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HomeEducation CodeCh. 1Art. 1§ 4006 County Committee Vacancy Filling

§ 4006 County Committee Vacancy Filling

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4006 County Committee Vacancy Filling

Key Takeaways

  • •If a spot on the school committee opens up because someone's time is up, the other school board members vote to fill it at their yearly meeting. They can even vote early with special ballots if allowed.
  • •If the school board members don’t pick someone for the open spot, the county’s top school boss (superintendent) gets to choose.
  • •If a spot opens up early because someone quits, moves, or can’t do the job anymore, the rules change based on how the committee members were picked in the first place. If they were appointed, the superintendent picks the new person. If they were elected, the remaining members vote, but if they take too long (more than 70 days), the superintendent picks instead.
  • •Anyone picked to fill an open spot only stays until the original term is over—they don’t get a full new term.

Example

Imagine your local school committee has 5 members, and one of them, Mrs. Smith, finishes her 4-year term in June. At the yearly meeting in July, the other school board members vote to pick a new person for her spot.

The school board members can vote in person at the meeting or send in early ballots if the committee allows it. If they can’t decide or forget to vote, the county superintendent will pick the new member instead. The new person will serve for the next 4 years, just like Mrs. Smith was supposed to.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4006 County Committee Vacancy Filling

(a)  Any vacancy created by the expiration of the term of office of a member of the county committee on school district organization shall be filled by the majority vote of the representatives of the governing boards at the annual meeting called and held pursuant to subdivision (a) of Section 4005. The county committee may authorize the representatives of the governing boards to vote, for this purpose, through the use of absentee ballots that are submitted, in the form and manner prescribed by the county committee, prior to the date set for the annual meeting. (b) If the representatives fail to elect members to fill the vacancies on the county committee pursuant to subdivision (a), the vacancies shall be filled by the county superintendent of schools. (c) Vacancies on the county committee which occur prior to the expiration of the term of office of a member of the county committee, which are caused by the happening of any of the events specified in Section 1770 of the Government Code, shall be filled as follows: (1) In a county in which the members of the county committee are appointed by the county superintendent of schools, by the appointment of the county superintendent of schools. (2) In a county in which the members of the county committee are elected by the representatives of the governing boards, by the majority vote of the remaining members of the committee. However, if the remaining members of the committee do not fill the vacancy within 70 days of its occurrence, the county superintendent of schools shall fill the vacancy by his or her appointment. Persons elected or appointed to fill a vacancy pursuant to this subdivision shall hold office for the remainder of the unexpired term. (d) It is the intent of the Legislature that the allowance for absentee ballots will increase participation in the selection of county committees and will not diminish the public review of candidates for those county committees. (Amended by Stats. 1989, Ch. 860, Sec. 1.)

Last verified: January 23, 2026

Key Terms

allowancelegislatureschoolmajorityexpirationorganizationappointmentoccurrence

Related Statutes

  • § 14004.5 Per Pupil School Funding
  • § 5204 School Board Expansion Proceedings
  • § 1002 County Board Trustee Boundaries
  • § 5017 School Board Term Lengths
  • § 5019 School Board Trustee Areas

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 4006.
View Official Source