County boards of education: elections: consolidation.
SB 249
California Bills
20250SB__024997AMD INTRODUCED 2025-01-30 AMENDED_SENATE 2025-03-10 AMENDED_SENATE 2025-04-30 2025 SB AMD Introduced by Senator Umberg LEAD_AUTHOR SENATE Umberg
An act to amend Sections and of, and to repeal
Section of, the Education Code, and to amend Sections and 10404.5 of the Elections Code, relating to county boards of education. county boards of 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 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.
MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1.
Section of the Education Code is amended to read: 1007. (
a) Notwithstanding any other law, commencing January 1, 2026, any election for the members of a county board of education shall be consolidated with the statewide general election. (b)<xhtml:span class="EnSpace"/>If the elections for 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 shall apply to the election of members of the county board of education.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>Elections held pursuant to this
article shall be conducted by the county board of education, except as provided in subdivision (b).</xhtml:p><xhtml:p>(d)</xhtml:p>"?> (b)
(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.
(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 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.
SEC. 3.
Section of the Education Code is repealed.
SEC. 4.
Section 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 or community college 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 or community college district, the election of governing board members for the district may be established, upon the adoption of an appropriate resolution by the governing 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 or community college 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 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 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.
Section 10404.5 of the Elections Code is amended to read: 10404.5. (
a) A resolution of the governing board of a school district to establish an election day pursuant to subdivision (
b) of
Section shall be adopted and submitted to the board of supervisors not later than days prior to the date of the currently scheduled election of the school district. (
b) The final date for the submission of the resolution by the governing board of a school district to the board of supervisors is not subject to waiver. (
c) The board of supervisors shall notify all school districts 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 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 of the Government Code. (
e) Within 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. (
f) An election day established pursuant to subdivision (
b) of
Section shall be prescribed to occur not less than one month, nor more than months, subsequent to the election day prescribed in
Section of the Education Code. As used in this subdivision, “12 months” means the period from the election day prescribed in
Section of the Education Code 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 is established pursuant to subdivision (
b) of
Section 1302, the term of office of all then incumbent members of that school district governing board 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