California Education Code

§ 5091

EDC § 5091 Effective Jan 1, 2023Div. 1 · Title 1 · Part 4 · Ch. 1 · Art. 3

Statute text

(a)(1) If a vacancy occurs, or if a resignation has been filed with the county superintendent of schools containing a deferred effective date, the school district or community college district governing board shall, within 60 days of the vacancy or the filing of the deferred resignation, either order an election or make a provisional appointment to fill the vacancy. A governing board member may not defer the effective date of the member’s resignation for more than 60 days after the member files the resignation with the county superintendent of schools.

(2)In the event that a governing board fails to make a provisional appointment or order an election within the prescribed 60-day period as required by this section, the county superintendent of schools shall order an election to fill the vacancy.

(b)When an election is ordered, it shall be held on the next established election date provided pursuant to Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code not less than 130 days after the order of the election.

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Legislative history

Amended (as amended by Stats. 2021, Ch. 615, Sec. 60) by Stats. 2022, Ch. 831, Sec. 1. (SB 1061) Effective January 1, 2023.