Bill Text: CA SB494 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School district governing boards: meetings: school district superintendents and assistant superintendents: termination.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-13 - Chaptered by Secretary of State. Chapter 875, Statutes of 2023. [SB494 Detail]

Download: California-2023-SB494-Amended.html

Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 494


Introduced by Senator Newman

February 14, 2023


An act to amend Section 35144 of add Section 35150 to the Education Code, relating to school districts.


LEGISLATIVE COUNSEL'S DIGEST


SB 494, as amended, Newman. School district governing boards: special meetings: notice. meetings: school district superintendents and assistant superintendents: termination.
Existing law requires the governing board of any school district to fix the time and place for its regular meetings with proper notice to all members of the governing board of the regular meetings. Existing law authorizes the presiding officer of the governing board of a school district, or a majority of the members of the governing board of a school district, to call a special meeting of the governing board of the school district at any time if specified notice requirements are met.
This bill would prohibit the governing board of a school district from taking action to terminate a superintendent or assistant superintendent of the school district, or both, without cause, at a special or emergency meeting of the governing board or within 30 days after the first convening of the governing board after a general election, as specified.

Existing law authorizes the presiding officer of the governing board of a school district, or a majority of the members of the governing board of a school district, to call a special meeting of the governing board of the school district at any time if specified notice requirements are met.

This bill would makes nonsubstantive changes to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 35150 is added to the Education Code, immediately following Section 35149, to read:

35150.
 (a) The governing board of a school district shall not take action to terminate a superintendent or assistant superintendent of the school district, or both, without cause, at a special or emergency meeting of the governing board.
(b) The governing board of a school district shall not terminate a superintendent or assistant superintendent of the school district, or both, without cause, within 30 days after the first convening of the governing board after a general election.

SECTION 1.Section 35144 of the Education Code is amended to read:
35144.

(a)A special meeting of the governing board of a school district may be called at any time by the presiding officer of the governing board, or by a majority of the members of the governing board, by delivering personally or by mail, written notice to each member of the governing board, and to each local newspaper of general circulation, radio station, or television station requesting notice in writing.

(b)The notice shall be delivered personally or by mail at least 24 hours before the time of the meeting, as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at those meetings by the governing board of the school district. The written notice may be dispensed with as to any member who at or before the time the meeting convenes files with the clerk or secretary of the governing board of the school district a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.

(c)The call and notice shall be posted at least 24 hours before the special meeting in a location that is freely accessible to members of the public and school district employees.

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