| 1 | | - | Amended IN Senate March 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 249Introduced by Senator UmbergJanuary 30, 2025An act relating to secondary education. to amend Sections 1007 and 1009 of, and to repeal Section 1017 of, the Education Code, and to amend Sections 1302 and 10404.5 of the Elections Code, relating to county boards of education.LEGISLATIVE COUNSEL'S DIGESTSB 249, as amended, Umberg. Secondary education. County boards of education: elections: consolidation.The California Constitution requires the Legislature to provide for the appointment or election of the State Board of Education and a board of education in each county or for the election of a joint county board of education for 2 or more counties.Existing law requires the regular election to select governing board members in any school district, community college district, or county board of education to be held on the first Tuesday after the first Monday in November of each odd-numbered year. Notwithstanding that requirement, after the initial election, any subsequent election of governing board members in any school district, community college district, or county board of education may be established, upon the adoption of an appropriate resolution by the governing board or the county board of education, to regularly occur on the same day as the statewide direct primary election, the statewide general election, or the general municipal election, as specified.This bill, notwithstanding any other law, and commencing January 1, 2026, would require any election for the elected members of a county board of education to instead be consolidated with the statewide general election. The bill would require the term of office of all incumbent elected members of a county board of education to be extended accordingly, and would require the county committee on school district organization to determine the manner in which the county board of education elected shall effect a staggering of terms, if necessary. By imposing additional duties on local officials, the bill would impose a state-mandated local program. The bill also would make conforming changes.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.Existing law establishes a system of public elementary and secondary education in this state.This bill would state the intent of the Legislature to enact subsequent legislation relating to secondary education.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1007 of the Education Code is amended to read:1007. (a) Members of the Notwithstanding any other law, commencing January 1, 2026, any election for the members of a 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 the statewide general election. Once established, no subsequent change of circumstances shall require that the time of holding the election be changed. Where (b) If the elections for governing board members the members of the governing board of a school district and the members of the county board of education 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(c) 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 education, except as provided in subdivision (b).(d) (1) County board of education members 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.(2) Commencing January 1, 2026, the term of office of all incumbent members of a county board of education shall be extended accordingly for purposes of subdivision (a) and the county committee on school district organization shall determine the manner in which the county board of education shall effect a staggering of terms, if necessary.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. December.SEC. 3. Section 1017 of the Education Code is repealed.1017.In those counties in which the election of members of county boards of education are required to be held on the same date as prescribed for the election of members of governing boards of school districts, as provided in Section 1007, the offices of those members of the county board of education whose terms have been fixed to expire in even-numbered years shall become vacant upon the expiration of those terms. The vacancies arising shall be filled by the majority of the remaining members of the board, and the appointees shall hold office only until the first day of July following the election of their successors.SEC. 4. Section 1302 of the Elections Code is amended to read:1302. (a) Except as provided in subdivision (b), the regular election to select governing board members in any school district, or community college district, or county board of education district shall be held on the first Tuesday after the first Monday in November of each odd-numbered year.(b) (1) Notwithstanding any other provision of law, and except as provided in Section 1302.5, after the initial election of governing board members in any school district, district or community college district, or of members of a county board of education, district, the election of governing board members for the district or of members of the county board of education may be established, upon the adoption of an appropriate resolution by the governing board or the county board of education, respectively, board, to regularly occur on the same day as the statewide direct primary election, the statewide general election, or the general municipal election as set forth in Section 1301. The resolution shall become operative upon approval by the board of supervisors pursuant to Section 10404.5 or 10405.7, as applicable. If a school district, district or community college district, or county board of education district is located in more than one county, the district may not consolidate an election if any county in which the district is located denies the request for consolidation.(2) If the board of supervisors approves the resolution pursuant to Section 10404.5 or 10405.7, as applicable, the election of the governing board members of the school district or community college district or of members of the county board of education shall be conducted on the date specified by the board of supervisors, in accordance with paragraph (1), unless the approval is later rescinded by the board of supervisors.(3) In the event of consolidation, the election of governing board members of the school district or community college district or of members of the county board of education shall be conducted in accordance with all applicable procedural requirements of the Elections Code pertaining to that primary, general, or municipal election, and shall thereafter occur in consolidation with that election.(4) If the date of an election is changed pursuant to this section, at least one election shall be held before the resolution, as approved by the board of supervisors, may be subsequently repealed or amended.SEC. 5. Section 10404.5 of the Elections Code is amended to read:10404.5. (a) A resolution of the governing board of a school district or county board of education to establish an election day pursuant to subdivision (b) of Section 1302 shall be adopted and submitted to the board of supervisors not later than 240 days prior to the date of the currently scheduled election of the district or for the members of the county board of education. school district.(b) The final date for the submission of the resolution by the governing board of a school district or county board of education to the board of supervisors is not subject to waiver.(c) The board of supervisors shall notify all school districts and the county board of education located in the county of the receipt of the resolution to consolidate and shall request input from each district on the effect of consolidation.(d) (1) The board of supervisors, within 60 days from the date of submission, shall approve the resolution unless it finds that the ballot style, voting equipment, or computer capacity is such that additional elections or materials cannot be handled. Prior to the adoption of a resolution to either approve or deny a consolidation request, the board or boards of supervisors may obtain from the elections official a report on the cost-effectiveness of the proposed action.(2) Public notices of the proceedings in which the resolution is to be considered for adoption shall be made pursuant to Section 25151 of the Government Code.(e) Within 30 days after the approval of the resolution by the board of supervisors, the elections official shall notify all registered voters of the school districts affected by the consolidation of the approval of the resolution by the board of supervisors. The notice shall be delivered by mail and at the expense of the school district or if applicable, the county board of education. district.(f) An election day established pursuant to subdivision (b) of Section 1302 shall be prescribed to occur not less than one month, nor more than 12 months, subsequent to the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate. Code. As used in this subdivision, 12 months means the period from the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate, to the first Tuesday after the first Monday in the 12th month subsequent to that day, inclusive.(g) In the event that the election day for a school district governing board or county board of education is established pursuant to subdivision (b) of Section 1302, the term of office of all then incumbent members of that school district governing board or county board of education shall be extended accordingly.SEC. 6. 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.SECTION 1.It is the intent of the Legislature to enact subsequent legislation relating to secondary education. |
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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 249Introduced by Senator UmbergJanuary 30, 2025 An act relating to secondary education.LEGISLATIVE COUNSEL'S DIGESTSB 249, as introduced, Umberg. Secondary education.Existing law establishes a system of public elementary and secondary education in this state.This bill would state the intent of the Legislature to enact subsequent legislation relating to secondary education.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact subsequent legislation relating to secondary education. |
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| 64 | | - | 1007. (a) Members of the Notwithstanding any other law, commencing January 1, 2026, any election for the members of a 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 the statewide general election. Once established, no subsequent change of circumstances shall require that the time of holding the election be changed. Where (b) If the elections for governing board members the members of the governing board of a school district and the members of the county board of education 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(c) 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 education, except as provided in subdivision (b).(d) (1) County board of education members 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.(2) Commencing January 1, 2026, the term of office of all incumbent members of a county board of education shall be extended accordingly for purposes of subdivision (a) and the county committee on school district organization shall determine the manner in which the county board of education shall effect a staggering of terms, if necessary. |
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| 66 | | - | 1007. (a) Members of the Notwithstanding any other law, commencing January 1, 2026, any election for the members of a 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 the statewide general election. Once established, no subsequent change of circumstances shall require that the time of holding the election be changed. Where (b) If the elections for governing board members the members of the governing board of a school district and the members of the county board of education 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(c) 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 education, except as provided in subdivision (b).(d) (1) County board of education members 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.(2) Commencing January 1, 2026, the term of office of all incumbent members of a county board of education shall be extended accordingly for purposes of subdivision (a) and the county committee on school district organization shall determine the manner in which the county board of education shall effect a staggering of terms, if necessary. |
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| 68 | | - | 1007. (a) Members of the Notwithstanding any other law, commencing January 1, 2026, any election for the members of a 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 the statewide general election. Once established, no subsequent change of circumstances shall require that the time of holding the election be changed. Where (b) If the elections for governing board members the members of the governing board of a school district and the members of the county board of education 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(c) 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 education, except as provided in subdivision (b).(d) (1) County board of education members 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.(2) Commencing January 1, 2026, the term of office of all incumbent members of a county board of education shall be extended accordingly for purposes of subdivision (a) and the county committee on school district organization shall determine the manner in which the county board of education shall effect a staggering of terms, if necessary. |
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| 72 | | - | 1007. (a) Members of the Notwithstanding any other law, commencing January 1, 2026, any election for the members of a 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 the statewide general election. Once established, no subsequent change of circumstances shall require that the time of holding the election be changed. Where |
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| 74 | | - | (b) If the elections for governing board members the members of the governing board of a school district and the members of the county board of education 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 |
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| 76 | | - | (c) 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 education, except as provided in subdivision (b). |
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| 78 | | - | (d) (1) County board of education members 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. |
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| 80 | | - | (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. |
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| 84 | | - | (2) Commencing January 1, 2026, the term of office of all incumbent members of a county board of education shall be extended accordingly for purposes of subdivision (a) and the county committee on school district organization shall determine the manner in which the county board of education shall effect a staggering of terms, if necessary. |
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| 86 | | - | 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. December. |
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| 88 | | - | SEC. 2. Section 1009 of the Education Code is amended to read: |
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| 90 | | - | ### SEC. 2. |
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| 92 | | - | 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. December. |
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| 94 | | - | 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. December. |
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| 96 | | - | 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. December. |
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| 100 | | - | 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. December. |
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| 102 | | - | SEC. 3. Section 1017 of the Education Code is repealed.1017.In those counties in which the election of members of county boards of education are required to be held on the same date as prescribed for the election of members of governing boards of school districts, as provided in Section 1007, the offices of those members of the county board of education whose terms have been fixed to expire in even-numbered years shall become vacant upon the expiration of those terms. The vacancies arising shall be filled by the majority of the remaining members of the board, and the appointees shall hold office only until the first day of July following the election of their successors. |
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| 104 | | - | SEC. 3. Section 1017 of the Education Code is repealed. |
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| 106 | | - | ### SEC. 3. |
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| 108 | | - | 1017.In those counties in which the election of members of county boards of education are required to be held on the same date as prescribed for the election of members of governing boards of school districts, as provided in Section 1007, the offices of those members of the county board of education whose terms have been fixed to expire in even-numbered years shall become vacant upon the expiration of those terms. The vacancies arising shall be filled by the majority of the remaining members of the board, and the appointees shall hold office only until the first day of July following the election of their successors. |
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| 112 | | - | In those counties in which the election of members of county boards of education are required to be held on the same date as prescribed for the election of members of governing boards of school districts, as provided in Section 1007, the offices of those members of the county board of education whose terms have been fixed to expire in even-numbered years shall become vacant upon the expiration of those terms. The vacancies arising shall be filled by the majority of the remaining members of the board, and the appointees shall hold office only until the first day of July following the election of their successors. |
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| 116 | | - | SEC. 4. Section 1302 of the Elections Code is amended to read:1302. (a) Except as provided in subdivision (b), the regular election to select governing board members in any school district, or community college district, or county board of education district shall be held on the first Tuesday after the first Monday in November of each odd-numbered year.(b) (1) Notwithstanding any other provision of law, and except as provided in Section 1302.5, after the initial election of governing board members in any school district, district or community college district, or of members of a county board of education, district, the election of governing board members for the district or of members of the county board of education may be established, upon the adoption of an appropriate resolution by the governing board or the county board of education, respectively, board, to regularly occur on the same day as the statewide direct primary election, the statewide general election, or the general municipal election as set forth in Section 1301. The resolution shall become operative upon approval by the board of supervisors pursuant to Section 10404.5 or 10405.7, as applicable. If a school district, district or community college district, or county board of education district is located in more than one county, the district may not consolidate an election if any county in which the district is located denies the request for consolidation.(2) If the board of supervisors approves the resolution pursuant to Section 10404.5 or 10405.7, as applicable, the election of the governing board members of the school district or community college district or of members of the county board of education shall be conducted on the date specified by the board of supervisors, in accordance with paragraph (1), unless the approval is later rescinded by the board of supervisors.(3) In the event of consolidation, the election of governing board members of the school district or community college district or of members of the county board of education shall be conducted in accordance with all applicable procedural requirements of the Elections Code pertaining to that primary, general, or municipal election, and shall thereafter occur in consolidation with that election.(4) If the date of an election is changed pursuant to this section, at least one election shall be held before the resolution, as approved by the board of supervisors, may be subsequently repealed or amended. |
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| 118 | | - | SEC. 4. Section 1302 of the Elections Code is amended to read: |
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| 120 | | - | ### SEC. 4. |
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| 122 | | - | 1302. (a) Except as provided in subdivision (b), the regular election to select governing board members in any school district, or community college district, or county board of education district shall be held on the first Tuesday after the first Monday in November of each odd-numbered year.(b) (1) Notwithstanding any other provision of law, and except as provided in Section 1302.5, after the initial election of governing board members in any school district, district or community college district, or of members of a county board of education, district, the election of governing board members for the district or of members of the county board of education may be established, upon the adoption of an appropriate resolution by the governing board or the county board of education, respectively, board, to regularly occur on the same day as the statewide direct primary election, the statewide general election, or the general municipal election as set forth in Section 1301. The resolution shall become operative upon approval by the board of supervisors pursuant to Section 10404.5 or 10405.7, as applicable. If a school district, district or community college district, or county board of education district is located in more than one county, the district may not consolidate an election if any county in which the district is located denies the request for consolidation.(2) If the board of supervisors approves the resolution pursuant to Section 10404.5 or 10405.7, as applicable, the election of the governing board members of the school district or community college district or of members of the county board of education shall be conducted on the date specified by the board of supervisors, in accordance with paragraph (1), unless the approval is later rescinded by the board of supervisors.(3) In the event of consolidation, the election of governing board members of the school district or community college district or of members of the county board of education shall be conducted in accordance with all applicable procedural requirements of the Elections Code pertaining to that primary, general, or municipal election, and shall thereafter occur in consolidation with that election.(4) If the date of an election is changed pursuant to this section, at least one election shall be held before the resolution, as approved by the board of supervisors, may be subsequently repealed or amended. |
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| 124 | | - | 1302. (a) Except as provided in subdivision (b), the regular election to select governing board members in any school district, or community college district, or county board of education district shall be held on the first Tuesday after the first Monday in November of each odd-numbered year.(b) (1) Notwithstanding any other provision of law, and except as provided in Section 1302.5, after the initial election of governing board members in any school district, district or community college district, or of members of a county board of education, district, the election of governing board members for the district or of members of the county board of education may be established, upon the adoption of an appropriate resolution by the governing board or the county board of education, respectively, board, to regularly occur on the same day as the statewide direct primary election, the statewide general election, or the general municipal election as set forth in Section 1301. The resolution shall become operative upon approval by the board of supervisors pursuant to Section 10404.5 or 10405.7, as applicable. If a school district, district or community college district, or county board of education district is located in more than one county, the district may not consolidate an election if any county in which the district is located denies the request for consolidation.(2) If the board of supervisors approves the resolution pursuant to Section 10404.5 or 10405.7, as applicable, the election of the governing board members of the school district or community college district or of members of the county board of education shall be conducted on the date specified by the board of supervisors, in accordance with paragraph (1), unless the approval is later rescinded by the board of supervisors.(3) In the event of consolidation, the election of governing board members of the school district or community college district or of members of the county board of education shall be conducted in accordance with all applicable procedural requirements of the Elections Code pertaining to that primary, general, or municipal election, and shall thereafter occur in consolidation with that election.(4) If the date of an election is changed pursuant to this section, at least one election shall be held before the resolution, as approved by the board of supervisors, may be subsequently repealed or amended. |
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| 126 | | - | 1302. (a) Except as provided in subdivision (b), the regular election to select governing board members in any school district, or community college district, or county board of education district shall be held on the first Tuesday after the first Monday in November of each odd-numbered year.(b) (1) Notwithstanding any other provision of law, and except as provided in Section 1302.5, after the initial election of governing board members in any school district, district or community college district, or of members of a county board of education, district, the election of governing board members for the district or of members of the county board of education may be established, upon the adoption of an appropriate resolution by the governing board or the county board of education, respectively, board, to regularly occur on the same day as the statewide direct primary election, the statewide general election, or the general municipal election as set forth in Section 1301. The resolution shall become operative upon approval by the board of supervisors pursuant to Section 10404.5 or 10405.7, as applicable. If a school district, district or community college district, or county board of education district is located in more than one county, the district may not consolidate an election if any county in which the district is located denies the request for consolidation.(2) If the board of supervisors approves the resolution pursuant to Section 10404.5 or 10405.7, as applicable, the election of the governing board members of the school district or community college district or of members of the county board of education shall be conducted on the date specified by the board of supervisors, in accordance with paragraph (1), unless the approval is later rescinded by the board of supervisors.(3) In the event of consolidation, the election of governing board members of the school district or community college district or of members of the county board of education shall be conducted in accordance with all applicable procedural requirements of the Elections Code pertaining to that primary, general, or municipal election, and shall thereafter occur in consolidation with that election.(4) If the date of an election is changed pursuant to this section, at least one election shall be held before the resolution, as approved by the board of supervisors, may be subsequently repealed or amended. |
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| 130 | | - | 1302. (a) Except as provided in subdivision (b), the regular election to select governing board members in any school district, or community college district, or county board of education district shall be held on the first Tuesday after the first Monday in November of each odd-numbered year. |
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| 132 | | - | (b) (1) Notwithstanding any other provision of law, and except as provided in Section 1302.5, after the initial election of governing board members in any school district, district or community college district, or of members of a county board of education, district, the election of governing board members for the district or of members of the county board of education may be established, upon the adoption of an appropriate resolution by the governing board or the county board of education, respectively, board, to regularly occur on the same day as the statewide direct primary election, the statewide general election, or the general municipal election as set forth in Section 1301. The resolution shall become operative upon approval by the board of supervisors pursuant to Section 10404.5 or 10405.7, as applicable. If a school district, district or community college district, or county board of education district is located in more than one county, the district may not consolidate an election if any county in which the district is located denies the request for consolidation. |
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| 134 | | - | (2) If the board of supervisors approves the resolution pursuant to Section 10404.5 or 10405.7, as applicable, the election of the governing board members of the school district or community college district or of members of the county board of education shall be conducted on the date specified by the board of supervisors, in accordance with paragraph (1), unless the approval is later rescinded by the board of supervisors. |
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| 136 | | - | (3) In the event of consolidation, the election of governing board members of the school district or community college district or of members of the county board of education shall be conducted in accordance with all applicable procedural requirements of the Elections Code pertaining to that primary, general, or municipal election, and shall thereafter occur in consolidation with that election. |
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| 137 | | - | |
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| 138 | | - | (4) If the date of an election is changed pursuant to this section, at least one election shall be held before the resolution, as approved by the board of supervisors, may be subsequently repealed or amended. |
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| 139 | | - | |
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| 140 | | - | SEC. 5. Section 10404.5 of the Elections Code is amended to read:10404.5. (a) A resolution of the governing board of a school district or county board of education to establish an election day pursuant to subdivision (b) of Section 1302 shall be adopted and submitted to the board of supervisors not later than 240 days prior to the date of the currently scheduled election of the district or for the members of the county board of education. school district.(b) The final date for the submission of the resolution by the governing board of a school district or county board of education to the board of supervisors is not subject to waiver.(c) The board of supervisors shall notify all school districts and the county board of education located in the county of the receipt of the resolution to consolidate and shall request input from each district on the effect of consolidation.(d) (1) The board of supervisors, within 60 days from the date of submission, shall approve the resolution unless it finds that the ballot style, voting equipment, or computer capacity is such that additional elections or materials cannot be handled. Prior to the adoption of a resolution to either approve or deny a consolidation request, the board or boards of supervisors may obtain from the elections official a report on the cost-effectiveness of the proposed action.(2) Public notices of the proceedings in which the resolution is to be considered for adoption shall be made pursuant to Section 25151 of the Government Code.(e) Within 30 days after the approval of the resolution by the board of supervisors, the elections official shall notify all registered voters of the school districts affected by the consolidation of the approval of the resolution by the board of supervisors. The notice shall be delivered by mail and at the expense of the school district or if applicable, the county board of education. district.(f) An election day established pursuant to subdivision (b) of Section 1302 shall be prescribed to occur not less than one month, nor more than 12 months, subsequent to the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate. Code. As used in this subdivision, 12 months means the period from the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate, to the first Tuesday after the first Monday in the 12th month subsequent to that day, inclusive.(g) In the event that the election day for a school district governing board or county board of education is established pursuant to subdivision (b) of Section 1302, the term of office of all then incumbent members of that school district governing board or county board of education shall be extended accordingly. |
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| 141 | | - | |
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| 142 | | - | SEC. 5. Section 10404.5 of the Elections Code is amended to read: |
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| 143 | | - | |
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| 144 | | - | ### SEC. 5. |
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| 145 | | - | |
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| 146 | | - | 10404.5. (a) A resolution of the governing board of a school district or county board of education to establish an election day pursuant to subdivision (b) of Section 1302 shall be adopted and submitted to the board of supervisors not later than 240 days prior to the date of the currently scheduled election of the district or for the members of the county board of education. school district.(b) The final date for the submission of the resolution by the governing board of a school district or county board of education to the board of supervisors is not subject to waiver.(c) The board of supervisors shall notify all school districts and the county board of education located in the county of the receipt of the resolution to consolidate and shall request input from each district on the effect of consolidation.(d) (1) The board of supervisors, within 60 days from the date of submission, shall approve the resolution unless it finds that the ballot style, voting equipment, or computer capacity is such that additional elections or materials cannot be handled. Prior to the adoption of a resolution to either approve or deny a consolidation request, the board or boards of supervisors may obtain from the elections official a report on the cost-effectiveness of the proposed action.(2) Public notices of the proceedings in which the resolution is to be considered for adoption shall be made pursuant to Section 25151 of the Government Code.(e) Within 30 days after the approval of the resolution by the board of supervisors, the elections official shall notify all registered voters of the school districts affected by the consolidation of the approval of the resolution by the board of supervisors. The notice shall be delivered by mail and at the expense of the school district or if applicable, the county board of education. district.(f) An election day established pursuant to subdivision (b) of Section 1302 shall be prescribed to occur not less than one month, nor more than 12 months, subsequent to the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate. Code. As used in this subdivision, 12 months means the period from the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate, to the first Tuesday after the first Monday in the 12th month subsequent to that day, inclusive.(g) In the event that the election day for a school district governing board or county board of education is established pursuant to subdivision (b) of Section 1302, the term of office of all then incumbent members of that school district governing board or county board of education shall be extended accordingly. |
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| 147 | | - | |
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| 148 | | - | 10404.5. (a) A resolution of the governing board of a school district or county board of education to establish an election day pursuant to subdivision (b) of Section 1302 shall be adopted and submitted to the board of supervisors not later than 240 days prior to the date of the currently scheduled election of the district or for the members of the county board of education. school district.(b) The final date for the submission of the resolution by the governing board of a school district or county board of education to the board of supervisors is not subject to waiver.(c) The board of supervisors shall notify all school districts and the county board of education located in the county of the receipt of the resolution to consolidate and shall request input from each district on the effect of consolidation.(d) (1) The board of supervisors, within 60 days from the date of submission, shall approve the resolution unless it finds that the ballot style, voting equipment, or computer capacity is such that additional elections or materials cannot be handled. Prior to the adoption of a resolution to either approve or deny a consolidation request, the board or boards of supervisors may obtain from the elections official a report on the cost-effectiveness of the proposed action.(2) Public notices of the proceedings in which the resolution is to be considered for adoption shall be made pursuant to Section 25151 of the Government Code.(e) Within 30 days after the approval of the resolution by the board of supervisors, the elections official shall notify all registered voters of the school districts affected by the consolidation of the approval of the resolution by the board of supervisors. The notice shall be delivered by mail and at the expense of the school district or if applicable, the county board of education. district.(f) An election day established pursuant to subdivision (b) of Section 1302 shall be prescribed to occur not less than one month, nor more than 12 months, subsequent to the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate. Code. As used in this subdivision, 12 months means the period from the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate, to the first Tuesday after the first Monday in the 12th month subsequent to that day, inclusive.(g) In the event that the election day for a school district governing board or county board of education is established pursuant to subdivision (b) of Section 1302, the term of office of all then incumbent members of that school district governing board or county board of education shall be extended accordingly. |
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| 149 | | - | |
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| 150 | | - | 10404.5. (a) A resolution of the governing board of a school district or county board of education to establish an election day pursuant to subdivision (b) of Section 1302 shall be adopted and submitted to the board of supervisors not later than 240 days prior to the date of the currently scheduled election of the district or for the members of the county board of education. school district.(b) The final date for the submission of the resolution by the governing board of a school district or county board of education to the board of supervisors is not subject to waiver.(c) The board of supervisors shall notify all school districts and the county board of education located in the county of the receipt of the resolution to consolidate and shall request input from each district on the effect of consolidation.(d) (1) The board of supervisors, within 60 days from the date of submission, shall approve the resolution unless it finds that the ballot style, voting equipment, or computer capacity is such that additional elections or materials cannot be handled. Prior to the adoption of a resolution to either approve or deny a consolidation request, the board or boards of supervisors may obtain from the elections official a report on the cost-effectiveness of the proposed action.(2) Public notices of the proceedings in which the resolution is to be considered for adoption shall be made pursuant to Section 25151 of the Government Code.(e) Within 30 days after the approval of the resolution by the board of supervisors, the elections official shall notify all registered voters of the school districts affected by the consolidation of the approval of the resolution by the board of supervisors. The notice shall be delivered by mail and at the expense of the school district or if applicable, the county board of education. district.(f) An election day established pursuant to subdivision (b) of Section 1302 shall be prescribed to occur not less than one month, nor more than 12 months, subsequent to the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate. Code. As used in this subdivision, 12 months means the period from the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate, to the first Tuesday after the first Monday in the 12th month subsequent to that day, inclusive.(g) In the event that the election day for a school district governing board or county board of education is established pursuant to subdivision (b) of Section 1302, the term of office of all then incumbent members of that school district governing board or county board of education shall be extended accordingly. |
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| 151 | | - | |
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| 152 | | - | |
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| 153 | | - | |
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| 154 | | - | 10404.5. (a) A resolution of the governing board of a school district or county board of education to establish an election day pursuant to subdivision (b) of Section 1302 shall be adopted and submitted to the board of supervisors not later than 240 days prior to the date of the currently scheduled election of the district or for the members of the county board of education. school district. |
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| 155 | | - | |
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| 156 | | - | (b) The final date for the submission of the resolution by the governing board of a school district or county board of education to the board of supervisors is not subject to waiver. |
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| 157 | | - | |
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| 158 | | - | (c) The board of supervisors shall notify all school districts and the county board of education located in the county of the receipt of the resolution to consolidate and shall request input from each district on the effect of consolidation. |
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| 159 | | - | |
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| 160 | | - | (d) (1) The board of supervisors, within 60 days from the date of submission, shall approve the resolution unless it finds that the ballot style, voting equipment, or computer capacity is such that additional elections or materials cannot be handled. Prior to the adoption of a resolution to either approve or deny a consolidation request, the board or boards of supervisors may obtain from the elections official a report on the cost-effectiveness of the proposed action. |
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| 161 | | - | |
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| 162 | | - | (2) Public notices of the proceedings in which the resolution is to be considered for adoption shall be made pursuant to Section 25151 of the Government Code. |
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| 163 | | - | |
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| 164 | | - | (e) Within 30 days after the approval of the resolution by the board of supervisors, the elections official shall notify all registered voters of the school districts affected by the consolidation of the approval of the resolution by the board of supervisors. The notice shall be delivered by mail and at the expense of the school district or if applicable, the county board of education. district. |
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| 165 | | - | |
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| 166 | | - | (f) An election day established pursuant to subdivision (b) of Section 1302 shall be prescribed to occur not less than one month, nor more than 12 months, subsequent to the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate. Code. As used in this subdivision, 12 months means the period from the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate, to the first Tuesday after the first Monday in the 12th month subsequent to that day, inclusive. |
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| 167 | | - | |
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| 168 | | - | (g) In the event that the election day for a school district governing board or county board of education is established pursuant to subdivision (b) of Section 1302, the term of office of all then incumbent members of that school district governing board or county board of education shall be extended accordingly. |
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| 169 | | - | |
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| 170 | | - | SEC. 6. 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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| 171 | | - | |
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| 172 | | - | SEC. 6. 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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| 173 | | - | |
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| 174 | | - | SEC. 6. 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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| 175 | | - | |
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| 176 | | - | ### SEC. 6. |
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| 177 | | - | |
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| 178 | | - | |
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| 179 | | - | |
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| 180 | | - | It is the intent of the Legislature to enact subsequent legislation relating to secondary education. |
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