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School Board Member Resignation

Per Education Code section 5090, “Vacancies on school district governing boards or community college district boards are caused by any of the events specified in Section 1770 of the Government Code, or by a failure to elect.  A vacancy resulting from resignation occurs when the written resignation is filed with the county superintendent of schools having jurisdiction over the district, except where a deferred effective date is specified in the resignation so filed, in which case the resignation shall become effective on that date.  A written resignation, whether specifying a deferred effective date or otherwise, shall, upon being filed with the county superintendent of schools be irrevocable.” [Emphasis added]

Board Member Resignation Process

Below is the process for submitting a resignation. Sample letters are provided to assist you.  

  • If a school board member resigns from a school board in the middle of their term, a written resignation must be filed with the county superintendent of schools. Resignations may be emailed to ssalcido@sbceo.org  or mailed. 
  • The date the written notification is filed with the county superintendent of schools is the effective date or within 60 days of the filing if a deferred resignation date is specified in the written notification.
  • The resignation is irrevocable upon being filed with the county superintendent of schools.

District Administration Process - Steps to fill the Vacancy

The timing of the resignation affects the process required to fill the vacancy.

  • If the vacancy occurs up to 6 months prior to the General or Presidential Election, follow the Checklist - Notice and Publication Instructions below. 

or

  • If the vacancy occurs during the timeframe below, contact SBCEO’s School Business Advisory Services (SBAS) Department to help you through the appropriate processes.
     
    • If the vacancy occurs between 6 months and 130 days before the regularly scheduled election, there will be no provisional appointment to fill that vacancy. The vacancy shall be filled at a special election, consolidated with the regularly scheduled governing board member election (EC 5093(b)). 
    • If the vacancy occurs within 4 months of the end of the term of that position, there shall be no provisional appointment to fill the vacancy. The vacancy shall be filled, as scheduled, at the upcoming General or Presidential Election (EC 5093(a)).

CHECKLIST - NOTICE AND PUBLICATION INSTRUCTIONS

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                       For a vacancy that occurs up to 6 months prior to the General or Presidential Election...

  • Within 60 days of the vacancy (EC 5091(a)), the board selects and appoints a candidate or orders a special election.
  • The school district posts public notices in three places and in the newspaper (if there is no newspaper in the district, a notice need not be published) to seek candidates for the vacancy (see Sample Notice of Vacancy)
  • The school district contacts the Santa Barbara County Elections Office at (805) 696-8957 to certify candidates meet the following qualifications: an individual who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and who is not disqualified by the Constitution or laws of the state from holding a civil office. 
  • The school district board conducts interviews of candidates and appoints individuals. The appointee serves until the next regularly scheduled general election.
  • After selection of the candidate, and within 10 days of the provisional appointment, a notice must be posted in three public places and must also be published (see Sample Notice of Provisional Appointment). If there is no newspaper in the district, notices need not be published.

  The notice and publication shall include the following:

  • The reason for the vacancy
  • The date the vacancy occurred, the date of filing, or the effective date of resignation
  • The full name of the provisional appointee and the date of their appointment
  • A statement that unless a petition calling for a special election, containing a sufficient number of signatures, is filed with the county superintendent of schools within thirty days of the date of the appointment, the appointment shall become effective. If a petition is filed, the county superintendent of schools has thirty days in which to verify your signature.  If the petition is determined to be legal, the provisional appointment is terminated, and the county superintendent of schools should call a special election to be conducted no later than the 130thday after the determination.
     
  • After the provisional appointment is made, please send a copy of the completed Certificate of Appointment and Oath of Office, and contact information for the provisional appointee, to SBCEO’s School Business Advisory Services Department.