahle. School district board vacancies: internet website notifications. |
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| 27 | 27 | | |
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| 28 | 28 | | If a vacancy on a school district governing board occurs, or if a resignation of a person on the school district governing board is filed with the county superintendent of schools containing a deferred effective date, existing law requires the school district governing board to, within 60 days of the vacancy or the deferred resignation filing, either order an election or make a provisional appointment of a person to fill the vacancy. Existing law requires, within 10 days of making a provisional appointment, the school district governing board to post a notice of the actual vacancy or the deferred resignation filing, the provisional appointment, and other specified statements in 3 public places in the school district, and, if a newspaper of general circulation is published in the school district, in that newspaper, as specified. This bill would require a school district governing board to also post the notice on the school districts internet website and would make nonsubstantive changes to the notice requirements described above. By imposing new duties on school 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. |
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| 30 | 30 | | If a vacancy on a school district governing board occurs, or if a resignation of a person on the school district governing board is filed with the county superintendent of schools containing a deferred effective date, existing law requires the school district governing board to, within 60 days of the vacancy or the deferred resignation filing, either order an election or make a provisional appointment of a person to fill the vacancy. Existing law requires, within 10 days of making a provisional appointment, the school district governing board to post a notice of the actual vacancy or the deferred resignation filing, the provisional appointment, and other specified statements in 3 public places in the school district, and, if a newspaper of general circulation is published in the school district, in that newspaper, as specified. |
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| 32 | 32 | | This bill would require a school district governing board to also post the notice on the school districts internet website and would make nonsubstantive changes to the notice requirements described above. By imposing new duties on school districts, the bill would impose a state-mandated local program. |
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| 34 | 34 | | 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. |
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| 35 | 35 | | |
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| 36 | 36 | | 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. |
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| 37 | 37 | | |
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| 38 | 38 | | ## Digest Key |
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| 39 | 39 | | |
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| 40 | 40 | | ## Bill Text |
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| 42 | 42 | | The people of the State of California do enact as follows:SECTION 1. Section 5092 of the Education Code is amended to read:5092. Whenever (a) If a provisional appointment is made to the governing board of a school district to fill a vacancy that occurs or will occur pursuant to Section 5091, the board shall, within 10 days of the provisional appointment of a person to fill a vacancy which occurs or will occur, post notices appointment, provide notice of both the actual vacancy or the filing of a deferred resignation and also the provisional appointment in by all of the following methods:(1) Posting the notice in three public places in the district and shall publish a school district.(2) Publishing the notice pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation published in the district, notice need not be published.(3) Posting the notice on the school districts internet website. The(b) The notice shall state the all of the following:(1) The fact of the vacancy or resignation and the resignation.(2) The date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation. The notice shall also contain the(3) The full name of the provisional appointee to the board and the date of his appointment, and a statement that the provisional appointees appointment.(4) That unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment.SEC. 2. 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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| 44 | 44 | | The people of the State of California do enact as follows: |
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| 46 | 46 | | ## The people of the State of California do enact as follows: |
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| 48 | 48 | | SECTION 1. Section 5092 of the Education Code is amended to read:5092. Whenever (a) If a provisional appointment is made to the governing board of a school district to fill a vacancy that occurs or will occur pursuant to Section 5091, the board shall, within 10 days of the provisional appointment of a person to fill a vacancy which occurs or will occur, post notices appointment, provide notice of both the actual vacancy or the filing of a deferred resignation and also the provisional appointment in by all of the following methods:(1) Posting the notice in three public places in the district and shall publish a school district.(2) Publishing the notice pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation published in the district, notice need not be published.(3) Posting the notice on the school districts internet website. The(b) The notice shall state the all of the following:(1) The fact of the vacancy or resignation and the resignation.(2) The date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation. The notice shall also contain the(3) The full name of the provisional appointee to the board and the date of his appointment, and a statement that the provisional appointees appointment.(4) That unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment. |
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| 50 | 50 | | SECTION 1. Section 5092 of the Education Code is amended to read: |
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| 52 | 52 | | ### SECTION 1. |
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| 54 | 54 | | 5092. Whenever (a) If a provisional appointment is made to the governing board of a school district to fill a vacancy that occurs or will occur pursuant to Section 5091, the board shall, within 10 days of the provisional appointment of a person to fill a vacancy which occurs or will occur, post notices appointment, provide notice of both the actual vacancy or the filing of a deferred resignation and also the provisional appointment in by all of the following methods:(1) Posting the notice in three public places in the district and shall publish a school district.(2) Publishing the notice pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation published in the district, notice need not be published.(3) Posting the notice on the school districts internet website. The(b) The notice shall state the all of the following:(1) The fact of the vacancy or resignation and the resignation.(2) The date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation. The notice shall also contain the(3) The full name of the provisional appointee to the board and the date of his appointment, and a statement that the provisional appointees appointment.(4) That unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment. |
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| 56 | 56 | | 5092. Whenever (a) If a provisional appointment is made to the governing board of a school district to fill a vacancy that occurs or will occur pursuant to Section 5091, the board shall, within 10 days of the provisional appointment of a person to fill a vacancy which occurs or will occur, post notices appointment, provide notice of both the actual vacancy or the filing of a deferred resignation and also the provisional appointment in by all of the following methods:(1) Posting the notice in three public places in the district and shall publish a school district.(2) Publishing the notice pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation published in the district, notice need not be published.(3) Posting the notice on the school districts internet website. The(b) The notice shall state the all of the following:(1) The fact of the vacancy or resignation and the resignation.(2) The date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation. The notice shall also contain the(3) The full name of the provisional appointee to the board and the date of his appointment, and a statement that the provisional appointees appointment.(4) That unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment. |
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| 58 | 58 | | 5092. Whenever (a) If a provisional appointment is made to the governing board of a school district to fill a vacancy that occurs or will occur pursuant to Section 5091, the board shall, within 10 days of the provisional appointment of a person to fill a vacancy which occurs or will occur, post notices appointment, provide notice of both the actual vacancy or the filing of a deferred resignation and also the provisional appointment in by all of the following methods:(1) Posting the notice in three public places in the district and shall publish a school district.(2) Publishing the notice pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation published in the district, notice need not be published.(3) Posting the notice on the school districts internet website. The(b) The notice shall state the all of the following:(1) The fact of the vacancy or resignation and the resignation.(2) The date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation. The notice shall also contain the(3) The full name of the provisional appointee to the board and the date of his appointment, and a statement that the provisional appointees appointment.(4) That unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment. |
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| 62 | 62 | | 5092. Whenever (a) If a provisional appointment is made to the governing board of a school district to fill a vacancy that occurs or will occur pursuant to Section 5091, the board shall, within 10 days of the provisional appointment of a person to fill a vacancy which occurs or will occur, post notices appointment, provide notice of both the actual vacancy or the filing of a deferred resignation and also the provisional appointment in by all of the following methods: |
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| 64 | 64 | | (1) Posting the notice in three public places in the district and shall publish a school district. |
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| 66 | 66 | | (2) Publishing the notice pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation published in the district, notice need not be published. |
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| 68 | 68 | | (3) Posting the notice on the school districts internet website. |
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| 70 | 70 | | The |
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| 74 | 74 | | (b) The notice shall state the all of the following: |
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| 76 | 76 | | (1) The fact of the vacancy or resignation and the resignation. |
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| 78 | 78 | | (2) The date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation. The notice shall also contain the |
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| 80 | 80 | | (3) The full name of the provisional appointee to the board and the date of his appointment, and a statement that the provisional appointees appointment. |
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| 82 | 82 | | (4) That unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment. |
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| 84 | 84 | | SEC. 2. 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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| 86 | 86 | | SEC. 2. 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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| 88 | 88 | | SEC. 2. 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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| 90 | 90 | | ### SEC. 2. |
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